Factum of the Charter Committee on Poverty Issues and the Canadian Health Coalition in: Canada (Attorney General) v. Canadian Doctors for Refugee Care (Federal Court of Appeal)

Abstract

The Charter Committee on Poverty Issues (CCPI) together with the Canadian Health Coalition, sought leave to intervene in before the Federal Court of Appeal to challenge Juctice Mactavish's finding, at trial, that depriving refugees of federal health benefits did not violate of the rights to life and to security of the person guaranteed under section 7 of the Charter. The intervention sought to challenge this finding, and the implication that those who rely on publicly funded health care do not enjoy the same level of section 7 protection found, in the 2005 Supreme Court of Canada decision in Chaoulli v Quebec (Attorney General), to apply to those who can afford privately funded health care. The CCPI/CHC application for leave to intervene was rejected by the Federal Court of Appeal.