Illegal immigrants have no right to free health care: Court
Jul 8, 2011 – 7:00 PM ET | Last Updated: Jul 8, 2011 8:32 PM ET
An illegal immigrant has no right to free medical intervention or ongoing health care under the Charter of Rights, the Federal Court of Appeal has ruled in a precedent-setting decision.
The ruling will help protect Canada from medical tourism, when people come to Canada expressly to get medical treatment paid for by the government, an immigration specialist said.
Nell Toussaint is a citizen of Grenada who came to Canada in 1999 as a visitor. Her visitor’s permit expired six months after her arrival, but she remained here without legal status.
In 2006, she developed kidney problems. She has received free medical care, but much more is needed. In 2008 she applied for a temporary residence permit that would make her eligible for the Ontario Health Insurance Plan. She did not pay the application fee, however, and her application was not processed.
Her health has since deteriorated.
In 2009, she applied to Citizenship and Immigration Canada for medical coverage under the Interim Federal Health Program, which offers emergency medical care for indigent people legally living in Canada. As an illegal immigrant, her application was declined.
With the backing of refugee support organizations and the Canadian Civil Liberties Association Ms. Toussaint appealed to the courts – seeking both to have her application fees to remain in Canada waived and to gain access to health coverage under the Charter of Rights, which grants the right to life and security of the person.
In May she won her appeal on the application fees, with the Federal Court ordering the government to reconsider its refusal. The Federal Court of Appeal, however, did not agree with her position on health care.
“The program could not have been intended to pay the medical expenses of those who arrive as visitors but remain illegally in Canada and who, after the better part of a decade of living illegally in Canada, suddenly choose to try to regularize their immigration status,” says the unanimous decision, written by David W. Stratas and released this week.
“The appellant by her own conduct … has endangered her life and health. The appellant entered Canada as a visitor. She remained in Canada for many years, illegally. Had she acted legally and obtained legal immigration status in Canada, she would have been entitled to coverage.”
The decision has been hailed as a significant and sensible one.
“This case is extremely important because it limits the potential claims that other classes of people in Canada may make for medical coverage, such as visitors or those without any status and under the radar, of which the number is currently unknown but estimated in the hundreds of thousands,” said Sergio Karas, a Toronto-based immigration lawyer and analyst.
Iris Fischer, a lawyer who argued for the Canadian Civil Liberties Association on Ms. Toussaint’s behalf, said covering crucial treatment is in accordance with international and humanitarian principles: “The CCLA is disappointed that the Federal Court of Appeal did not recognize that a denial of health care to Ms. Toussaint in these life threatening circumstances violates her right to life and to equality.”
National Post
ahumphreys@nationalpost.com
The ruling will help protect Canada from medical tourism, when people come to Canada expressly to get medical treatment paid for by the government, an immigration specialist said.
Nell Toussaint is a citizen of Grenada who came to Canada in 1999 as a visitor. Her visitor’s permit expired six months after her arrival, but she remained here without legal status.
In 2006, she developed kidney problems. She has received free medical care, but much more is needed. In 2008 she applied for a temporary residence permit that would make her eligible for the Ontario Health Insurance Plan. She did not pay the application fee, however, and her application was not processed.
Her health has since deteriorated.
In 2009, she applied to Citizenship and Immigration Canada for medical coverage under the Interim Federal Health Program, which offers emergency medical care for indigent people legally living in Canada. As an illegal immigrant, her application was declined.
With the backing of refugee support organizations and the Canadian Civil Liberties Association Ms. Toussaint appealed to the courts – seeking both to have her application fees to remain in Canada waived and to gain access to health coverage under the Charter of Rights, which grants the right to life and security of the person.
In May she won her appeal on the application fees, with the Federal Court ordering the government to reconsider its refusal. The Federal Court of Appeal, however, did not agree with her position on health care.
“The program could not have been intended to pay the medical expenses of those who arrive as visitors but remain illegally in Canada and who, after the better part of a decade of living illegally in Canada, suddenly choose to try to regularize their immigration status,” says the unanimous decision, written by David W. Stratas and released this week.
“The appellant by her own conduct … has endangered her life and health. The appellant entered Canada as a visitor. She remained in Canada for many years, illegally. Had she acted legally and obtained legal immigration status in Canada, she would have been entitled to coverage.”
The decision has been hailed as a significant and sensible one.
“This case is extremely important because it limits the potential claims that other classes of people in Canada may make for medical coverage, such as visitors or those without any status and under the radar, of which the number is currently unknown but estimated in the hundreds of thousands,” said Sergio Karas, a Toronto-based immigration lawyer and analyst.
Iris Fischer, a lawyer who argued for the Canadian Civil Liberties Association on Ms. Toussaint’s behalf, said covering crucial treatment is in accordance with international and humanitarian principles: “The CCLA is disappointed that the Federal Court of Appeal did not recognize that a denial of health care to Ms. Toussaint in these life threatening circumstances violates her right to life and to equality.”
National Post
ahumphreys@nationalpost.com
Bet the Stupid Court of Canada overturns it.
ReplyDeleteUnfortunate turn of events for the lady. However, she made her choices.
ReplyDeleteI agree with Pissedoff, this is a rational decision, it will never stand.
ReplyDeleteGood decision, I just hope it gets easier to legally immigrate into Canada.
ReplyDeleteThere are almost 7'000'000'000 people outside of canada,how many are we expect to take in as bogus Tourists that then choose to not leave and get a Lawyer to make a "refugee" claim.
ReplyDeleteI uncovered a human smuggleing ring in High Park area that was tied to a refugee Centre, the scam was to shuttle Mexican up to canada and cross over to make a refugee claim. Some of the females listed their newborn as American and born in california about 5 months earlier.
So first they screw the USA to have a Anchor-baby on the tax payers dime, then it's so dangerous in the USA they flee to canada with baby as a Refugee. But here's the scam,most of the paper work and Housing is done ahead of time by Lawuers and CUPE workers that mete out Welfare. There was even a large file of Alleged Human Rights violations stories from a news paper to be used for each bogus refugee as from the same town and feared for their life.
canada has a huge $3'000'000'000'000.00 combined debt and growing fast from the MYTH of free-health Care and a magical Money-machine to print Welfare checks and fund Public housing ghettoes that are now part of Toronto's scenery and culture.
Last year 500 people with no ID showed up on B.C.'s coast and got full access to all the Social services and then let go to roam among us.This while I went through hell to replace my Birth Certificate to get Health coverage,I had to prove I was born here or entitled to Social benefits, suspected Terrorists just had their ID printed up by my Government and let go to settle in Toronto and enjoy years of welfare and free legal Aid as a "Refugee"
Agreed, it's a good decision. Our social services are finite, as we're discovering every budget, and it's ridiculous to offer them for free to non-citizens.
ReplyDeleteHaving said that, health insurance premiums should be available to buy into.
Saving peoples lifes is always a good thing.
ReplyDelete