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Doug Allan

Privatization mania and NIMBY myopia behind Ontario gas plant scandal: Cohn | Toronto Star - 0 views

  • Angry at the fledgling local contractor who constantly under-delivered on the stalled electricity project — yet overstated its costs when extorting more money from taxpayers.
  • Angry at the U.S. hedge fund that overcharged with an astonishing 14 per cent interest rate — then aggressively litigated when it had taxpayers trapped.
  • Only the auditor general’s office has clean hands and a clear head on this muddled story. Everyone else has their fingerprints on what reads like a case study in human decision-making gone awry.
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  • Horwath has an opening, however, to use the Mississauga mess as a teachable moment: to illustrate how the ideology of privatization trumps practicality.
  • It was the Liberal embrace of privatization in 2004 that drove the government to contract out any new power generation — from gas-fired plants, solar and wind — to the private sector, explicitly sidelining government-owned Ontario Power Generation.
  • Not in Mississauga, where the private sector ran out of time — and money. Eastern Power won the contract by bidding low for the project, but turned out to be a high-cost operator: Not only did it borrow money at 14 per cent (compounded quarterly), as the auditor noted incredulously, it demanded to be compensated for supposedly paying an administrative assistant at the rate of $110,000 a year. So much for efficiency. As for timing and diplomacy, Eastern Power failed to win over the local community, ultimately turning to the Ontario Municipal Board to overrule a zoning decision by Mississauga council.
  • But we have only ourselves to blame for falling under the spell of the privatization mantra years ago.
  • The real electricity scandal was our own wooly thinking — a highly charged blend of NIMBY myopia and privatization mania.
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    Martin Cohn views gas plant fP3 iasco as illustrative of privatization gone bad
Heather Farrow

The murky waters of Quebec extra-billing - Infomart - 0 views

  • The Globe and Mail Tue Sep 20 2016
  • The government of Quebec is taking the eminently sensible - and legally mandated - step of abolishing extra-billing for publicly insured medical services. Good news! But there's a problem: the changes won't take effect until early next year, and nobody really knows how much in extraneous fees is being charged in the province. How is that possible? Overbilling has been a hot-button issue for the better part of four decades. Depending on whom you talk to, Quebec's doctors are charging patients $50-million to $90-million a year in added fees.
  • Earlier this year, the provincial auditor-general said the Quebec government's own estimates ($83-million) don't seem to be based in verifiable fact. One Montreal-based lawyer is suing the province over extra fees. He says Quebec is Canada's worst offender; he may be right, but who really knows? The Canada Health Act forbids extra-billing, but successive federal governments have mostly treated it with impunity. At least Dr. Gaetan Barrette opted to ban fees outright rather than apply his initial prescription - to pay practitioners an equivalent additional amount out of provincial coffers. Two years ago, he leaped into politics, and has brought about a series of deep reforms. (His many critics think he's a bully and a demagogue.) Probably his hand has been forced by ongoing litigation and federal Health Minister Jane Philpott.
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  • Reportedly, Dr. Philpott wrote to her counterpart earlier this month, intimating Ottawa would start withholding transfer payments if extra-billing is not addressed. Now Dr. Barrette is making the typical spluttering noises about Ottawa invading provincial jurisdiction and claiming credit. In recent years, the provinces have tended to treat the federal Health Department as a cash machine; the extra-billing skirmish may end up being part of a broader negotiation over a likely reduction in federal transfers.
  • Let's hope Quebec's decision, and Dr. Philpott's role in it, signal a new era of robust federal defence of publicly funded medicare. With the British Columbia Supreme Court hearing arguments this week in a case that challenges some key pillars of the Canada Health Act, such robustness is needed.
Heather Farrow

Day attempting again to lead Doctors of B.C.; Activist for private surgery clinics to f... - 0 views

