An Ontario court has dismissed a challenge to a law allowing hospitals to place patients in long-term care homes without their consent
Ontario: A court recently tossed out a challenge to a law that’s been stirring up quite a bit of controversy. This law lets hospitals move patients into long-term care homes they didn’t pick. If patients want to stay in the hospital while waiting for their preferred home, they could face a hefty charge of $400 a day.
The case was brought by the Advocacy Centre for the Elderly and the Ontario Health Coalition. They argued that this law, known as Bill 7, goes against the Charter of Rights and Freedoms. But the province insists it’s necessary to free up hospital beds.
Justice Robert Centa ruled that the law doesn’t violate the Charter. He mentioned that it doesn’t really take away a patient’s right to choose where they live. The daily charge isn’t seen as coercive either, according to him.
He pointed out that the main goal of Bill 7 is to reduce the number of patients in hospitals who need long-term care. This way, hospitals can focus on those who really need hospital care.
Passed by Premier Doug Ford’s government in September 2022, this law has upset many advocates, seniors, and their families. It allows hospital staff to place patients in nursing homes without their consent if they’ve been deemed in need of alternate care.
While patients can still choose their preferred homes, if there’s a waitlist, they might end up facing that $400 daily fee if they stay in the hospital. Plus, their health info can be shared with nursing homes without their say-so.
Patients could be sent to homes quite far from where they want to be, sometimes up to 70 kilometers away in southern Ontario and even further in the north. CBC is reaching out to the involved parties for comments and will keep us updated.
