A healthcare advocacy group has lost a Charter challenge of legislation that allows hospitals to send Alternate Level of Care patients to a long-term care home.

The Ontario Health Coalition argued Bill 7 unfairly targeted seniors.

However, an Ontario court judge dismissed the case, ruling the harms to ALC patients caused by legislation was modest, and the $400 per day fee to remain in a hospital bed was not coercive.

“At most, they require an ALC patient who wishes to remain in hospital pending an available space in their preferred long-term care home to contribute approximately one-third of the cost of that hospital be,” ruled Justice Robert Centa.

“The benefits of Bill 7 significantly outweigh any of the supposed limitations on rights that it imposes.”

The Coalition’s Executive Director, Natalie Mehra, is shocked and disappointed by the decision.

“We did not expect this result, and it impacts really literally more than 100,000 people now and in coming years, untold hundreds of thousands of Ontarians,” says Mehra.

However, Mehra says they will not appeal the decision because of the associated costs.

“We can’t afford to appeal. That’s just the bottom line. It’s hundreds of thousands of dollars to do these cases, and the only money available is what we can raise from the public, from concerned people,” says Mehra.

Mehra apologizes for being unable to continue a court fight but says the organization will continue to fight for policy change in the legislature.

The Ontario Health Coalition also lost a separate court case seeking a halt to the operating licence of the Orchard Villa long-term care home in Pickering.

The home saw more than 70 residents die of COVID, with more than 200 of 233 contracting the virus during the pandemic.

A report from the Canadian Military called in to help staff identified unsanitary conditions and sub-standard quality of care practices.

The court ruled coalition failed to prove unfairness in the government’s decision to award.

Click here for the original article