Advocacy groups won't appeal Ontario court's dismissal of Charter challenge to long-term care law
Advocacy organizations won't appeal an Ontario court's decision to dismiss their Charter challenge of the province's long-term care (LTC) law, which allows hospitals to move people into homes they didn't choose or be charged $400 a day to remain in hospital.
The case, launched by the Advocacy Centre for the Elderly (ACE) and the Ontario Health Coalition (OHC), was heard in the Superior Court of Justice in September.
The two parties argued Bill 7, the More Beds, Better Care Act, — which was passed in 2022 — violates the Charter of Rights and Freedoms so the law should be overturned. The provincial government, however, maintains the law is necessary to free up much-needed hospital beds.
In mid-January, the court sided with the province and decided to dismiss the case.
In an interview with CBC News on Wednesday, Ontario Health Coalition executive director Natalie Mehra said OHC can't afford the legal costs to appeal.
The OHC is paying the majority of legal fees in this case, of "close to $200,000," according to Mehra. She said they're still fundraising to pay it off.
She also said an appeal is always challenging to win.
"It's very disappointing and really heartbreaking," Mehra said.
"We know that patients really are suffering as a result of the coercion, trying to find somewhere to move from hospital into a long-term care home that is a decent home, that provides the care that they need, that is close to loved ones."
In the published decision from January, Justice Robert Centa said the law doesn't contravene the Charter. The bill "does not interfere with an ALC [alternate level of care] patient's 'right' to choose where they live," and the $400 daily charge for a continued hospital stay is "not coercive," Centa wrote.
Instead, Bill 7 has a "sufficiently important objective," the justice added.
"I found that the purpose of Bill 7 is to reduce the number of ALC patients in hospital who are eligible for admission to a long-term care home in order to maximize hospital resources for patients who need hospital-level care."
Mehra said ACE and the OHC were "shocked" by the ruling, especially the idea that a $400 daily charge isn't coercive.
"These are elderly patients, they're on fixed incomes, $400 a day is $12,000 a month — that is beyond the means of the vast majority of people in Ontario. It really means that they don't have a choice in our view."
An Ontario patient charged $26K under legislation
Since the law was implemented in 2022, CBC News has spoken with people who were impacted, including Michele Campeau, whose elderly mom was charged $26,000 under the legislation last year. Campeau had refused to move her mom out of a Windsor hospital and into a long-term care home the family didn't want.
CBC News reached out this week to Campeau for comment, but hasn't heard back. When she last spoke to CBC News in January, Campeau said she wasn't planning to pay the fee and didn't agree with the court ruling.
Patients, their caregivers and seniors advocates have said the law is unfair and doesn't give elderly people, who might be in their final stage of life, the right to choose where they want to live.
But health-care leaders who provided expert evidence during the court case have said the law helps free up hospital beds for people who need them.
A spokesperson for Ontario's minister of health previously told CBC News the law "ensures people across the province receive the care they need, in a setting that is right for them."
"It frees up hospital beds so that people waiting for surgeries can get them sooner. It eases pressures on crowded emergency departments by admitting patients sooner and it connects more people to the care they need when they need it."
'Ramp up our fight'
Despite the OHC's decision, Mehra said they're not giving up.
She said they will continue to advocate for patients and "ramp up our fight" to get the province to prioritize the rights of elderly patients.
Beyond overturning the law, she said, they'll advocate for the government to improve home care, increase capacity in hospitals and LTC homes, and move forward with building new and modern homes that people want to live in.
"The fact that the solution has been to target patients rather than to deal with the capacity issues in our health system ... it's wrong, it's morally wrong, to treat people at the end of their lives in that way," she said.
