The New Brunswick Court of Appeal has dismissed an appeal by 4 physicians and the professional association that represents residents throughout the Maritimes. They had claimed that provincial legislation denying billing numbers to doctors in certain communities was unconstitutional, but the court ruled that the legislation does not violate the Canadian Charter of Rights and Freedoms.
“It was a disappointment,” says Sandi Carew Flemming, executive director of the Professional Association of Residents in the Maritime Provinces (PARI-MP) . “However, we still feel strongly about the case and are considering an appeal to the Supreme Court of Canada.”
Money and opportunity will determine whether that step is taken. The PARI-MP has already spent more than $400 000 in legal fees and related costs, and a trip to the Supreme Court of Canada would cost another $100 000. Although residents' associations and medical societies across the country have donated money, PARI-MP has paid the lion's share.
Manpower changes are also an issue. New Brunswick now has a shortfall of about 50 physicians. However, even though the market for physicians is now strong and the law itself has little impact, Carew Flemming says PARI-MP remains concerned about the potential impact in the years to come.
The legal wrangling began 9 years ago when 4 physicians and PARI-MP sought to have the province's new physician resource management plan struck down. They argued that the plan violated their charter rights, particularly by restricting doctors' mobility. In his 83-page decision, Appeal Court Justice Joseph Robertson said that “the law is clear that the mobility right does not create an entitlement to work.”
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Donalee Moulton
Halifax