Talk:Cambie Surgeries Corporation v British Columbia

Court of Appeal decision
Here are links to the decision on the merits of the Court of Appeal for British Columbia: Cambie Surgeries Corporation v. British Columbia (Attorney General), 2022 BCCA 245, Docket CA47004. There also were several interlocutory decisions.
 * https://www.bccourts.ca/jdb-txt/ca/22/02/2022BCCA0245.htm
 * https://canlii.ca/t/jqh1s

The three-judge panel of the BCCA agreed on the disposition of the case (i.e. that the appeal be dismissed without costs) but there were two opinions with different rationales. Chief Justice Bauman and Justice Harris found that the impugned provisions of the Medicare Protection Act deprive some patients of the right to life and right to security of the person, but in accordance with the principles of fundamental justice. Therefore (according to the majority of the panel), the impugned provisions do not infringe section 7 of the Canadian Charter of Rights and Freedoms.

The third member of the panel, Justice Fenlon, held that the impugned legislative provisions deprive some patients of the right to life and security of the person, and are not in accordance with the principles of fundamental justice. Therefore, according to Justice Fenlon, the provisions infringe section 7 of the Charter. However, Justice Fenlon went on to find the provisions are saved by section 1 of the Canadian Charter of Rights and Freedoms, and therefore are not unconstitutional. Mathew5000 (talk) 00:08, 11 August 2022 (UTC)


 * On September 29, 2022, Cambie Surgeries Corporation filed, at the Supreme Court of Canada, an application for leave to appeal the judgment of the British Columbia Court of Appeal. (The application was amended on March 6, 2023.) The SCC docket summary is online here. On April 6, 2023, the Supreme Court of Canada rendered the following judgment on the application:

"The motion for an extension of time to serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47004, 2022 BCCA 245, dated July 15, 2022, is dismissed with costs to the respondent, the Attorney General of Canada."


 * Source: https://decisions.scc-csc.ca/scc-csc/news/en/item/7661/index.do Mathew5000 (talk) 14:36, 6 April 2023 (UTC)