  • Vancouver Sun Thu Apr 28 2016
  • Déjà vu it is as private surgery centre owner Dr. Brian Day is right back where he was a year ago, once again vying to be president of Doctors of B.C. Day won the election to become the 2016-17 president, but only by one vote. A recount requested by the runner-up, Dr. Alan Ruddiman, went in Ruddiman's favour and he will take the helm of the doctors' lobby group for one year starting in June.
  • Day is running to become the president-elect for the 2017-18 term. He's running against one other candidate, Dr. Trina Larsen Soles, a family doctor in the Kootenay town of Golden. She's vicechair of the Doctors of B.C. board of directors while Day has formerly been president of the Canadian Medical Association. Like Day, Larsen Soles has also run once before for the Doctors of B.C. presidency. She lost to current president Dr. Charles Webb.
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  • Online balloting has opened and will continue until May 15. While Day and Larsen Soles are both repeat contenders, they are distinctly different candidates who will appeal to different segments of the association's 12,000 members.
  • As an orthopedic surgeon, Day should draw more votes from specialists who have long felt the organization is too loaded with primary care doctors. Indeed, the current board of five doesn't include a single specialist and such doctors have long felt that has disadvantaged them when it comes to negotiations over fees with government. Family doctors have made impressive gains in the past two contracts while specialists, such as fee-for-service anesthesiologists, have complained bitterly about their fees and work terms. If Larsen Soles wins, she would become the fourth consecutive family doctor to be president and the second consecutive rural doctor; Ruddiman, the presidentelect, is from Oliver. She said in an interview she expects doctors will naturally want to mull those questions over.
  • "The thing is, people who choose rural medicine are those who are attracted to challenges and change and that's who doctors would be getting if they elect me. "Day, a private medicine pioneer, is hardly a stranger to challenge and change himself. Evidence of that is his seven-year-old lawsuit against the provincial government over whether private surgery clinics can bill patients for publicly insured services normally done in hospitals, usually after waiting long periods. Day said the litigation should not be a factor in the campaign, as it was last year. The oft-deferred sixmonth trial was supposed to begin in June but it has now been delayed to the fall. Day said provincial government lawyers recently asked for another deferral because they need yet more time to prepare. Providing the trial does start in September and lasts six months, as expected, if Day won the presidency, he'd be assuming the helm about four months after the trial ends. But regardless of which side in the trial wins, appeals all the way to the Supreme Court of Canada are expected in the landmark case that could reshape the health care system.
  • Day said only about 60,000 B.C. residents pay out of their own pockets to use 60 or so private surgery clinics. "I'm not saying we should privatize the health care system," he said, but he believes in a hybrid system in which private centres are used far more, as Saskatchewan is doing with its large scale contracting out of cases in which patients are waiting too long for care in hospitals. "Saskatchewan, the birthplace of socialized medicine, has taken a more pragmatic, less ideological approach, and it seems to be working. They are empowering patients to get their treatment in other places (like private surgery and radiology centres)." Larsen Soles said she's interested in the innovations in Saskatchewan but worries that a burgeoning private sector will draw health professionals away from the public sector. Sun health issues reporter pfayerman@postmedia.com twitter: @MedicineMatters
Irene Jansen

How Doctors Die « Zócalo Public Square - 0 views

  • It’s not a frequent topic of discussion, but doctors die, too. And they don’t die like the rest of us. What’s unusual about them is not how much treatment they get compared to most Americans, but how little.
  • Of course, doctors don’t want to die; they want to live. But they know enough about modern medicine to know its limits. And they know enough about death to know what all people fear most: dying in pain, and dying alone.
  • It’s easy to find fault with both doctors and patients in such stories, but in many ways all the parties are simply victims of a larger system that encourages excessive treatment. In some unfortunate cases, doctors use the fee-for-service model to do everything they can, no matter how pointless, to make money. More commonly, though, doctors are fearful of litigation and do whatever they’re asked, with little feedback, to avoid getting in trouble.
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  • Almost anyone can find a way to die in peace at home, and pain can be managed better than ever.
  • a life of quality, not just quantity
Govind Rao

Calgary man sues chain over daughter's death | Metro - 0 views

  • December 18, 2013
  • CALGARY – A Calgary man has filed a civil lawsuit against Shoppers Drug Mart Inc., claiming his teenage daughter was not adequately warned about the risks of taking a prescribed acne medication. The statement of claim filed by Bruce McKenzie says his 18-year-old daughter, Marit, died after taking a drug called Diane-35. The statement says she suffered four cardiac arrests, a pulmonary embolism and a brain hemorrhage.
Govind Rao

