Dr. Brian Day, owner of the Cambie Surgery Centre in Vancouver, claimed that prolonged wait times for medical procedures violated Charter rights, including the right to life, liberty and security of the person.


The Medicare Protection Act prohibits doctors from billing the government for work they do in the public system while also earning money from private clinics as well as billing patients or their insurance companies.

Day argued these sections are unconstitutional because they prevent patients from accessing private medical treatment when the public system sometimes can’t provide timely care, and argued patients have a constitutional right to pay for private care when wait times in the public system are too long.