Advocacy groups won't appeal Ontario court's dismissal of Charter challenge to long-term care law

Advocacy organizations won't appeal an Ontario court's decision to dismiss their Charter challenge of the province's long-term care (LTC) law, which allows hospitals to move people into homes they didn't choose or be charged $400 a day to remain in hospital.

The case, launched by the Advocacy Centre for the Elderly (ACE) and the Ontario Health Coalition (OHC), was heard in the Superior Court of Justice in September. 

The two parties argued Bill 7, the More Beds, Better Care Act, — which was passed in 2022 — violates the Charter of Rights and Freedoms so the law should be overturned. The provincial government, however, maintains the law is necessary to free up much-needed hospital beds.

In mid-January, the court sided with the province and decided to dismiss the case. 

In an interview with CBC News on Wednesday, Ontario Health Coalition executive director Natalie Mehra said OHC can't afford the legal costs to appeal.

The OHC is paying the majority of legal fees in this case, of "close to $200,000," according to Mehra. She said they're still fundraising to pay it off. 

She also said an appeal is always challenging to win. 

"It's very disappointing and really heartbreaking," Mehra said. 

"We know that patients really are suffering as a result of the coercion, trying to find somewhere to move from hospital into a long-term care home that is a decent home, that provides the care that they need, that is close to loved ones."

In the published decision from January, Justice Robert Centa said the law doesn't contravene the Charter. The bill "does not interfere with an ALC [alternate level of care] patient's 'right' to choose where they live," and the $400 daily charge for a continued hospital stay is "not coercive," Centa wrote. 

Instead, Bill 7 has a "sufficiently important objective," the justice added. 

"I found that the purpose of Bill 7 is to reduce the number of ALC patients in hospital who are eligible for admission to a long-term care home in order to maximize hospital resources for patients who need hospital-level care." 

Mehra said ACE and the OHC were "shocked" by the ruling, especially the idea that a $400 daily charge isn't coercive. 

"These are elderly patients, they're on fixed incomes, $400 a day is $12,000 a month — that is beyond the means of the vast majority of people in Ontario. It really means that they don't have a choice in our view."