Nova Scotia court to hear challenge over patient privacy and government access to medical records
The Nova Scotia government has said its goal is to create an electronic database containing all residents' medical history.
The Justice Centre for Constitutional Freedoms (JCCF) will appear before the Nova Scotia Supreme Court on September 2 and 3, 2025, in a case challenging recent amendments to the province’s Personal Health Information Act (PHIA).
At issue are 2024 budget bill changes to section 110 of the PHIA, which compel doctors, hospitals, and clinics to provide patient records to the Minister of Health and Wellness. The government has said the goal is to build an electronic database of every Nova Scotian’s medical history. Patient consent is not required.
The applicants — including physicians Dr. Chris Milburn and Dr. Aris Lavranos, citizen advocates Shelly Hipson, Valerie Henneberry, and Susan Kaiser, along with the Nova Scotia Civil Liberties Association — argue the amendments breach Charter protections of privacy under sections 7 and 8. These sections guarantee the right to life, liberty, and security of the person, as well as freedom from unreasonable search and seizure.
“Health care records contain among the most private and personal details of an individual’s life,” said JCCF lawyer Chris Fleury. “Consent of the patient must be required before a government can obtain medical records. It is astonishing that consent is totally absent from the current regime.”
Should a provincial health minister have access to your personal health records without your consent?
— Justice Centre for Constitutional Freedoms (@JCCFCanada) September 1, 2025
Lawyers provided by the Justice Centre will appear before the Nova Scotia Supreme Court on September 2 and 3, 2025, to help various parties gain standing to argue that… pic.twitter.com/7TZ0FvqPQv
Fleury warned that granting a political officeholder such as the health minister direct access to patient records could erode public trust and “turn private health information into a political tool.”
If the applicants are granted public interest standing, the case will advance to affidavits, cross-examinations, and a future hearing. A ruling on the preliminary motions is expected in the coming months.
Sheila Gunn Reid
Chief Reporter
Sheila Gunn Reid is the Alberta Bureau Chief for Rebel News and host of the weekly The Gunn Show with Sheila Gunn Reid. She's a mother of three, conservative activist, and the author of best-selling books including Stop Notley.
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COMMENTS
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Bruce Atchison commented 2025-09-02 20:53:53 -0400What an invitation to hackers to steal people’s medical history. A list like that would be handy for blackmailing people and shaking them down for money. The stupidity of government is more infinite than the universe.
