The Supreme Court of Canada will hear an appeal of a decision from the British Columbia Court of Appeal which found that legislation permitting the contracting out of non-clinical health services is constitutional.
In 2002, the British Columbia Government enacted the Health and Social Services Delivery Improvement Act. The legislation allows health care employers to contract out non-clinical services. Unions organized political protests and launched a legal challenge to the constitutionality of the legislation.
On September 11, 2003, the British Columbia Supreme Court found that the legislation was constitutional. On July 5, 2004, the British Columbia Court of Appeal confirmed the Supreme Court’s ruling. The Unions applied to the Supreme Court of Canada for leave to appeal that decision. The Supreme Court of Canada granted the Unions’ application and will hear the appeal.