User fees threatened for patients across Canada if court challenge negotiations fail to... - 0 views

  • Canada Newswire Mon Sep 29 2014
  • TORONTO, Sept. 29, 2014 /CNW/ - As Ontario's new Health Minister Dr. Eric Hoskins sits down with provincial and territorial Health Ministers for their fall meeting this week, experts and patient advocates hope that he'll carry a strong message. Across Canada advocates are calling on the B.C. Health Minister to hang tough on the Medicare court challenge which threatens open season on patient user fees for surgeries, diagnostics and other procedures. The case was scheduled to begin on September 8, but lawyers for both Brian Day, owner of one of the largest private clinics in Canada, and the B.C. government asked the court for a delay in order to negotiate a settlement. Negotiations are now happening behind closed doors and the court date is delayed until March 2015.
  • Following a provincial audit in 2012 which revealed that Day was charging hundreds of thousands of dollars in unlawful user fees to patients, Day filed a Charter Challenge to nullify the laws that he was violating. His case aims to bring down the laws that protect single-tier Medicare and forbid clinics like his from extra-billing patients and charging user fees for care that currently must be provided without charge under the public health care system. The litigation has far-reaching implications for the entire country. Day's clinics were first exposed by patients who complained they were unlawfully billed for medical procedures. The B.C. government responded by trying to audit the clinics. Day refused to let in auditors until forced by a court order, and even then the clinics did not fully comply with auditors. Auditors had access to only a portion of the clinics' billings and only one month's worth of data. Nevertheless, what they found was astonishing. In a period of about 30 days, patients were subject to almost half a million dollars in user charges. The five patients who brought the initial legal petition have had their trial delayed while Day's Charter Challenge to the laws upholding single-tier Medicare is heard. They are still waiting for redress.
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  • "In order to protect patients, the B.C. government must hold private clinic owners and operators accountable when they break the laws prohibiting extra-billing and user fees," said lawyer Steven Shrybman, a partner at Sack Goldblatt Mitchell who is acting for the B.C. Health Coalition and Canadian Doctors for Medicare, intervenors in the court challenge. Shrybman is well-known for his successful Supreme Court challenge against Ontario's attempted sale of Hydro One and the recent election fraud cases in Federal Court. "Though the challenge was launched in British Columbia, it has the potential to bring two-tier care to Canadians across the country," he warned. "Advocates of public health care from Ontario and across the country are calling on the B.C. government to take a tough stand in these negotiations. These are the laws that uphold Medicare and defend patients," said Dr. Ryan Meili, Vice-Chair of Canadian Doctors for Medicare. "A simple slap on the wrist encourages more violations in provinces from coast to coast."
  • The problem is already creeping into Ontario, according to Natalie Mehra, executive director of the Ontario Health Coalition, where the government is proposing to expand private clinics. "Patients are being confused by private clinic operators who are manipulating them into paying thousands of dollars for health care services that they have already paid for in their taxes," she warned. "The public should know that you cannot be charged by a doctor or private clinic operator for surgery, diagnostic tests or any other medically necessary hospital or physician service. Extra user fees charged to sick and elderly patients are unlawful and immoral and governments should be delivering that message." Advocates warned that this court case should also raise alarm bells in Ontario's government about the dangers of private clinics. At risk is our public health system in which access to health care is based on need, not wealth. SOURCE Ontario Health Coalition
Govind Rao

Electricians race to fix MUHC 'deficiencies'; Operating rooms must be able to function ... - 0 views

