Oct. 17, 2021

To doctors who refuse care to their patients

I wish to inform and provide notice that doctors who refuse to provide heath care to me are in violation of several important documents. 

A. The Canada Heath Act:

3 –  It is hereby declared that the primary objective of Canadian health care policy is to protect, promote and restore the physical and mental well-being of residents of Canada and to facilitate reasonable access to health services without financial or other barriers.

1984, c. 6, s. 3

10 In order to satisfy the criterion respecting universality, the health care insurance plan of a province must entitle one hundred per cent of the insured persons of the province to the insured health services provided for by the plan on uniform terms and conditions.

1984, c. 6, s. 10

B. The Hippocratic Oath – 400 BC – “I will follow the system of regimen which, according to my ability and judgment, I consider to the benefit of my patients, and abstain from whatever is deleterious and mischievous. I will give no deadly medicine to anyone if asked, nor suggest any such counsel... “

C. Code of Ethics Of The Canadian Medical Association – approved by The Board Of Directors in 1996.

Section 7. In providing medical service, do not discriminate against any patient on such grounds as age, gender, marital status, medical condition, national or ethnic origin, physical or mental disability, political affiliation, race, religion, sexual orientation, or socioeconomic status. This does not abrogate the physician's right to refuse to accept a patient for legitimate reasons.

D. The Charter of Rights and Freedoms :

7 – Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Each one of these provisions above is being violated by your refusal as a doctor in Canada’s Public Heath System to provide care. 

The Canada Heath Act is in operation in BC since the Province receives under this act billions of dollars annually. This year the Province is receiving $5.8 Billion according to the Federal Governments Federal Transfer Program. Here is the link : https://www.canada.ca/en/department-finance/programs/federal-transfers/major-federal-transfers.html.

I cannot find anywhere that BC has opted out of this national program and since it is still receiving money under the program it is very much a part of it. 

The Hippocratic Oath is one that all physicians abide by in the western world and often is summarized as ‘do no harm.’

The Canadian Medical Association Board of Directors in 1996 approved a Code Of Ethics. BC physicians come under this Association. 

The Charter of Right and Freedoms was passed as part of the Constitution Act 0f 1982 and applies to all Canadians. 

By refusing me heath care you are therefore 

Violating the Canada Heath Act —by not providing reasonable access and not ‘ protecting, promoting and restoring, the physical and mental well-being of residents of Canada.’

Violating the Hippocratic Oath of doing no harm

Violating the ethics of the the Canadian Medical Association 

Violating at least two provisions of the Charter of Rights and Freedoms of the Constitution Act of 1982.

Brian Peckford is the former Premier of Newfoundland and Labrador, living in retirement on Vancouver Island.