Indigenous Health Class Action

Patrick v. His Majesty the King in Right of British Columbia

Current status

The Notice of Civil Claim, initiating this proposed class action, was filed in the Supreme Court of British Columbia on May 27, 2022.

The Province brought a sequencing application seeking leave to apply to strike the Notice of Civil Claim in advance of the certification application. A hearing on this matter took place on November 6, 2023. On November 16, 2023, the Court issued reasons dismissing the Province’s application to bring the motion in advance of certification.

Please continue to check back here for updates.

What is this claim about?

On May 27, 2022, Murphy Battista LLP filed a proposed class action against His Majesty the King in Right of British Columbia (the “Province”) concerning the systemic racism and discriminatory treatment in the provision of medical services against Inuit, First Nations, and Métis people in British Columbia.

The Claim alleges that hospital services provided to Indigenous peoples are marked by widespread racism. Because of their race, colour, or ethnic origin, Indigenous peoples have been treated differently than non-Indigenous peoples when accessing hospital services in British Columbia. As a consequence of this differential treatment, Indigenous peoples have been subjected to humiliating, demeaning, and sub-standard hospital care, the denial or delay of care while at hospitals, and diminished access to hospital services as compared to non-Indigenous peoples.

The named defendant in this proposed class action, the Province, operates and has control over health services in British Columbia, and as a result of this relationship, it is alleged that the Province is vicariously liable for the acts and omissions of hospitals and health authorities.

The Claim alleges that, despite being aware, for decades, of the significant problem of racism against Indigenous peoples within British Columbia’s hospital system, the Province has failed to take timely and appropriate steps to eliminate or reduce the problem. The Claim asserts that, as a result of the widespread, and ongoing racism in British Columbia’s hospital system, Indigenous peoples are often subjected to negative stereotypes and are deemed less worthy of care than non-Indigenous peoples in British Columbia.

The Claim asserts systemic negligence, and a breach of section 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 (the “Charter”).

Who does this class action affect?

This class action is brought on behalf of all First Nations, Inuit, and Metis persons who, at any point between November 25, 2005 and the present, attended a hospital in British Columbia to obtain health services (the “Class” or “Class Members”).

Who are the lawyers?

This class action is being pursued by a team of lawyers from Murphy Battista LLP led by Angela Bespflug, Janelle O’Connor, Alex Sayn-Wittgenstein and Andrew Brine.

What should I do if I have been impacted?

Please contact us by submitting the form below. A member of the legal team handling this action will contact you and you will be added to our database and kept apprised of developments.

Questions

If you have questions or would like to be included in our database of class members, you can:

• email [email protected], or
• call Murphy Battista’s Vancouver office at (604) 683-9621 or Toll Free at 1-844-633-3817, and ask to speak to a member of the legal team handling the Indigenous Health Class Action. Reception will transfer your call to someone who can help you.