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EDMONTON — The Alberta Medical Association has filed a lawsuit against the province over changes the government pushed through in how doctors can bill for their services.
The association's president, Dr. Christine Molnar, says in a letter to physicians that a statement of claim has been filed.
"If you told me a year ago that I would serve the minister of health with a statement of claim for a constitutional challenge, in the midst of the worst public health crisis in a century, I would have been incredulous," Molnar wrote Thursday.
"Yet, that is what happened this morning."
The Alberta government went ahead with changes to a funding framework on March 31 despite pleas from doctors and the association to delay them so that physicians could focus on the COVID-19 pandemic.
Molnar has said doctors will remain on the front lines. But she said in her letter Thursday that the government left the association with few alternatives but to defend its members' interests, and those of their patients, in court.
"On Feb. 20, the minister walked away from negotiations and terminated our contract," she wrote.
"In doing so, he violated the charter rights of all Alberta physicians by removing our access to independent third-party arbitration."
The lawsuit asks for fair and reasonable negotiations toward an agreement and the right to arbitration.
Premier Jason Kenney declined to comment on the legal challenge, but said Alberta physicians are the best compensated in Canada.
"We want to support our physicians. We believe they should not only be paid fairly but generously," he said at an infrastructure announcement.
"What we need to do is prevent that kind of compensation from getting even more out of whack with the rest of the country in the future."
Total physician compensation remains flat at $5.4 billion in the government's 2020-21 budget, but the new funding framework will change how doctors are paid for their work.
Doctors have said that the changes will force hundreds of clinics across the province, particularly in rural areas, to reduce staff or close their doors.
The lawsuit seeks damages for what it says has been the denial of charter rights and freedoms and also for what it claims has been a breach of contract.
This report by The Canadian Press was first published on April 9, 2020