Court Decision Lays Bare Legislation Allowing LHIN to Make Major Decision Without Community Input

August 25, 2008
 

TORONTO - The Ontario Superior Court ruled August 22 it was within the law for the Central East Local Health Integration Network (CE LHIN) to approve a major change to regional health service delivery without consulting the public about the proposal.

The Ontario Public Service Employees Union took the CE LHIN to court July 11 after it failed to consult before approving a plan by the Rouge Valley Health System to close 20 acute care mental health beds at the Ajax hospital and cancel a further nine under construction. The plan cut the number of acute care mental health beds in half for Durham Region, one of the fastest growing urban centers in Ontario.

"This proves the legislation is deeply flawed," Warren (Smokey) Thomas, President of the 130,000 member Ontario Public Service Employees Union. "Under the court's interpretation, there are very few instances where major changes to a region's health care delivery will be subject to meaningful public consultation."

The court decision confirms criticism that was leveled when Bill 136, the legislation creating the Local Health Integration Networks, was first introduced in 2006.

Despite the government's promise that the LHINs would enable local communities to make decision about their local health systems, the legislation leaves many loopholes to allow health service providers - such as hospitals, nursing homes and community care access centers - to work with the LHINs to avoid public scrutiny of more controversial decisions.

March 25 the plan became public after the RVHS board approved the cuts. Three days later the LHIN rubber stamped it as part of a series of accountability agreements it passed in less than an hour. Despite promises in January that RVHS plan would be subject to public scrutiny, the LHIN offered no opportunity for input at the March 28 meeting.

The written court decision says the decision by the hospital is an internal one, not subject to the LHIN integration decision despite its impact on regional health delivery.

"OPSEU will continue to pressure the LHINs to do the right thing despite this ruling," says Thomas. "The fight in Durham is far from over." .

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