Francophone group shifts strategy in fight to keep extramural away from Medavie

A francophone lobby group is changing its legal strategy in its fight against the Gallant government's privatization of the management of the extramural care program.

Égalité Santé en français was preparing for a judicial review hearing next week, where it was to ask the court to rule that Health Minister Benoît Bourque lacked the legal power to let the private, not-for-profit Medavie run the program.

But that court date is now off, with the group shifting its focus to a broader constitutional challenge of how health care is run in the province.

• Medavie contract still secret, despite Liberal vow of quick release
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​Dr. Hubert Dupuis, the president of Égalité Santé en français, said a new law passed last month giving Bourque the power to sign the contract meant there was no case for judicial review.

"This means that the minister … has the authority to privatize the management of the extramural program in New Brunswick," Dupuis said. "We would probably lose our judicial review on that fact."

'Flagrant action'

The group's lawyers will instead amend a constitutional challenge it filed in court last June to add the Medavie changes.

That challenge argued that the Charter of Rights and Freedoms requires that francophones be given direct control over the Vitalité Health Network.

In a 21-page statement of claim, Égalité Santé en français argued the provincial government forced francophones to deal with majority-anglophone organizations when it allowed Service New Brunswick and private companies to run parts of the health care system.

It argues that violates Section 16.1 of the Charter, which gives English and French communities the right to "such distinct cultural institutions as are necessary" for the preservation of their culture and language.

'The fact that he changed his powers to give him the authority to quash the francophone community, I think really shows how the minister is meddling and not respecting our rights.'- Hubert Dupuis, Égalité Santé

The Medavie deal was announced in August, two months after the case was filed.

Dupuis said the passage of a new law to allow the agreement with Medavie is "a flagrant action which proves what we are saying," he said. "It strengthens our constitutional argument."

"The minister, after the fact, changed the law, so the francophone and Acadian communities would not win. The fact that he changed his powers to give him the authority to quash the francophone community, I think really shows how the minister is meddling and not respecting our rights."

Section 16.1 explicitly guarantees duality in education, but its application to the health-care system has never been tested in New Brunswick courts.

Égalité Santé argues in its court filing that it does apply because health institutions have "cultural, economic and social" effects on the francophone community.

The agreement with Medavie will transfer management of the extramural program and the Telecare program. The company plans to integrate them with Ambulance New Brunswick.

The province said the arrangement will allow more efficient delivery of the services to an increasingly aging population that relies on them.

Review of redactions to Medavie contracts

Meanwhile, Integrity Commissioner Alexandre Deschênes said Thursday he is reviewing "proposed redactions" to the three contracts the province signed with Medavie on Dec. 31.

Bourque promised last fall that the agreements would be released publicly as soon as they were signed. But the Health Department says it has asked Deschênes to review them first to ensure the public sees what it has a right to see.

Deschênes said he won't make his comments public and releasing them will be up to the department.

He said his review does not prevent the public from filing right-to-information requests to the government for the contracts or from making complaints to his office about how those requests are handled.

A Health Department spokesperson said the contracts should be released "in the coming days."