News Release: Petition Seeking Fair Access to Medical Residency Positions for all Canadian citizens and permanent residents September 24, 2018

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POSTED IN Canadian Law, General, Lawsuit, Lawsuit Progress, Legal, Legal & Policy, Uncategorized

The Society of Canadians Studying Medicine Abroad (SOCASMA), Dr. Oliver Kostanski, and Harris Falconer have filed a petition in the Supreme Court of BC challenging rules which exclude Canadians who graduated from medical schools outside of Canada or the USA from competing on the basis of individual merit for residency positions in British Columbia. The petition seeks the end of a system of exclusion for medical residency selection.

Although the Petition is brought in BC against the College of Physicians and Surgeons of British Columbia, BC’s Ministry of Health, the University of British Columbia, the Canadian Resident Matching Service, and the Association of Faculties of Medicine of Canada, the system of exclusion of international medical graduates exists across Canada. It is expected this case will have repercussions across Canada.

The current medical residency selection process is based on place of graduation, rather than on knowledge, skills, and attributes relevant to the practice of medicine. The Petitioners assert that the current system infringes the Constitutional rights of Canadian citizens and permanent residents.

Canadian international medical graduates (IMGs) face an arbitrary quota of 58 first round residency positions in BC, whereas Canadian and American Medical School Graduates (CMGs) have exclusive access to approximately 288 first round positions. Moreover, Canadian IMG positions in British Columbia are limited to Family Medicine and 6 positions in 3 specialty areas, whereas CMGs have over 170 specialty positions leading to all 70 specialty and sub-specialty careers.

Competence is not the issue. IMGs take Canadian medical exams to demonstrate that their medical training is substantially equivalent to medical education in Canada. Approximately one quarter of physicians practicing in Canada today are IMGs.

“What we seek is in the best interest of all Canadians; that all Canadian citizens and permanent residents compete equally for access to postgraduate medical training on the basis of individual skills, knowledge and attributes relevant to the practice of medicine.” Rosemary Pawliuk, President Society of Canadians Studying Medicine Abroad.

END. Contact Information: counsel – Brian Samuels – brian@samuelslawcorp.com, Phone: 604-602-9979

About Society of Canadians Studying Medicine Abroad (SOCASMA): Socasma was formed in 2010 to support and advocate for Canadians who chose to study medicine abroad (CSAs) and who have been denied fair access to postgraduate training as a result of having done so. Socasma is the only organization in Canada which represents and advocates for all CSAs.

See attached petition.

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