Province mum | No comment on action

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By STEPHEN LLEWELLYN
llewellyn.stephen@dailygleaner.com

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The New Brunswick Medical Society has followed through on its threat to sue the Liberal government over the rejection of a tentative contract agreement the two sides negotiated last year.

The notice of application court documents were filed in the Saint John Court of Queens Bench on June 29 and the court date is set for Aug. 6.

"It is deeply regrettable that New Brunswick physicians are being forced to turn to the courts in an effort to salvage agreements that were negotiated in good faith," said medical society president Dr. Ludger Blier in a prepared statement.

He said the medical society spent many months negotiating agreements on behalf of fee-for-service and salaried physicians that were signed off by both sides - doctors and government.

"Our members subsequently ratified the terms of the agreement and trusted the Shawn Graham government to live up to the commitment they made to New Brunswick physicians," said Blier. "It is clear to us now that our trust was misplaced."

Former health minister Mike Murphy said the government couldn't afford the original deal, which would cost $36 million in the first two years, because of the recession.

It isn't clear on what grounds the doctors are suing the government.

When the government passed Bill 93 - An Act to Amend the Medical Services Payment Act - on June 18 to freeze the doctors' salaries for two years, it stated in the legislation that doctors couldn't sue the government or go to binding arbitration.

That legislation hasn't been proclaimed as law and Murphy said last month the government would do that only as a last resort.

"I'm a doctor; I'm not a lawyer," said Blier in an interview Thursday when asked about the grounds for the lawsuit. "But our counsel says we have deposed documents for a court action.

"For important reasons we can't speak about the details right now."

He said if the government wants to avoid a court battle, it can honour the tentative agreement.

Another tactic to put pressure on the government by the medical society is that it will not discipline doctors who withdraw from dozens of provincial medical committees.

Blier said the medical society isn't telling doctors to withdraw from those committees but will support them if they do.

Some salaried doctors must attend government committees as part of their job description and they continue to do so, he said.

But there was supposed to be a meeting last week of emergency room doctors and government, and it had to be cancelled because of poor attendance by doctors, said Blier.

New Health Minister Mary Schryer wasn't talking about the doctors' lawsuit Thursday.

"It is a legal matter and therefore the minister can't offer comment," said Meghan Cumby, spokeswoman for the Department of Health.

Official Opposition Leader David Alward said the legal move is no surprise.

"Very clearly this government broke the confidence with doctors," he said. "The doctors have said this is their next option."

Alward said the premier must show leadership and admit that he offered the doctors a new deal at a meeting March 11 with a two-year wage freeze following the four-year contract agreed to in December and negotiate based on that new deal.

The doctors agreed to a two-year wage freeze after the four-year agreement ended.

Until the premier does that, Alward said, the doctors have no reason to negotiate.

The Opposition leader also said a public court fight between doctors and the government will be highly damaging to the province's efforts to recruit new doctors.

"Our physicians are our best asset ... when it comes to bringing new physicians to the province," said Alward. "They are the ones that are on the front lines."