AHS can deny sponsorship of foreign doctors if need isn't proven, court says

Alberta Health Services has successfully defended its ability to refuse sponsorship requests for foreign-trained physicians if it feels there is not a community need.

In a July 31 decision, Edmonton Court of Queen's Bench Justice Michael Lema ruled in favour of AHS in a case involving a foreign-trained doctor recruited by two High Prairie physicians in the spring of 2016.

Dr. Tobby Anizoba, a Nigerian-trained physician practising in South Africa, was recruited by Dr. Pamela Edwards and Dr. Robert Laughlin to work at their medical clinic in High Prairie, 370 kilometres northwest of Edmonton.

Anizoba required extra training to work in Alberta, so Laughlin and Edwards asked AHS to sponsor a practice-readiness assessment for him.

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Since 2015, AHS has had sole sponsoring authority for foreign-trained physicians, meaning that any foreign-trained doctors it sponsors can be directed to relocate to communities AHS identifies as having the highest need.

Laughlin and Edwards argued they needed another physician at their clinic because of the high demand for medical services there.

But AHS decided the need for another family physician in High Prairie wasn't great enough, and declined the sponsorship request. High Prairie has another medical clinic which is owned and operated by AHS.

Population discrepancies 

Laughlin and Edwards later applied for a judicial review. They argued that an AHS analysis of the need for physicians in High Prairie was "off-target," and that AHS had wanted to "put their clinic out of business," Lema wrote in his decision.

Lema ruled the AHS decision was justified and that its denial of sponsorship in High Prairie was not "for an improper purpose."

"In fact, it was the only reasonable decision available in the circumstances here," he wrote.

Laughlin and Edwards challenged AHS's view of High Prairie not having a dire need for another physician.

AHS estimated the population of High Prairie and surrounding communities at about 11,300 people. The physicians pointed to various other sources that put the numbers between 15,000 and 20,000 people.

Laughlin and Edwards said the heavy demand for medical services at their clinic means it often operates seven days a week, with evening clinics. Between 20 and 30 patients are turned away each day, they said.

But Lema said Laughlin and Edwards hadn't shown that the population figures provided by AHS weren't accurate.

The doctors' own numbers were not calculated or sourced, Lema said, and were only qualified by the mayor and reeve of the area agreeing that the population of the area is closer to 15,000 or 20,000.

Lema added the recruitment took place in 2016, the same year a Canadian census was taken, and the data for population would have been available.

Edwards and Laughlin could not be reached for comment on whether they plan to appeal the decision.

Anizoba was eventually sponsored for a position in Westlock, 90 kms northwest of Edmonton.