Audit and reform CMPA funding

AI summary

Petitioners ask the government to audit the CMPA, reform its funding to ensure fair legal representation for families, and create a federal early-response program for birth injuries. The government responds that CMPA matters are provincial.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the House of Commons in Parliament Assembled We, the undersigned citizens and residents of Canada, draw the attention of the House of Commons to the following: WHEREAS: The Canadian Medical Protective Association (CMPA) receives over $660 million per year in public funding to provide legal defense to physicians accused of medical negligence; This financial structure enables the CMPA to retain multiple defense teams, often outnumbering and outspending plaintiff families, regardless of the merit of the case; Families affected by catastrophic birth injuries-such as hypoxic ischemic encephalopathy, cerebral palsy, or preventable neonatal trauma—face insurmountable legal, financial, and emotional barriers in seeking accountability; In cases such as that of Ayla Jane Fisher, who suffered a catastrophic brain injury during childbirth resulting in Stage 5, Quadripalegia Cerebral Palsy, where the family was turned away by multiple law firms due to the CMPA's overwhelming legal advantage; There is currently no public oversight or audit transparency for how taxpayer funds are used in CMPA defense spending; Canada lacks a coordinated national program for early intervention support for children and families impacted by medical negligence at birth, placing undue burden on caregivers. THEREFORE, we, the undersigned, call upon the Government of Canada to: Conduct a full audit and public review of the Canadian Medical Protective Association, including its use of taxpayer funds, legal practices, and impact on access to justice; Reform the CMPA funding model to ensure fair and balanced legal representation for families harmed by proven medical negligence; Establish a federal early response program to provide immediate support for families affected by birth injury, including access to: Pediatric rehabilitation therapies, Assistive technologies, Case navigation services and Long- term care planning; Recognize the urgent need for systemic reform so that no Canadian family is denied justice because of an unequal system funded by public dollars.

Government response

Response by the Minister of Health Signed by Maggie Chi The Government of Canada recognizes that patient safety is fundamental to a high-performing health care system and to ensuring Canadians receive the care they deserve. We are deeply empathetic to families who have experienced serious birth injuries and acknowledge the significant emotional, financial, and caregiving burdens they face. Within the context of health care in Canada, where provinces and territories are primarily responsible for the administration and delivery of health care services, including oversight of patient safety, the regulation of physicians, and decisions related to physician compensation and medical liability coverage: Funding models for physician liability protection, including arrangements involving the Canadian Medical Protective Association (CMPA), are determined by provinces and territories through their respective negotiations and policies; and Oversight and regulation of physicians and health care delivery, including patient safety mechanisms, fall under provincial and territorial jurisdiction. As a result, matters related to the funding model of the CMPA and changes to how medical liability protection is financed fall outside federal jurisdiction. Any proposed reforms in this area would need to be considered by provincial and territorial governments. The CMPA itself is a physician-run, not-for-profit organization that operates independently of government. While it was incorporated in 1913 through a Special Act of Parliament, this reflected the legislative framework of the time. Although the CMPA’s by-laws continue to require approval by the Governor in Council, this is a procedural legacy of that historical framework and does not confer authority to the federal government to regulate, direct, or audit the organization. The CMPA is not a federal entity, Crown corporation, or government agency.