"We have to fight with everything we have to force political change."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
18 hours ago
Dentists praise Canadian Dental Care program, but also express concern over influx of new patients
A northern Ontario dentist says the Canadian Dental Care Plan has generally been positive, but he worries it could cause issues meeting higher demand for dental care over the long term. In June, eligible Canadians between the ages of 18 and 64 can start receiving dental coverage under the plan. Dr. Thomas Detert, a dental surgeon based in Blind River, said the dental plan is bringing in patients who haven't been to a dentist's office in years. Some of them are like over 10 or 15 years because when they retired, they lost their benefits, he said. In some cases, Detert said those patients had good oral hygiene habits and didn't need significant dental care. But in other cases, they put off going to the dentist until they were in serious pain, and needed significant work. While the program has benefited those people, Detert said there's a risk demand for dental care could outstrip the ability of dentists and other oral health professionals to meet it. Much like our socialized medicine in Canada, without proper prevention and education, the demand [has] outstripped any amount of supply that can be thrown at it. And that's what I'm afraid of for socialized dentistry, he said. Around 3.6 million Canadians have been approved by the Canadian Dental Care Plan and around 1.9 million people received care through the plan, as of April. Dr. Jerry Smith, a dentist from Thunder Bay, Ont., and the past president of the Ontario Dental Association, said another 4.5 million Canadians could qualify for the plan with the cohort of people between the ages of 18 and 64. Smith agreed the plan has been positive for people who might not be able to afford dental care otherwise. But he worries a shortage of dental hygienists and assistants will make it challenging for dentists to properly serve an influx of new patients. In Ontario alone, there is a shortage of about 3,400 dental assistants and about 5,500 dental hygienists, he said, quoting figures from a 2022 analysis conducted by the Ontario Dental Association. The Canadian Dental Association estimates that with the increase in patients from the Canadian Dental Care Plan, Canada will need an additional 2,300 dental assistants and over 1,500 dental hygienists in 2025. The numbers from the Ontario Dental Association reference its estimates for the total shortage in the province. In a statement to CBC News Marg Harrington, the CEO of the Ontario Dental Hygienists' Association, said that while some dental practices might struggle attracting dental hygienists, the narrative of a provincewide shortage is inaccurate. The fact is there are more dental hygienists in Ontario than ever before, Harrington said. Registration data from the College of Dental Hygienists of Ontario show a steady increase over the past few years in the number of dental hygienists registered in Ontario. Harrington said that research published last month in the BMC Oral Health journal showed that Ontario had 97 registered dental hygienists per 100,000 population in 2023, which is substantially higher than other provinces. Jonathan Migneault (new window) · CBC News
CBC
2 days ago
- CBC
Where wildfire smoke is in Canada and how kids can stay safe
Avoid going outside if air quality is poor, says expert Some kids across Canada are finding the air hard to breathe as wildfires rage across the country. By the end of May, Manitoba and Saskatchewan had declared states of emergency, but they're not the only provinces feeling the impact. Even in areas where the smoke isn't particularly thick, some people may still notice it as the wind carries it far across the landscape. Let's take a look at where the smoke is right now and how you can stay safe from the fumes. Wildfire smoke in Canada Why wildfire smoke is bad Dr. Samir Gupta, a respirologist and associate professor at the University of Toronto, in Ontario, said that wildfire smoke is a bigger concern than ever. That's because wildfire seasons in recent years have been longer and more intense than in the past. Wildfire smoke contains a tiny pollutant called fine particulate matter, which can be harmful to our health, especially if inhaled year after year. 'They not only damage the lungs on the way in, but when they make their way to the bloodstream, they spread to all parts of the body,' Gupta told CBC News. Smoke can affect areas far away. Here, smoke from Canadian wildfires creates a haze in Oconomowoc, Wisconsin, on June 1. (Image credit: John Hart/Wisconsin State Journal/The Associated Press) He said that this kind of pollution can increase our risk of things like heart attack, asthma and cancer. But thankfully, there are steps we can take to protect ourselves. How can I stay safe from the smoke? Gupta said that those who live close to wildfire activity need to be particularly diligent about protecting themselves from smoke. Especially during wildfire season, it's important to check online to see what the air quality is like where you live. If the air quality is bad, Gupta recommends the following: Avoid the outdoors as much as possible. Wear a mask — ideally an N95 — if you are outdoors. Avoid exercise outdoors as exercise causes us to breathe in much more of the smoke. When indoors, keep windows closed to avoid smoke coming inside. Ask your parents about investing in an air filter to keep indoor air clean. Have more questions? Want to tell us how we're doing? Use the 'send us feedback' link below. ⬇️⬇️⬇️
CBC
4 days ago
- CBC
Have you ever wanted to contribute to medical research? These women can show you how to do that
You don't have to be a health-care professional to take part in medical research. You can be a patient partner, like Amanda Doherty-Kirby. She and Kate Kelly, with the Centre for Health and Community Research at UPEI, talk to Louise Martin of CBC News: Compass about a workshop on the topic, happening at the Charlottetown Library on June 10.
