The Nova Scotia government now has access to their citizens’ most private medical information; that which should be held in confidence with their physician and protected by our Charter.

Bill 419, passed by the Nova Scotia House of Assembly, gives the government access to “the entirety of patients’ medical records” under the pretext of “planning and management of the health system, resource allocation and creating or maintaining electronic health record programs and services”.

While this statement attempts to obfuscate, Bill 419 opens the door for bureaucrats, or those acting on their behalf, to legally access the private medical information for every citizen of Nova Scotia.

Health Minister Michelle Thompson claims the bill will give patients easier access to their health care records while also allowing officials to collect ‘broad data,’ stating, “We want real-time aggregate data. I don’t want people’s personal health records.” Yet this legislation specifically gives them what they claim they don’t want.

There are existing options for the required ‘broad data’ that do not open this level of intimate access to patient records, just as there were options to amend the legislation prior to approval, if they truly wanted to use language that better reflects their ‘apparent’ purpose.

The CEO of the Nova Scotia College of Physicians and Surgeons, Dr. Gus Grant, originally opposed the bill, offering numerous valid concerns for the added strain on doctor-patient relationships while calling confidentiality the ‘cornerstone of medicine’.

Interestingly, Grant has reversed course, now touting his sincere belief in politicians who promise not to abuse their power. What has changed his mind?

While anyone may choose to believe the empty promises of their current leadership, these laws are in place beyond their terms of office. The intentionally vague wording leaves the door wide open for a different interpretation by future governments.

This legislation is flawed at its core, and rife with opportunity for Constitutional Challenge. As John Carpay with the Justice Centre for Constitutional Freedoms stated in closing, “Stay tuned for a court challenge”.

To read the JCCF article, click here