FORT ST. JOHN, B.C. - A British Columbia Supreme Court judge has ruled that the province cannot require internationally trained medical graduates to work in rural and remote communities as a condition of securing residency positions.
In a decision released Friday, Justice Matthew Kirchner found the province’s “return to service” requirement is unlawful, saying the B.C. government does not have the authority to compel graduates of medical schools outside Canada to practice in underserved areas after completing their residency training.
The policy required international medical graduates who obtained residency positions through a separate application stream to sign agreements committing them to work in rural or remote communities. Graduates of Canadian medical schools were not subject to the same requirement.
The ruling stems from a legal challenge against what was described as a “two-stream system” for residency placements in British Columbia. While the court dismissed several other aspects of the petition, Kirchner found the return-of-service requirement infringed on an individual’s freedom to choose where to live and work.
“A person’s choice of where to live is a fundamentally personal decision which engages what it means to enjoy individual dignity and independence,” the judge wrote in the decision.
The court heard that penalties for breaking the agreements could be substantial, reaching nearly $900,000 for psychiatry residents and about $480,000 for family physicians.
Kirchner has suspended the ruling for 60 days to allow the B.C. Ministry of Health time to revise the program. The judge noted the decision could have implications for physician availability in remote and underserved communities across the province.
The ruling could be particularly significant for Northern and Northeast B.C., where communities have long struggled with physician shortages and recurring health-care service disruptions.
Emergency departments in communities across the Peace Region, including Fort Nelson, Dawson Creek, Chetwynd, Tumbler Ridge and Hudson’s Hope, have experienced temporary closures in recent years due to staffing challenges.
In Fort Nelson, emergency services at Fort Nelson General Hospital were interrupted for nine hours overnight between Monday and Tuesday morning because of staffing shortages.
The B.C. Ministry of Health has been directed to address the issue within the 60-day suspension period.
With files from The Canadian Press.