In an emailed response to The Canadian Press, M said^e Gray says he is disappointed and mentions that he is thinking about appealing to the Supreme Court.

In the judgment signed by Judges Stephen W. Hamilton, Martin Vauclair and Frédéric Bachand, the court upholds the first instance decision of Judge Dominique Poulin. We also underline the “cautious” nature of the Supreme Court’s ruling.

The thesis defended by M^e Gray and the D^R Roper maintains that Montreal is at a disadvantage compared to most regions in Quebec. According to D^R Roper has the worst GP registration rate and from one year to the next the minister is using his discretion to deprive the metropolis of new doctors in favor of other regions.

The complainants claimed the system used was “unreasonable” and even violated the Canadian Charter of Human Rights and Freedoms.

However, the Court of Appeal judges came to the same conclusions as Justice Poulin, namely that the insufficient number of frontline GPs “is not due to the allocation of staff made by the Minister, but rather to the insufficient number of doctors to meet the need at the provincial level.

In his application, D. stated^R Roper also criticized the fact that the number of registrations with the family doctor was not taken into account when calculating the staff distribution. He also criticized the Ministry of Health for not taking Montreal’s actual patient pool into account and relying only on population numbers.

However, the judges recalled that in this situation it is not the role of the courts to replace legislative, executive or administrative power.

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