For Members-Update on the Charter Challenge

Hello OMA members—welcome to this week’s The Doctor Is In. One of the things that spurred me to run for election was my desire to connect with you, Ontario’s doctors.  I shared your dream of a better healthcare system.  I also shared your frustration of feeling out of the loop regarding the advocacy initiatives being executed on our behalf by the OMA.  I wanted to make sure that there was as much transparency as possible.

I have realized since being fortunate enough to learn about the intricacies of this organization that I am not alone in my desire to ensure transparency.  The staff, the physician leaders, and the board all want to ensure members are as up to date as possible.  One of the challenges we face is figuring out how to keep people informed about issues where many of the specifics are confidential. Whether it’s details about negotiations with the ministry, preserving legal strategy, or protecting a right to privacy, we often have to walk a fine line between sharing as much as possible while preserving confidentiality.  

This is not an excuse, but it is an explanation.  I think we can do a better job at explaining when something is a no go because it is confidential—members deserve to know exactly why something can or cannot be shared.

And in the spirit of transparency, without compromising our legal strategy, I want to let you know about a development in the charter challenge.  For anyone unaware, this is a legal case that was launched in 2015 in response to the government making a series of unacceptable unilateral cuts to physician funding in Ontario.  These cuts harmed doctors financially, demoralized our profession, and negatively impacted patient care in Ontario.  

The OMA could not let this go unanswered. The goal of the challenge was to get the cuts reversed, to prevent the government from taking unilateral action against doctors in the future, and to fight for repayment of the lost funds if possible.

It has been 11 years of moving this challenge forward, and much has changed.  The legal and political landscape is different than in 2015.  The OMA has successfully advocated to reverse many of the cuts that were made and a binding arbitration framework has been implemented to prevent the government from taking unilateral action when negotiating with Ontario’s doctors.   

To try to resolve this case, the OMA and the government met for mediation this summer. Unfortunately, this was not successful in reaching a resolution.  So now, the board must make a decision about what to do next because the next steps of the court case will be extensive, where a significant amount of resources and member dues will be needed to move the case forward.  Any time that member dues are being spent, we as an association are duty bound to ensure those valuable resources are being directed appropriately and in the best interests of those who pay them.  The board will be deliberating the next steps in the case this fall and we would like to ensure our members have an opportunity to share their thoughts on the situation.  

Because it is an active legal case, the OMA is legally bound to keep certain details confidential at this time but the association also wants to make sure that members are given as much information as possible and have an opportunity to provide feedback on this issue.  The board needs all inputs to make an informed decision.  No decision on the charter challenge will be made until we receive feedback from members.

To gather your feedback, there will be an OMA Live event September 1, 2026 from 6:30-8 pm to provide members with more information and an opportunity to ask questions (you can register here).  Please ask your questions in advance so we are sure to answer as many as possible. Following OMA Live, a survey will be sent to members in order to ensure that every member has the opportunity to provide feedback.

I am acutely aware that we will not be able to answer all of your questions—for that I am sorry.  It is not because we don’t want to but because we have to maintain the integrity of the legal process.   But it is incredibly important for members to attend the OMA Live event if they can and to provide their feedback in the survey (there will also be a video recording of the event available that same week).

Why is it so important?  Because what happened 11 years was awful and there are many members who feel strongly about the actions of the Ontario government.  I acknowledge that I entered practice in 2017, after the impact of these cuts.  While I can sympathize with how it must have felt to experience, I know I cannot understand it in the same visceral way as physicians who lived it.  That is why your voices and opinions matter.  You deserve an update on the legal and political landscape, what the risks and benefits are of the charter challenge, and an opportunity to share your thoughts with the OMA after receiving the information.  We want to hear from everyone.

The feedback from the membership will be brought forward to the board, along with other inputs such as legal evaluations of the merits and risks of proceeding so that the board can make a decision that best serves our members.  Once a decision has been made, the membership will be informed as soon as possible.  We will share everything we can with you because that is what Ontario’s doctors deserve.  You deserve fair compensation for your hard work and an association who will fight for you and make decisions that protect the financial and personal wellbeing of doctors across Ontario.  Thank you in advance for your engagement.