Cuts to refugee health care puts lives at risk, says Federal Justice

Federal Court rules that the Conservative government's cuts to health care are "cruel and unusual treatment" and amount to violations of equality rights in Canada. 

Ottawa (07 Juy 2014) — The Federal Court announced a victory today for those refugees who have had their health care due to cuts by the Conservative government.

Government intentionally set out to make lives of refugees more difficult says ruling

In her decision, Justice Anne MacTavish wrote, "With the 2012 changes to the Interim Federal Health Program, the executive branch of the Canadian government has intentionally set out to make the lives of these disadvantaged individuals even more difficult than they already are in an effort to force those who have sought the protection of this country to leave Canada more quickly, and to deter others from coming here.”

The case was brought forward by the Canadian Association of Refugee Lawyers, Justice for Children and Youth, and the Canadian Doctors for Refugee Care when the government created a two tiered system for refugees two years ago. Refugees are now slotted into two categories of claimants: those from designated countries of origin and those who are not.  For those who are not from designated countries, have had their health care coverage stripped down to the very basics but now do not have access (except through the emergency room in a crisis) to for more serious issues including pregnant women, children and those with potential heart conditions. At the time, there was a great outcry from doctors and those working with refugees who understood the harm this would inflict.

Government painted picture perpetuating negative sterotype of refugees, Justice MacTavish wrote

"The limits on refugee health care demean and endanger those from countries the government deems safe, she said.

“It puts their lives at risk, and perpetuates the stereotypical view that they are cheats, that their refugee claims are ‘bogus,’ and that they have come to Canada to abuse the generosity of Canadians. It undermines their dignity and serves to perpetuate the disadvantage suffered by members of an admittedly vulnerable, poor and disadvantaged group."

"This is a great ruling," says James Clancy, National President of the National Union of Public and General Employees (NUPGE). "People have come to Canada to seek refuge, and the Conservative government treats them like criminals. Taking away critical health care is ensuring children and families are destined for pain and poverty. It speaks to the true nature of this government that it thinks these cuts are something Canadians would accept. We don't, and thankfully, our courts won't either."

Conservative government instructed to reinstate health care coverage to pre-2012 levels in four months

The government has been given four months to make changes to reinstate health care coverage to pre-2012 levels. The Conservative government, through Immigration Minister Chris Alexander has promised to appeal the ruling. Alexander continued today to refute the facts of the case, claiming that refugees would be receiving better treatment than Canadians receive and suggesting refugee health care costs are too high. No proof has been presented for either statement, yet clear examples have been presented as to how people are being harmed by the cuts. 

As reproted by the Toronto Star, “Lorne Waldman, lead counsel on the case and president of the Canadian Association of Refugee Lawyers said, "With today’s decision, the Federal Court has recognized that the government’s cuts to refugee health care violate the fundamental rights enshrined in the Charter of Rights and Freedoms, without any lawful justification."

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE