Nouvelles
Telegraph Journal
p. A1, vendredi, 9 janvier 2009
Health care challenge lawyer critical of delays by province
Adam Huras
Michel Doucet, the lawyer representing the Moncton-based advocacy group which launched a constitutional challenge of health reforms introduced by Health Minister Mike Murphy, says he’s still waiting for the province’s response.
Michel Doucet, the lawyer representing a Moncton-based advocacy group that launched the challenge, criticised comments Health Minister Mike Murphy made over the holidays in which he boasted of assembling a legal "dream team" for a court battle he predicted would last beyond his days as an MLA.
Doucet also complained that the government is disregarding deadlines that should already have landed the two sides in court. He said the province's defence is months overdue.
"It's been over three months now," Doucet said of the delays. "We were showing a lot of good faith, but "¦ our patience is drawing to an end."
Provincial court rules give the defendant 20 days in a civil action to file a defence. Doucet said that deadline passed in mid-November.
The province then filed an intent to defend its case on Dec. 3, giving it 10 more days.
"That would have meant Dec. 13, and it's now January," Doucet said.
The legal team Murphy referred to includes trial lawyer Michel Décary of the
Murphy also said in a recent interview he expects the legal challenge to travel all the way to the Supreme Court and last between five and seven years.
He said he also expects to no longer be health minister by the time the challenge is settled, but he doesn't believe the legal challenge will be his legacy.
"My legacy won't be the lawsuit, my legacy will the expansion and the university teaching centre at (
Doucet said Murphy is drawing on the seemingly limitless resources of the Department of Justice - the biggest law firm in the province.
"He also has the biggest law firm in Atlantic Canada with Stewart McKelvey, the third largest law firm in Atlantic Canada with Cox and Palmer and Stikeman Elliott is one of the largest law firms in
Richard said a defence will be submitted shortly, but declined to offer a definitive date.
"I don't have a date, but it is going to be shortly. Normally a defence is due within 20 days or 30 days after the statement of claim has been filed. But it's a regular procedure in most significant litigation for lawyers to request a bit more time."
When told of Doucet's comments, Richard declined to comment further.
Doucet said he believes the delays by the province, coupled with its acquisition of prominent lawyers, appear to be a scare tactic.
"The message that is being sent out to the citizens of
"But that won't work in this case. We just want the matter to move forward and be resolved."
Seven months after Murphy merged the province's eight regional health authorities into two, the province was served with a legal challenge from francophones who say their constitutional rights were ignored.
Murphy has maintained the move was necessary for the province's economic future as medical costs soar and the health budget consumes more and more of the province's revenues. He also points to amendments that he introduced to guarantee that the language of work in hospitals stay the same.
Doucet said he would be ready to meet the province in court tomorrow, adding that even if financial support from his clients run dry, the case will continue.
"I have done a lot of cases on a pro bono basis and I am ready to move forward on this one on a pro bono basis," he said. "It is an issue so important to
A spokeswoman for the Department of Health said Murphy was unavailable for comment due to meetings. The Department of Justice did not return calls.