Canadian Health Coalition
  • Donate
  • Menu Canvas
    • CHC Home
    • News
    • About us
    • Campaigns
    • Take action
    • Contact
  • hello@healthcoalition.ca
  • 343-558-1788
Donate OR Subscribe
    • English
Canadian Health Coalition
  • Home
  • About us
    • Our Team
  • News
  • Campaigns
  • Take action
  • Contact
  • Donate

    Support the Canadian Health Coalition

    $
    Select Payment Method
    Personal Info

    Credit Card Info
    This is a secure SSL encrypted payment.

    Donation Total: $55.00 One Time

Health Coalition wins right to intervene in important refugee health care case

Homepage Commentary Health Coalition wins right to intervene in important refugee health care case
Commentary

Health Coalition wins right to intervene in important refugee health care case

January 31, 2022
By CDN Health Coalition
0 Comment
2101 Views

The Canadian Health Coalition has won the right to intervene in an important case before the Ontario Superior Court of Justice that could impact the ability of refugees to access Canada’s medicare system.

The CHC, the Charter Committee on Poverty Issues (CCPI) and the FCJ Refugee Centre were granted leave to intervene in the case of Nell Toussaint v. Attorney General of Canada by Justice Belobaba on January 14, 2022. Their application was opposed by the Attorney General of Canada. The coalition was represented by well-known human rights lawyer Martha Jackman, past board member who also represented the CHC and CCPI in the Chaoulli case.

Nell Toussaint came to Canada as a visitor from Grenada in 1999, and worked in Canada as an irregular migrant for almost a decade when she developed life-threatening health problems. In 2009, she applied for and was denied access to the Interim Federal Health Program (IFHP) because of her irregular immigration status. The IFHP provides limited, temporary coverage of health care benefits to people who aren’t eligible for provincial or territorial health insurance.

More than 1,500 doctors and other health care professionals have supported her case, and urged the federal government to extend medical coverage to people living in Canada with uncertain immigration status, usually because of insufficient documentation.

She contested her denial in court, but was unsuccessful at the Federal Court and the Federal Court of Appeal under Canada’s immigration law, despite the courts agreeing that her life and long-term health had been put at risk. The Supreme Court of Canada refused to grant Ms. Toussaint leave to appeal these shocking decisions.

Supporter Bruce Porter and a legal team brought her case to the UN Human Rights Committee arguing her rights were violated under the International Covenant on Civil and Political Rights. On August 7, 2018 the Human Rights Committee agreed and ruled Canada must take necessary measures to ensure that no one is denied access to essential health care because of irregular immigration status.

This is the first decision of a UN treaty monitoring body to consider access to health care for irregular migrants as a right to life issue, according to her legal team.

With the UN decision in hand, Nell Toussaint is going to the Ontario Superior Court of Justice to force the government to change its policy, and she is being supported by the Canadian Health Coalition and others.

“The CHC believes that access to health care is of such direct and fundamental importance to every resident of Canada that the administration and operation of Canada’s health care and publicly funded health insurance system must be thoroughly transparent, accountable and subject to rigorous scrutiny for compliance with rights guaranteed by the Charter and international human rights law,” said Steven Staples on behalf of the Canadian Health Coalition in its court application.

(Cover: Nell Toussaint (centre) surrounded by health care supporters. Submitted)

Tags: Racism

Previous Story
NUPGE report warns against privatization through virtual health care
Next Story
Public health care advocates support targeted federal spending boosts for provinces

Related Articles

Those who suffer the most are the most vulnerable: Dakota Tipi Chief on racism in health care

Health files | Government told big pharma is a problem...

Ontario reverses "health care for all"

Health files | Islamophobia in health care

Recent Posts

  • New pharmacare ad campaign launched by Health Coalition and allies Sep 20, 2023
  • ‘Surprised and disgusted’ by doctors pushing privatization Sep 20, 2023
  • 9 million reasons to support dental care plan: MP Don Davies Sep 20, 2023
  • Having some drug coverage does not mean medicines are affordable, says Dr. Lexchin Sep 13, 2023
  • Monique Bégin, visionary feminist and defender of health care equity, has died Sep 11, 2023

Tags

Canada Health Transfer Canadian Health Coalition COVID-19 Dental Care Federal Election 44 Health+Hope 2025 Health Care Workers Health Policy Home care Long-term Care Medicare Mental Health Pharmacare Plasma Privatization Racism Reproductive Health Care Solutions series

Cdn Health Coalition Follow 7,198 6,063

HealthCoalition

Marc-André Gagnon, political economist, debunking the myths against pharmacare. We can afford universal pharmacare @cdn_health @cdnpolitics #pharmacarenow

Image for the Tweet beginning: Marc-André Gagnon, political economist, debunking Twitter feed image.
Reply on Twitter 1704870961768550900 Retweet on Twitter 1704870961768550900 10 Like on Twitter 1704870961768550900 18 Twitter 1704870961768550900
Canadian Health Coalition
2841 Riverside Ave.
Ottawa, Ontario K1V 8X7
+343.558.1788
hello@healthcoalition.ca
  • Home
  • What we do
  • Campaigns
  • News
  • Contact

Find posts prior to January 1, 2021
SearchPostsLogin
Wednesday, 20, Sep
New pharmacare ad campaign launched by Health Coalition and allies
Wednesday, 20, Sep
‘Surprised and disgusted’ by doctors pushing privatization
Wednesday, 20, Sep
9 million reasons to support dental care plan: MP Don Davies
Wednesday, 13, Sep
Having some drug coverage does not mean medicines are affordable, says Dr. Lexchin
Monday, 11, Sep
Monique Bégin, visionary feminist and defender of health care equity, has died
Sunday, 10, Sep
Health Care With Teeth, Part 2: An Update on Dental Care

Welcome back,