Cases & Decisions

Canada v Canadian Doctors for Refugee Care et al [Appeal, Refugee Health Care]

Court: Federal Court of Appeal, 2015

The hearing originally scheduled for Oct 26 – 27, 2015 was adjourned following the elections; and the appeal by the government was subsequently withdrawn.

In June 2012, the Federal government made cuts to healthcare insurance provided to refugee claimants under the Interim Federal Health Program (IFHP). The Canadian Doctors for Refugee Care (CDRC), the Canadian Association of Refugee Lawyers (CARL) and Justice for Children and Youth (JFCY) filed an application for judicial review of these cuts, along with two individual applicants.

On July 4, 2014, Justice Mactavish of the Federal Court found a breach of two Charter provisions: s. 12 (cruel and unusual treatment, especially as it pertains to children) and s. 15 (different treatment based on Designated Countries of Origin category); and gave the government 4 months to comply with her order. For more information about this decision, click here.

In late September 2014, the government appealed to the Federal Court of Appeal.

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