Canadians: Tell Ontario legislature to stop power-grab by chief electoral officer
(LifeSiteNews) – One of Canada’s top legal groups says it will soon be fighting in court against a recent government dictate in Nova Scotia that when fully implemented will allow the government to force doctors to disclose medical records without a person’s consent.
The Justice Centre for Constitutional Freedom (JCCF) announced November 29 that a Notice of Application was filed in the Supreme Court of Nova Scotia “challenging the Nova Scotia government’s recent amendments to its provincial medical privacy legislation (known as the Personal Health Information Act, or “PHIA”).”
The JCCF said its court application is being filed by lawyers acting on behalf of applicants Dr. Chris Milburn, Dr. Aris Lavranos, Shelly Hipson, Valerie Henneberry, Susan Kaiser, and the Nova Scotia Civil Liberties Association.
“The applicants represent a cross-section of stakeholders uniting around the issue of medical privacy,” the JCCF said.
The JCCF stated that the Nova Scotia provincial government’s recent amendments, which were passed as part of its budget legislation, “now give the provincial government the power to force doctors and other health care providers to disclose private medical records to government officials without their patients’ consent, for three broad, stated purposes.”
James Manson, lead counsel for the JCCF, observed that the amended legislation seriously compromises “the rights of Nova Scotians’ freedom.”
“No one in Nova Scotia should lose control over who gets to see their private medical information,” he said, adding, “That information should stay between them and their health care team.”
According to the JCCF, two of the three Nova Scotia governments’ “broad purposes” — planning and management of the health care system as well as resource allocation — at this time “do not require actual patient medical records with identifying information to be disclosed to the government.”
“In both cases, statistical or anonymous information would be enough. Yet, for reasons unknown, the government is insisting on getting its hands on actual patient records complete with names, birthdates, etc.,” the JCCF said.
Lawyer: Respect for ‘individual privacy is an essential component of what it means to be free’
The third broad purpose, “creating or maintaining electronic health record programs and services,” the JCCF noted, “was included because the Nova Scotia government is planning on creating an ‘app’ for Nova Scotians that will allow them to see their own personal health information (i.e. patient records, test results, etc.) more conveniently.”
Nova Scotia is governed by the Progressive Conservative Party under Premier Tim Houston, who recently won re-election with a majority.
The JCCF pointed out that while this third broad purpose “may sound good, there is no reason why the proposed ‘app’ cannot be based on informed consent and personal choice.”
“Nova Scotians should have the ability to opt out of a program that requires the government to gain access to their private medical information. Not all Nova Scotians will feel comfortable disclosing their private medical information to the government,” the JCCF said.
The JCCF observed that new amendments “will force disclosure of medical records to the government without requiring patient consent.”
“Under the amended regime, Nova Scotians are currently unable to stop the government from forcing their doctors to disclose their private information,” the JCCF said.
Specifically, the JCCF’s court application states that the Nova Scotia government’s amendments violate Sections 7 and 8 of the Canadian Charter of Rights and Freedoms “and must be struck down.”
Section 7 allows protections for the “right to life, liberty and security of the person,” and Section 8 protects “the right to be secure against unreasonable search or seizure.”
Manson mentioned that “The Supreme Court of Canada says that respect for individual privacy is an essential component of what it means to be free.”
“The Court also says that Canadians have the right to personal autonomy, where individuals can make private choices free from state interference,” he said.
The JCCF said its application will take a few months to process after it is fully accepted before a hearing is held.
During COVID, Canadians’ medical privacy was in many ways violated after every provincial government enacted some form of jab passports. Also, many people lost their jobs for refusing to get the vaccine. Since then, many people who were persecuted have fought back in the form of class-action lawsuits.
Canadians: Tell Ontario legislature to stop power-grab by chief electoral officer