Charter challenge of Ontario’s controversial long-term care law thrown out by court
An Ontario court has recently made a decision to dismiss a Charter challenge of a long-term care law that has caused controversy among advocates, seniors, and their caretakers. The law in question is Bill 7, also known as the More Beds, Better Care Act, which allows hospitals to move patients into long-term care homes without their consent, or charge them $400 a day if they choose to stay in the hospital while waiting for a preferred home to become available.
The case was brought forward by the Advocacy Centre for the Elderly (ACE) and the Ontario Health Coalition, who argued that Bill 7 violates the Charter of Rights and Freedoms. However, Justice Robert Centa of the Superior Court of Justice ruled that the law does not contravene the Charter. According to Centa, Bill 7 is necessary to free up hospital beds for patients who require acute care.
Natalie Mehra, the executive director of the Ontario Health Coalition, expressed disappointment with the court’s decision, stating that the law still violates people’s rights by pushing elderly and frail patients out of hospitals. She believes that patients are being pressured to make decisions they may not be ready for.
The controversial aspect of Bill 7 is that it allows hospital placement coordinators to choose a nursing home for patients without their consent if they have been deemed to need an alternate level of care. Patients can still choose their preferred long-term care homes, but if there is a waitlist, they may be charged $400 a day to stay in the hospital.
The province argues that the law is necessary to free up hospital resources and connect patients with the care they need in a timely manner. Other provinces have similar policies in place to manage hospital overcrowding and waitlists for long-term care.
During the Charter challenge hearing, expert witnesses, including hospital executives and doctors, testified about the risks patients face when staying in hospital beds meant for acute care. They highlighted the strain on hospital resources and the potential for cancellations of elective procedures due to lack of space.
One Tecumseh resident, Michele Campeau, shared her experience of being charged $26,000 under the legislation after refusing to move her mother out of a Windsor hospital into a long-term care home they did not want. Campeau believes that the law violates patients’ choice and hopes for a way to overturn it.
Despite the court’s decision, Mehra and the Ontario Health Coalition are considering appealing the ruling, as they still believe that Bill 7 violates Charter rights and pressures patients into making decisions they may not be ready for. There is a continued need for more hospital and long-term care beds to address the ongoing challenges faced by patients and their families.
