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Introduce more private medicine, says doctor who challenged Quebec ban

Last Updated: Tuesday, March 21, 2006 | 3:55 PM ET

The doctor who took the Quebec government to the Supreme Court of Canada, causing it to change its policy on wait times and private health insurance, wants to see more privatization.

In his Supreme Court case, Dr. Jacques Chaoulli argued "patients will continue to suffer and die" because of waiting lists.

Dr. Jacques Chaoulli. (file photo)
Dr. Jacques Chaoulli. (file photo)

Last year, the high court ruled in response that some wait times for medical procedures in the province were unconstitutional.

In February, Quebec Premier Jean Charest announced guaranteed wait times for cataract surgery and hip and knee replacements and changes to make it legal for Quebecers to buy private insurance for those three medical services.

On Tuesday, Chaoulli called the move a good first step, while urging the Quebec government to go further with privatization.

"I would like that Quebecers have the best value for the public money they spend," Chaoulli said.

He said the best way would be to allow more private medicine, including:

  • Allowing doctors to work in both the public and private systems, such as at a public hospital and a private clinic, rather than one or the other.
  • Privatizing medical schools and hospitals.
  • Loosening legal restrictions that limit private insurance.

The ideas were outlined in a 40-page document Chaoulli submitted to a provincial government commission looking into health reforms.

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HEALTH CARE BEFORE THE SUPREME COURT

The question: Is it unconstitutional to outlaw private health care for patients who can pay?

The argument: Canadians should have the right to buy private insurance and pay for private care rather than waiting in the public system.

The ruling: The Quebec government cannot prevent people from paying for private insurance for procedures covered under medicare. The ruling has no immediate impact outside Quebec.

The patient: George Zeliotis, 73, from Montreal. He waited almost a year for hip surgery in the mid-'90s.

The doctor: Dr. Jacques Chaoulli tried and failed to set up a private hospital in Quebec. The Supreme Court decided to hear his and Zeliotis's cases together.

Earlier rulings: In Quebec, lower courts have ruled that the collective right to a publicly funded system is more important than individual rights.

The warnings: Ottawa advised against meddling with "one of Canada's finest achievements." Quebec warned of a brain drain to private health care.

» The Supreme Court decision

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