A new legal battle over the constitutionality of an Ontario law, known as Bill 7 or the More Bed Better Care Act, is set to begin Monday. The law allows hospitals to transfer discharged patients to long-term care facilities without their consent or face a $400-per-day charge for refusal.
The Advocacy Centre for the Elderly and the Ontario Health Coalition are challenging the law, arguing that it infringes on the Charter of Rights and Freedoms. They claim the law deprives elderly patients of their right to choose where they receive care and violates their privacy by sharing health information without consent.
Introduced swiftly by Premier Doug Ford’s government in September 2022, Bill 7 aimed to alleviate the pressure on hospitals by moving patients deemed to require an “alternate level of care” (ALC) to nursing homes. Under the law, patients can be transferred up to 70 kilometers in southern Ontario and up to 150 kilometers in northern Ontario from their preferred location.
Debate on Effectiveness
Both sides in the case differ on whether the law has effectively improved patient flow. While government documents argue it has eased bed shortages, opposition groups point to data showing the number of ALC patients has increased by 30% since the law’s enactment. There were 2,300 patients waiting for long-term care beds as of January 2024, according to court documents.
Opponents of the law argue that the shortage of long-term care beds is the real issue, rather than the patients themselves. They describe the situation as a “bottleneck” caused by long wait lists, particularly for facilities offering high-quality care. The advocacy groups claim the law is arbitrary and ineffective, calling for it to be struck down.
Government Defends Bill 7
The province defends the law, citing population growth as a key reason for the increase in ALC patients. Several hospital administrators support the legislation, saying it has sped up patient transfers and eased hospital congestion. Trillium Health Partners, which operates in Mississauga, reported that the law helped move 240 patients in just three months.
Government lawyers also argue that the law does not infringe on Charter rights, emphasizing that patients are not forced into specific nursing homes. Instead, they must bear the financial consequences of staying in hospital beds after discharge. They maintain that the $400-per-day charge serves as a deterrent rather than coercion.
Personal Stories Fuel Controversy
The case has drawn significant public attention, particularly from families affected by the law. Michele Campeau, whose 83-year-old mother Ruth Poupard was threatened with a forced transfer to a nursing home in Windsor, refused to comply after discovering poor conditions at the facility. Despite being charged $400 per day, Campeau fought back and eventually secured a spot in a preferred home for her mother, avoiding the $26,000 bill.
Campeau’s story highlights the emotional and financial toll of the law on families, and she encourages others to stand up against it, despite the challenges.
The court will now decide whether Bill 7 aligns with the Charter and whether it has succeeded in addressing Ontario’s hospital bed shortages.