January 17, 2010

When It Comes To Private Health Care In Canada Don't Ask Don't Tell Is The Policy Part #2

By Melvin J. Howard

Max Planck the father of quantum physics the guy who inspired Einstein and every other physicist thereafter. Have come up with some pretty interesting theories on how the world works. One such physicist by the name of Hugh Everett III proposed the many-worlds theory or interpretation of quantum physics. Other words he theorize there are multiple parallel worlds or universe that we are just not able to see yet but exist. Well I am beginning to believe that more and more right now I must be in bizarre world because I just can’t believe what I am witnessing right now. Take for instance the ongoing legal case between the Private Clinics and the Province of British Columbia Canada. Now remember if you have been following me Canada has no private health care or so that is what the Government of Canada is telling me. So I like to draw your attention to the legal papers filed in the Supreme Court of British Columbia https://sites.google.com/site/thehowardgroupagenda/ Now it doesn’t take pardon the pun an Einstein to figure out that what I have been saying about the unfair trade practices of putting up barriers to US health care companies exist. As a matter of fact lets drive the point home this is a quote from the BC Health Coalition a special interest group. In January 2009, a group of for-profit clinics led by Dr. Brian Day launched a lawsuit against the B.C. provincial government. They are seeking to have the courts strike down our provincial health care legislation, the Medical Protection Act, to allow US-style private insurance companies access to the "health care market" in British Columbia.” Now what is this US-Style of health care that’s all I ever heard for a number of years? Now that the US is reforming its health care system what will they call it next? Why is this relevant to my NAFTA Chapter 11 case against the Government of Canada? It’s important on so many levels but let me highlight just a few. Since there have been over 33 or 34 filings in court containing tens of hundreds of pages of motions, affidavits, petitions, submissions blah, blah, blah. I have read every page and I got to tell you the more I read the more disturbing it gets. Let’s zero in on the writ of summons by the Plaintiffs the Private Clinics and the statement of Defence by the BC Provincial Government. If you look carefully you will start to see the irony and hypocrisy that I endured for years. First the denial that there is even a private health care market in Canada. Second then the Provincial Government contracts out medical services to the very same private clinics they are counter suing. Third the current Minster of health publicly states he believes patients should be able to use their own money to buy expedited health care in the private sector" I do not have any objection to people using their own money just as they do for dental care or sending their kids to private school”. See the problem here its like a F-15 fighter jet getting ready to land on a aircraft carrier. But there’s a problem instead of one signalman you got three trying to give you directions to land which one do you follow? You know the rules you followed your flight plan you have a green light from the tower. Eventually you try reading all three and crash your expensive plane so now the question is not only who is responsible for the crash but also who is going to pay the damages?

You see here is where the problem comes in Canada health care system is in direct conflict with international trade laws its been that way for years its just that nobody challenged it until now. You have Quebec Supreme Court of Canada that struck down Quebec laws that outlawed private insurance. Other word private health care in Quebec is ok so is Quebec apart of Canada or not? Then you have private facilities and clinics that have been operating all thorough out Canada in full view of the federal and provincial governments for years without any repercussions in fact even contracting out services and even partnering up with private contractors. Then to add insult to injury the Provincial Government of BC did something that if it happened to any Canadian citizen in the US there would be outrage. But that will be saved for another time oh and one last point as it also concerns my NAFTA Chapter 11 case. Amicus briefs what is an amicus brief it is a document which is filed in a court by someone who is not directly related to the case under consideration. Example of an amicus brief is a document filed by an advocacy group such as the BC Health Coalition, Canadian Doctors for Medicare etc. Under NAFTA rules this is allowed so in anticipation of that I have also posted these groups written submissions in the BC Supreme Court case as interveners. No doubt that these same groups will have the same arguments in my NAFTA case I welcome them I have had 12 years of practice.