On keeping one's commitments

The legal opinion related to the legality of Copeman Healthcare's planned Ontario clinics is interesting enough in pointing out the myriad of laws that would be violated by a fully-functioning clinic. But for those who would wonder whether there's anything that can be done before the clinic goes into operation, the opinion suggests that even Copeman's marketing campaign may violate Ontario law:

(U)nder section 17(1)(c) (of the ) Commitment to the Future of Medicare Act it is an offence for the clinic and its prospective patient to offer to make or receive the payments proscribed by this section.

Failure to comply with these provisions...is an offence under s. 19 of the Act and is punishable by a fine that ranges from $1,000 to $25,000...

In our view, the Company's promotional materials represent an offer proscribed by s. 17(1)(c), namely to sell preferential access to insured health services, and therefore constitute an offence for which it is liable to a fine of $25,000. In this regard, the Minister (of Health) need not wait until the Copeman clinics are in operation in order to proceed. Moreover, as soon as the company accepts payments from any "client" both the client and the company would, in our view, likely be committing an offence under s. 17(1)(1) and (b) of the Act respectively.

The good news in the opinion is that it confirms that there's no need to play "wait and see" as the province of Ontario now seems inclined to do. The Commitment to the Future of Medicare Act has given Ontario's government the means to defend single-payer health care before privately-funded clinics become an inevitability.

Of course, there is a downside, as the current plan to do nothing becomes all the more negligent if it's occurring in the face of readily-available remedies against what's already happening. If provincial authorities don't bother to enforce the provisions which are already being flouted by Copeman, there's little reason to have any confidence that action will be taken once the clinics are in operation.

Obviously McGuinty knows that single-payer health care is important enough that he wants to be seen defending it. The question now is whether the public can force the province to make use of the tools at its disposal.