SoVote

Decentralized Democracy

Adil Shamji

  • MPP
  • Member of Provincial Parliament
  • Don Valley East
  • Ontario Liberal Party
  • Ontario
  • Suite L02 1200 Lawrence Ave. E Toronto, ON M3A 1C1 ashamji.mpp.co@liberal.ola.org
  • tel: 416-494-6856
  • fax: 416-494-9937
  • ashamji.mpp.co@liberal.ola.org

  • Government Page
  • Aug/30/22 4:20:00 p.m.
  • Re: Bill 7 

Let’s get something out of the way: I don’t want ALC patients to languish in acute care hospitals. It’s not fair to them and it’s certainly not fair to the patients of Ontario. Our seniors deserve to age with dignity in supportive environments of their choosing, but this bill does not accomplish that.

The number of ALC patients in this province has ballooned over the last four years, and now this government is trying to rush things through without addressing the root causes. They could treat health care workers with respect and repeal Bill 124, but they won’t. They could reduce the massive wage differentials between long-term care, home care and acute care hospitals, but they won’t. They could improve conditions in long-term-care homes, implement the recommendations from the long-term-care commission, but they won’t. I guess you’re seeing a trend here, eh? They could prioritize primary care, but they won’t. Instead, they have chosen to make patients victims by forcing them to leave their families and move to distant long-term-care homes.

So, to be clear, I want as many seniors to age with dignity in the place of their choosing as possible, and I want our acute care hospitals to focus on what they do best, which is providing acute and critical care. But this bill is not the way to do it. This bill violates patient autonomy and is coercive.

True patient consent must pass three tests, as I mentioned this morning: The patient must be capable, they must be fully informed and they must give their consent voluntarily and freely. When it comes to the management of personal health information and authorizing admission to long-term care, this bill fails all three tests. Consent is simply not required. It also fails when it comes to transferring patients to long-term care. Again, consent is about enabling patients to make an informed decision that is voluntary and free. It’s not about getting a yes from a patient. It’s not about getting a signature from a patient or their family. And it’s definitely not about holding a gun to a patient’s head and saying, “You don’t have to go to this long-term-care home, but you will have to pay $1,500 a day if you don’t.”

And don’t let references about past bills from 1979 fool anyone into thinking this bill is about the same thing. That one and this one are completely different.

The definition of coercion is “the practice of persuading someone to do things by using force or threats.” The threat of a $1,500-per-day bill sure sounds like coercion to me, especially when it comes to vulnerable patients and their families, especially when there is already a power differential that exists between patients and their health care teams.

With that in mind, it’s actually amusing to think that Bill 7’s short-form rhetorical title is the More Beds, Better Care Act. It should probably be the more people, better care act, because at least that would start solving some of the fundamental staffing issues in long-term-care homes. But this bill has nothing to do with that. The long-form title is actually along the lines of amending the Fixing Long-Term Care Act with respect to patients requiring an alternate level of care and “to make a consequential amendment to the Health Care Consent Act.” The change is consequential, and the major purpose is all about circumventing consent.

The sponsors of this bill know that. That’s why the bill actually says, “Despite subsection 3(2), this section ... shall not be interpreted or construed as being inconsistent with the residents’ bill of rights.” But it is a violation, and it is inconsistent with that bill of rights. And just saying that it isn’t doesn’t make that true.

This bill does not protect confidential patient information, and it fails to pass the three tests of informed patient consent. The worst part is that we couldn’t even invite any lawyers or medical ethicists to explain this to the members across, because they opted to circumvent going to committee—for shame.

There are other major issues with this bill. It can send patients hundreds of kilometres away from their homes, without consideration for their choices or their cultural or social needs. There is no reassurance to patients that their long-term-care homes will be adequately staffed or that they will remain adequately staffed—

769 words
  • Hear!
  • Rabble!
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