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Charter challenge of Ontario's controversial long-term care law thrown out by court

Writer's picture: Jennifer La GrassaJennifer La Grassa

More Beds, Better Care Act has seen backlash by advocates, seniors and caretakers


Jan 24, 2025

Bill 7, the More Beds, Better Care Act, was passed by the Ontario government in September 2022. It has been the subject of much debate and controversy among elderly advocates, seniors and their caretakers. (Shutterstock)
Bill 7, the More Beds, Better Care Act, was passed by the Ontario government in September 2022. It has been the subject of much debate and controversy among elderly advocates, seniors and their caretakers. (Shutterstock)

An Ontario court has thrown out a Charter challenge of a long-term care law that allows hospitals to move people into homes they didn't choose, or charge them $400 a day if they want to go elsewhere.


The case — brought forward by the Advocacy Centre for the Elderly (ACE) and the Ontario Health Coalition — was heard in the Superior Court of Justice in September and the decision was released Monday.


The two parties argued Bill 7, the More Beds, Better Care Act, violates the Charter of Rights and Freedoms. According to the province, however, the law is necessary to free up much-needed hospital beds.


In the published decision, Justice Robert Centa says the law doesn't contravene the Charter of Rights and Freedoms. The bill "does not interfere with an ALC [alternate level of care] patient's 'right' to choose where they live," and the $400 daily charge for a continued hospital stay is "not coercive," Centa wrote. 


Instead, Bill 7 has a "sufficiently important objective," the justice added. 


"I found that the purpose of Bill 7 is to reduce the number of ALC patients in hospital who are eligible for admission to a long-term care home in order to maximize hospital resources for patients who need hospital-level care." 




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