Advocacy groups won’t appeal Ontario court’s dismissal of Charter challenge to long-term care law

Advocacy organizations ACE and OHC have decided not to appeal an Ontario court’s ruling that dismissed their Charter challenge against the province’s long-term care law. This law allows hospitals to transfer patients to homes they didn’t choose or face a daily charge of $400 to stay in the hospital. The case, which was heard in September at the Superior Court of Justice, aimed to overturn Bill 7, the More Beds, Better Care Act, passed in 2022, on the grounds that it violates the Charter of Rights and Freedoms.

The court, however, sided with the provincial government in January and dismissed the case. OHC executive director Natalie Mehra revealed in an interview with CBC News that they cannot afford the legal costs to appeal, with the majority of fees amounting to nearly $200,000. She expressed disappointment at the ruling, stating that patients are suffering due to the lack of choice in their long-term care placement.

Justice Robert Centa, in his published decision, deemed Bill 7 to have a “sufficiently important objective” and not to contravene the Charter. The law’s purpose is to reduce the number of alternate level of care (ALC) patients in hospitals to maximize resources for those in need of hospital-level care. This decision shocked ACE and OHC, particularly the notion that the $400 daily charge is not coercive.

Since the implementation of the law in 2022, individuals like Michele Campeau have been impacted, with her elderly mother facing a $26,000 charge under the legislation for refusing to move to a long-term care home. The law has faced criticism for denying elderly individuals the right to choose their living arrangements, especially in their final stages of life.

Despite not appealing, OHC remains committed to advocating for patients and fighting for the prioritization of elderly patients’ rights. They plan to push for improvements in home care, increased capacity in hospitals and LTC homes, and the construction of new, modern homes that cater to people’s preferences. Mehra emphasized the need for political change to address capacity issues in the healthcare system and ensure dignified treatment for individuals at the end of their lives.