Court rules against Conservative

governments refugee health cuts

The Federal Court says government changes to health care create two tiers of coverage
between refugees who are from designated countries of origin and those who are not.
Medical professionals and supporters protest government cuts to refugee health care
last year at Citizenship and Immigration offices in Toronto. Two years ago, the federal
government trimmed medical benefits for newcomers.
By: Debra Black Immigration Reporter, Published on Fri Jul 04 2014
A court ruling striking down Ottawas cutbacks to health care coverage for
refugee claimants because it constitutes cruel and unusual treatment is being lauded
as a victory for human rights for human dignity and for com!assion.
The decision makes clear that a government cannot deliberately sub"ect human
beings to !hysical and emotional suffering as a means of !unishing them for seeking
refugee !rotection said Audrey #acklin !rofessor and chair in human rights law at
the $niversity of Toronto and e%ecutive member of the Canadian Association of
&efugee 'awyers.
Todays "udgment is consistent with the Charter of &ights and Freedoms Canadas
international legal commitments and the values that make us !roud to be Canadian.
The government said it would a!!eal the ruling.
The Federal Court decision that the governments cuts to refugee health care are
unconstitutional was a!!lauded by the Canadian Association of &efugee 'awyers
(ustice for Children and )outh and the Canadian *octors for &efugee Care.
+ith todays decision the Federal Court has recogni,ed that the governments cuts to
refugee health care violate the fundamental rights enshrined in the Charter of &ights
and Freedoms without any lawful "ustification said 'orne +aldman lead counsel on
the case and !resident of the lawyers association.
*r. -hilli! .erger a founding member of Canadian *octors for &efugee Care said
federal governments cuts had been devastating.
For more than two years now doctors across Canada have seen these cuts !lace the
!regnancies of refugee women at serious risk cause denial of treatment for sick
children and de!rive refugees with cancer of coverage for chemothera!y .erger said.
(ustice Anne #actavish said in her decision released Friday that the changes
announced two years ago to the interim federal health !rogram create two tiers of
health coverage between refugees who are from designated countries of origin and
those who are not.
Ottawa trimmed medical benefits for newcomers in /01/ leaving most immigrants
with basic essential health care but without su!!lementals such as vision and dental
care.
2owever re"ected refugee claimants 3 and refugee claimants from countries the
government considers safe 3 are currently only eligible for care when they !ose a
threat to !ublic health.
That according to #actavish violates a section of the Charter of &ights and Freedoms.
4overnment lawyers had argued the new rules bring health benefits for newcomers in
line with what other Canadians receive and deter those who would abuse the health
care system.
They argued refugee claimants can still access health care through other !rograms
including those !ut in !lace by some !rovinces to reinstate access to essential and
emergency care.
.ut those arguments werent acce!ted. The court has given the government four
months to figure out what comes ne%t and a way to reinstate the health coverage for
refugee5claimants to !re5/01/ levels.
Citi,enshi! and 6mmigration #inister Chris Ale%ander says the government will
a!!eal.
+e remain committed to !utting the interests of Canadians and genuine refugees
first he said in a statement.
Failed claimants and those from safe countries like the $.7. or 8uro!e should not be
entitled to better health care than Canadians receive. +e will vigorously defend the
interests of Canadian ta%!ayers and the integrity of our fair and generous refugee
determination system.
With files from The Canadian Press