Women who fought for out-of-province care worry about fate of auditor general report
'If those reports aren't made public, then it's very difficult for the public to hold the premier to account'
Crystal Ellingsen and Jennifer Brady thought their battle with the government of Nova Scotia ended last year, but now they're raising their voices once again to continue the fight.
The women both suffer from debilitating chronic illnesses that could not be treated in Nova Scotia, and were denied coverage for out-of-province care. They ended up paying tens of thousands of dollars each for medical treatment in other provinces and around the globe.
The pair filed for a judicial review against Nova Scotia's Health Department in 2022, and in 2024 a judge ruled in their favour, saying the province violated their rights by refusing to cover their procedures.
The groundbreaking decision from the Nova Scotia Supreme Court led to an about-face from Premier Tim Houston, who promised to reimburse the women's expenses and pay for future treatment.
Houston also said he asked the auditor general to review the circumstances that led to Brady and Ellingsen's legal case, and to do a broad review of how all cases of out-of-province medical care are handled.
Now, several months later, Houston is proposing changes to grant the government greater power over the auditor general.
The proposal has Ellingsen and Brady worried about the fate of the audit Houston requested.
"I think my situation shows that the out-of-country care program is fundamentally broken … I think the auditor general would likely find the same, and in order for her to be able to voice her concerns about it, she needs to be able to do so knowing that she's not gonna be fired for it," Brady said in an interview.
Fire without cause, keep reports private
Houston tabled a bill in the legislature this week that would allow the government to fire the auditor general without cause if it has the support of two-thirds of the MLAs in the House. The Progressive Conservatives won an unprecedented supermajority in last fall's general election, giving them more than two-thirds of the seats in the legislature and therefore enough votes to use the firing provision.
The bill would also give the justice minister the power to redact parts of auditor general reports, and give cabinet the power to keep reports from the auditor general private.
"If those reports aren't made public, then it's very difficult for the public to hold the premier to account when he tells us he's going to fix health care," said Brady.
Auditor General Kim Adair says the changes would erode the ability of the office to do its work, and she has asked the province to scrap the bill.
Finance Minister John Lohr responded with a public statement dismissing Adair's concerns.
"We look forward to future reports," Lohr said in the statement, "including the one Premier Houston requested regarding out-of-province healthcare services so that government can remove barriers to accessing care."
Ellingsen said she isn't afraid of changes, but she doesn't believe the PC government has given a sound justification for these ones.
Houston has said he's simply bringing Nova Scotia in line with other provinces. In fact, only Alberta and Manitoba have dismissal provisions similar to what the PCs have proposed.
"That's not an explanation," Ellingsen said in an interview from her new home in North Carolina.
"The only thing that seems to make sense is he [Houston] wants more censorship on what's coming out of the office and the ability to control more," she said.
Fighting for others
Both women said Houston has so far kept the other promises he made to them, and they're glad to be able to close the chapter of fighting for their own health care. However, they said they're compelled to speak up for others who might benefit from systemic changes that could be spurred by a thorough review that's made public.
"The things I do are not just for me, they're for my children. They're for your children," said Ellingsen.
CBC News asked Adair about the status of the review that Houston requested. She would not comment, but she noted a provision in the Auditor General Act that allows cabinet to call for specific audits.
A review of out-of-province medical care is not on the auditor general's public list of reports in progress, but the reports listed there are typically near completion, while works that are in earlier stages are typically kept private.
Ellingsen and Brady said they hope the government comes around to Adair's request to repeal the bill.
Should the Progressive Conservatives decide to follow through, they will be able to pass the bill into law in the coming weeks.
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