VANCOUVER — A British Columbia Supreme Court judge has ruled that the province’s requirement for medical graduates of programs outside Canada to work in “underserviced” areas is illegal. Justice Matthew Kirchner says in a decision posted Friday that the provincial government does not have the legal right to impose its “return to service” requirement on those seeking to apply for residency training from non-Canadian schools. Graduates of non-Canadian programs are required to sign an agreement to practise in rural or remote locations in B.C., something not required of Canadian medical school graduates. The decision stems from a petition by several parties who challenged aspects of the “two-stream system,” where graduates of Canadian schools have more access to residency programs in B.C. While several other parts of the petition were dismissed, Kirchner found that the requirement imposed by the B.C. Health Ministry to work in remote areas affects a Canadian citizen’s “liberty interest to decide where to live free from government interference.” Kirchner referred the matter back to the B.C. Ministry of Health to make the changes, but suspended the ruling for 60 days to give the ministry time to address the issue, given the decision “may impact on physician availability in remote or underserviced areas of the province.” “A person’s choice of where to live is a fundamentally personal decision which engages what it means to enjoy individual dignity and independence,” the ruling says. The decision says penalties for breaching the agreement can reach close to $900,000 for a psychiatry practitioner and $480,000 for a family doctor. “Through those obligations, the minister compels the (graduates) to practise medicine and live for two or three years in a location determined by the minister and imposes significant financial penalties for breach of that obligation,” the decision says. “International Medical Graduates who are fortunate enough to match to one of the available … residency positions have no real option but to accept that position with the accompanying requirement to commit to the return of service obligations.” This report by The Canadian Press was first published Sept. 15, 2026.
