Press release

FMSQ Suing Government on Two Counts

Montreal, September 12, 2006 – The Federation of Medical Specialists of Quebec (the FMSQ) will be taking the government to court on two counts. Targeted by special legislation that infringes their rights and freedom and faced with the intransigence of a government that has reneged on the agreement it had signed, medical specialists have to take a stand and prevent such a situation from recurring. The FMSQ therefore has no alternative but to take the matter before the courts.

Background

The government and the FMSQ jointly signed Letter of Agreement No.146, designed to rectify the question of the remuneration received by medical specialists. During negotiations, the government, faced with a tight deadline and for purely political reasons, reneged on its commitment and passed special legislation targeting medical specialists, even though there was still no need for recourse to pressure or threats and the FMSQ had requested the intervention of a mediator. “The government’s measures are bound to affect our ability to attract new medical specialists and to keep those we already have”, stated Dr. Yves Dugré, the FMSQ President. Specialists now feel, and rightly so, that they have been deceived and that they are victims of an abuse of power.

Legislation invalid

The first case, filed in Superior Court, requests that the court declare that the special legislation is unconstitutional. It was passed under the false pretext that an emergency existed, whereas medical specialists were exerting no pressure. The remuneration included in the legislation is inferior to that previously offered by the government, for the sole purpose of penalizing the FMSQ and its members. It also prevents medical specialists from taking concerted action to change their professional practice, ceasing to practice, resigning from their hospitals or becoming nonparticipants, under pain of significant financial and disciplinary penalties. The legislation therefore paralyzes the rights of association, opinion and expression, as well as the right to freedom enjoyed by medical specialists.

Obligation to respect the legislation

The second action is a dispute, filed with the Arbitration Council, to oblige the government to observe Letter of Agreement No. 146 as signed by it or, failing that, to require the government to pay damages and interest. The government had made a commitment to rectify the disparity in remuneration that exists between medical specialists in Quebec and those in the other provinces. The government then made an about-turn, withdrawing the offer presented to medical specialists in this regard. The FMSQ is therefore applying to the Council to order the government to correct this disparity in remuneration and to abide by its commitments.

No recurrence

With the government acting as both judge and jury in the present situation, medical specialists find themselves in an untenable situation. They have the option of accepting the dictates of a government that has acted in bad faith or they can exert pressure which, although completely legitimate, may be open to criticism. Another alternative must be found.

The Canada Health Act provides for a mechanism, such as conciliation or binding arbitration by a third party, to resolve differences that arise during negotiations. The FMSQ considers it would be advantageous to consider such a measure, because every means should be employed to prevent a recurrence of the present situation.

The Federation of Medical Specialists numbers more than 8,000 members in Quebec, representing 34 specialties.

The sole agency recognized by government to negotiate collective agreements on behalf of medical specialists, the FMSQ is also consulted on every aspect of the organization of medical care in Quebec.

N.B.: Details of the legal action taken available on the FMSQ site: www.fmsq.org

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