  • Montreal Gazette Tue Apr 21 2015
  • With less than a week before the grand opening of the MUHC superhospital, electricians are working round-the-clock to re-wire parts of the intensive-care unit to make sure that all the medical equipment can be turned on without short-circuiting. During "stress tests" that were conducted in the new ICU, staff discovered the electrical problems when "powering on" the equipment."The re-wiring in the ICU is almost complete," Ian Popple, a spokesperson for the McGill University Health Centre, told the Montreal Gazette on Monday. "It's fair to say that everyone is working round-the-clock to make sure that the hospital is ready to receive patients safely on April 26," Popple said.
  • The MUHC had identified a total of 3,000 "deficiencies" at the $1.3-billion superhospital. Many of the deficiencies were considered relatively minor and have been fixed. Those included replacing some locks on doors and adjusting the height of certain counters. But other flaws have been far more serious and considered "not in conformity" - meaning that they were likely the fault of the design-build contractor, SNC-Lavalin. Chief among the deficiencies were the installation of the wrong wiring in the operating rooms (the wiring was of the incorrect amperage) as well as problems with the OR ventilation system. Given that the ORs must be able to function as of 5 a.m. on Sunday, April 26, the MUHC devoted considerable resources to ensure they would be ready on that date. The OR wiring was fixed on April 11, and the ventilation was adjusted soon afterward for the "correct balance," Popple said.
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  • Smoke tests that were performed to show the direction of air flow confirmed that the ventilation adjustments worked. Sterilization crews cleaned the ORs during the weekend. One of the major concerns was the call bell system on patient floors in both the adult and pediatric wards. During "early activation," nurses discovered to their shock that the alarms didn't sound loudly enough during a medical emergency. That problem has since been fixed. A nurse confirmed to the Montreal Gazette that the call bells are now "very loud" and that the fix is a "big improvement."
  • Popple was unable to specify the number of deficiencies corrected to date other than to say "it changes by the hour." The MUHC was supposed to start the early activation on Sept. 30, but didn't receive the keys from SNC Lavalin for another five weeks. That delay, in turn, left the MUHC with considerably less time to calibrate equipment and to pinpoint potential problems with the facilities. During the five-week delay, the MUHC and SNC-Lavalin wrangled over $172 million in cost overruns. The superhospital in Notre-Damede-Grâce was built as a public-private partnership precisely to avoid cost overruns. Under the terms of the agreement, SNC-Lavalin was bound to respect all the technical specifications during construction, including the wiring. SNC-Lavalin officials were unavailable for comment. The superhospital contract contains a "dispute-resolution mechanism" - a process that will take place in the coming months to avoid civil litigation.
Govind Rao

Wait-list limbo - Infomart - 0 views

  • National Post Tue Mar 3 2015
  • It offends some Canadians that there is a lawsuit afoot in British Columbia seeking to establish patients' rights to seek health-care outside the provincial government system. These critics say that the constitutional challenge - which is being waged by a private surgery clinic and four individuals who suffered real harm while sitting on health-care waiting lists - is an attack on universal care. The case "could set a dangerous precedent for the rest of the country, and move Canada toward a U.S.-style two-tier health-care system," claims a website set up by Canadian Doctors for Medicare and the B.C. Health Coalition.
  • As the executive director of the Canadian Constitution Foundation, which is supporting the plaintiffs' challenge, I endorse the ideal of ensuring that quality health care is readily available to every Canadian. But the belief that a two-tier system undermines that ideal is wrong. It's as wrong as the assumption that "two-tier" equals "U.S.-style" (most of the rest of the world operates with mixed public and private health-care systems). And it's as wrong as pretending that we have a "onetier" system as it is. A couple of recent happenings, both as frustrating as they are telling, serve to underline the point rather nicely. On Monday, CBC News British Columbia published a story called "Patients' 'lives ruined' as hip surgery waits grow." The piece focuses on two B.C. osteoarthritis sufferers who are experiencing intolerable pain while they wait for the hip operations they need.
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  • One of them, 55-year-old Julie Bennett, explains to CBC that she's relying on narcotic pain killers to get her through while she awaits her surgery. She is told it won't happen until 2016, even though she was referred for the procedure in 2013, and she worries she will end up in a wheelchair before then. The other patient, 85-year-old Chiara Borello, spent two weeks in hospital while doctors experimented with medication to try to control her pain, according to her daughter Renata Borello. "If I drop dead, that's fine," the elder Borello tells CBC. "But I won't take any more of that poison [the debilitating painkillers]. That's too much poison."
  • Borello hasn't even had her first appointment with an orthopedic surgeon yet. That's not scheduled until next month. These women are hardly alone. There are more than 3,000 patients currently waiting for hip surgery in British Columbia. Wait times vary wildly depending on where a patient happens to live, which hospital he's referred to, and simply his luck. Having connections in and knowledge of the medical community makes a big difference, too. And despite the common refrain that allowing patients the option to seek private care in B.C. would exhaust the province's supply of doctors, the province itself has admitted that it has surfeit of orthopedic surgeons.
  • Rather, what we're seeing is that government is simply incapable of delivering timely health care through its centrally planned monopoly. It insists, though, on legally confining Julie Bennett and Chiara Borello to wait-lists by banning them from purchasing private health insurance that could cover the cost of their needed surgery, or allowing that aforementioned oversupply of orthopedic surgeons to spend some of their time in the private system, working through some of those 3,000 cases that are causing such a bottleneck. We're supposed to just keep hanging in there and waiting until the government can get its act together.
  • Interestingly enough, that's exactly the message being sent by the second recent happening I referenced at the start of the column. The trial in the constitutional challenge to B.C.'s health care monopoly was supposed to begin this week, on March 2. It has now been delayed because six days before trial, the government lawyers informed the plaintiffs that the B.C. Ministry of Health had suddenly discovered "thousands of documents" that could be relevant to the case and must be turned over for review. Why these thousands of documents did not turn up at any point in the previous six years of litigation is unclear. It's tempting to read impure motives into the last-minute disclosure - an attempt to exhaust the funds and patience of the plaintiffs who can't rely on unlimited taxpayer-funded coffers and staff, perhaps. But it's every bit as possible that this is simply more evidence of the government's general inability to handle something as challenging as the healthcare file, which requires the nimbleness and efficiency that a bureaucracy is inherently illequipped to provide.
  • Either way, the plaintiffs will be back in court in six to eight weeks, ready to fight for their rights to make their own health-care decisions.
  • Marni Soupcoff is executive director of the Canadian Constitution Foundation (theccf.ca).
Govind Rao

