On feigning powerlessness

It's a plus to see Ontario taking somewhat of a stand with regard to the incoming Copeman clinics. But beneath the headline there's at best bad reporting, and at worst unquestioned acceptance of inaccurate spin about what can be done:

Abbott has given the firm until the end of February to comply with both federal and provincial health laws or face action by the province.

The Ontario government can't do anything until the clinics open, but Premier Dalton McGuinty promised there would be consequences if the company breaks the law.

Of course, the problem is that it's far from clear that the government is powerless to act when Copeman is actively soliciting customers. Or at least, that's what Sack Goldblatt Mitchell's legal opinion said earlier this week:

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.

I could understand if the reporting on today's statement had mentioned the legal opinion as only one potential interpretation of the law. But surely there's no good reason to claim that the province "can't do anything" without any qualification. And if the distortion is one that McGuinty's government has done anything to encourage, then there's all the more reason to doubt its sincerity in addressing the spread of for-profit clinics...no matter how much tough talk it directs Copeman's way.