Dear friends and colleagues,
Today wraps up another week of 2020, the summer of social bubbling, and “interesting times.” We have a few things worth noting before we all go off to our weekend (sorry folks covering call and patient care!).
It is quite understandable given our current economic state, and the devolving of relationships in Alberta, that I have received numerous questions of late surrounding our Charter Challenge.
The Charter Challenge includes a declaration that the government acted unconstitutionally between 2014 and 2017, physicians have a constitutional right to a binding dispute resolution mechanism in the collective bargaining process, as well as financial redress for monies unilaterally clawed back by the government prior to 2017. I remind everyone that in January 2019, we went before a judge to ensure a reasonable timetable. The government proposed a hearing for October 2020. Our lawyers argued that this was unreasonable delay, and Justice Kimmel noted “it does seem unreasonable that it would take two years,” and ordered a hearing scheduled June 2020.
Due to the size and complexity of the affidavits, the need for the OMA to retain external experts and those experts’ schedules, the deadline for our responding materials has been extended. We initially expected that this would result in pushing the timeline for litigation back by 2-3 months to late 2020, which is unfortunate but necessary to ensure that the evidence and arguments we put forward are as a strong as possible. The pandemic has caused additional delays and until recently the Court stopped hearing cases during the provincial state of emergency. This has caused a backlog for hearings pushing available dates to 2021.
The AG has also brought forward a motion to move this case from the Ontario Superior Court of Justice to the Divisional Court. The Divisional Court primarily serves as the forum for the judicial review of administrative decision-makers in Ontario, not constitutional challenges like the OMA’s Charter Challenge and lacks the ability to award certain types of remedies, such as financial compensation.
If the Charter Challenge was heard before the Divisional Court, we would still need to deal with the compensation matter at the Superior Court of Justice, which would unnecessarily complicate the proceedings. Accordingly, we are opposing this motion. The scheduling of the motion is also affected by the delays caused by the pandemic.
Everyone should have received an email from omasurvey@ipsosopinions.com, seeking input for negotiations for the next PSA. Please ensure you have completed it to the best of your ability, including considering creative ways whereby physicians can benefit. Let’s use the power of our collective insight and intellect to find some wins. If you can’t find the IPSOS invitation, please check your Junk Mail folder or contact Grace.Tong@Ipsos.com.
OMA Spotlight on Health podcasts feature doctors across the province speaking about top of mind issues for patients and physicians alike, such as COVID-19, Mental Health, Cannabis, Vaping, and Vaccinations. The Spotlight On Health website has been updated making it easier to listen and subscribe. Take a moment and listen to our recent episode on the Importance of Masks.
This week was heavy on media. We showed real leadership, advocating based on best evidence for the well-being of our province, in our statement cautioning against the re-opening of indoor bars; I completed nearly 20 interviews on the topic. In many, I was able to remind listeners that FFS physicians are essential small businesses in our economy, and are suffering alongside the rest. Some links below.
While this week was quiet on our MPP outreach program, work continues. To date, we have completed 34 meetings and have 18 pending.
This week was, however, notable for a different type of outreach — one directed at stakeholders other than the government. I had the honour of presenting at our first-ever joint webinar with the Ontario Chamber of Commerce on the topic of “How COVID-19 Has Impacted Ontario’s Health Care System,” with CEO Allan O’Dette and Chief of Economics, Policy and Research Dr. Jim Wright. I encourage everyone to watch, and share on social media.
Stay safe out there. Together, we will get through this.
Dr. Samantha Hill
OMA President