Patients win right to sue for privacy loss; Appeal Court opens door to multimillion-dol... - 0 views

  • Toronto Star Thu Feb 19 2015
  • In a potentially precedent-setting decision, the Ontario Court of Appeal granted patients the right to sue hospitals over privacy breaches Wednesday. The unanimous ruling said provincial health privacy laws are not a roadblock to patients who want to seek justice in the courts when hospital workers snoop into their medical records. The decision comes on the heel of a Star investigation into health-related privacy violations and oversights in Ontario's health privacy legislation.
  • "This case is a vindication for all of those victims the Star has been writing about," said Michael Crystal, lawyer for the patients. Wednesday's ruling could have sweeping implications for the province's 155 hospitals as it has given the green light to a multimillion-dollar privacy class action launched against Peterborough Regional Health Centre. The Peterborough hospital would not answer questions from the Star about whether it intends to appeal the ruling to the Supreme Court of Canada, where it would have its last chance to get the case tossed out. A massive privacy breach at the hospital between 2011 and 2012 saw hundreds of patient medical records snooped into and seven staff members fired. The breach included a domestic violence victim who was in hiding and 414 abortion files that were inappropriately accessed by a high- profile anti-abortion campaigner. A group of affected patients launched a $5.6-million privacy class action against the hospital, which in turn fought to have the case thrown out in the Ontario Superior Court of Justice, arguing the courts had no jurisdiction over health-related privacy breaches.
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  • The crux of the hospital's argument was that health privacy violations were the sole domain of the privacy commissioner and that the Personal Health Information Protection Act (PHIPA) ousts the jurisdiction of the courts. The Superior Court ruled against the hospital, so it took the fight up to the Court of Appeal, which dismissed the case Wednesday. In its decision, the court said health privacy legislation does not exclude the jurisdiction of the courts. Health privacy laws were tailored to handle "systemic issues rather than individual complaints," the court said. Peterborough Regional Health Centre declined to comment on the decision, saying "this matter remains in litigation before the courts." In a written statement to the Star Wednesday, a Peterborough hospital spokesperson said the centre had a "zero tolerance policy with respect to inappropriate access to medical records."
  • The hospital has 60 days to appeal the decision to the Supreme Court of Canada. Acting Information and Privacy Commissioner Brian Beamish told the Star he was "very pleased" with the ruling. All patients who are victims of privacy violations should have the option of filing a complaint to the privacy office or taking civil action, Beamish said. Under PHIPA, the privacy commissioner's office acts as a watchdog over health institutions, ensuring they are protecting patient information and abiding by privacy laws.
  • There is no evidence linking Wensvoort's ex-husband to the inappropriate access of her record, according to Crystal, her lawyer. The court awarded Wensvoort $24,000 for the legal fees associated with the appeal. Crystal, who is the lawyer for all the Peterborough patients, said the court's ruling grants patients "access to justice. "The highest court in Ontario has spoken and said invasion of personal health information is not something that is simply the domain of the privacy commissioner," he said. "Patients do not have to go through the administrative nooks and crannies of PHIPA legislation to achieve access to justice." If the latest decision is not appealed by the hospital, Crystal said the next step would be setting dates for a motion of certification for the Peterborough case.
  • Privacy commissioners from other parts of Canada told the Star earlier this year that they have noted a rising trend of health-care professionals snooping into private medical records with malicious intent.
Govind Rao

Did bureaucratic laziness lead to health-trial delay? - Infomart - 0 views

  • The Province Tue Apr 14 2015
  • B.C. residents frustrated by waiting lists for medical services will be disappointed to learn of a bureaucratic delay in a court case that could help unstop the backlog. The case - which involves Dr. Brian Day, the Cambie Surgery Centre and four patients who suffered adverse effects when their health care was delayed - has been moseying its way through the court system for more than five years. It was scheduled to go to trial in September 2014, but was then postponed until March 2. Then, just two weeks before trial, the government's lawyers disclosed that the Ministry of Health had "recently identified a very large number of documents that may potentially be relevant" to the case.
  • Relevant documents are supposed to be disclosed at the very beginning of a lawsuit, not two weeks before trial. So the trial has had to be postponed until at least November while both sides' lawyers examine as many as 300,000 pages of additional documents. Poring over this mess will not be fun. This is especially bad news for the plaintiffs. One is a cancer patient who might not survive until she gets her day in court. Cynics might conclude the government arranged this stunt in the hopes of exhausting the plaintiffs' funds available to pay legal fees. But the more likely explanation is that this is simply bureaucracy in action - or, rather, bureaucracy in its characteristic inaction.
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  • I've experienced first-hand how easy it is to become indolent under the wrong conditions. One summer, as a teen, I worked part-time as a bank teller for a small trust company where walk-in customers were sparse. I and my two workmates often ended up sitting around chatting as we waited for the brief busy spell around noon. I soon observed that on the rare occasions when a customer came in mid-morning or mid-afternoon, none of us leaped to our feet to serve him. We had become so slothful that we actually resented having to get up and do something. I suspect there is a similar phenomenon in government offices. So little demand is placed on the employees that when some task finally does come in needing attention, it's an annoyance that they feel they can safely ignore for a while.
  • They still get paid and life just rolls on at its usual, leisurely pace. Could it be that the B.C. government's lawyer told the Ministry of Health years ago to produce all relevant documents but someone laid the memo aside? While the trust company I worked for went out of business, no such feedback mechanism exists for government. It carries on taking our tax dollars and paying idle bureaucrats because there's no profit-andloss statement, no way of measuring "customer" satisfaction and no genuine way of measuring employee productivity.
  • There are long wait lists for medical treatment for humans, but not for veterinary treatment for your dog or repairs to your car. The former is run by the government, where all economic signals motivating the efficient processing of customers have been eliminated. Private businesses have to satisfy customers to survive. There's no perpetual stream of unearned funds flowing into their hands. They have to produce something that people actually want and they have to do it in a timely fashion.
  • And that's what this entire lawsuit is about. Do Canadians deserve medical service as promptly as their pets and their vehicles get? Or should they be left in pain on wait lists because of the inertia and lassitude engendered by the absence of any profit motive? Meanwhile, although the delay is costing the plaintiffs money in legal fees, it's also giving them a further fundraising opportunity. Readers who would like to donate toward this legal challenge can do so at yourhealthcantwait.ca. Karen Selick is the litigation director for the Canadian Constitution Foundation, which is providing support to the plaintiffs in this lawsuit.
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