Law Times

Page 12 March 3, 2014 • Law TiMes www.lawtimesnews.com embers of the Ca- nadian Association of Refugee Lawyers are on tenterhooks as they await judgment in the first case to feature the 2-1/2-year-old group as a party. Since its formation in late 2011, the association has intervened in a number of cases, including at the Supreme Court of Canada. But for the constitutional challenge to ref- ugee health-care cuts, the organi- zation teamed up with Canadian Doctors for Refugee Care, Justice for Children and Youth, and two former refugee claimants to spear- head the litigation. Together, the groups allege that cuts to the interim federal health program threaten the rights to life and security of the person, amount to cruel and unusual treatment, and discriminate against certain refugees, thereby breaching ss. 7, 12, and 15 of the Charter of Rights and Freedoms. In addition, they claim the federal government has failed to meet its international ob- ligations to provide basic health care under United Nations con- ventions relating to the rights of children and the status of refugees. Arguments wrapped up in January aer three days of hear- ings before Federal Court Justice Anne Mactavish, and association counsel Maureen Silcoff can't wait to hear the result. "It's going to be very interest- ing to see the court's decision. ere is a lot of evidence to look over," she says. Silcoff says it was important for the association to take party sta- tus in the litigation because of the difficulty in finding individuals to represent the full range of people affected by the cuts. e two in- dividuals recruited as parties are failed refugee claimants from the former refugee system who face no danger of removal from Can- ada. She says refugee claimants currently embroiled in the sys- tem are understandably reticent to take a public stand against the government. "It was important to be a party because we're not just presenting another legal perspective here," says Silcoff. "[e association] is stepping in to give a voice to peo- ple in the refugee system who were simply unable to come forward. ey face a dilemma in coming forward because they're asking the government to give them refugee status. If they join the litigation, then at the same time they would be criticizing the government for its treatment of them. eir status in the country is very precarious." Silcoff says the poor health of the refugee claimants most affected by the cuts also makes them unsuitable for the rigours of a court battle while others worry about putting their names in the public domain for safety reasons in the event the government eventually deports them back to their country of origin. e wheels of the challenge were set in motion in April 2012 when then-citizenship and im- migration minister Jason Kenney unveiled his plan to cut the federal program to match provincial in- surance coverage using an order in council. e cuts, which took ef- fect in June 2012, removed cover- age for supplemental health-care services such as drugs, dental, and vision care. e program would cover medication and immuniza- tion only where there was a risk to public health or safety. For failed claimants and those from designated countries, the government removed even the basic coverage. As a result, it will provide only for emergency care necessary to protect public health. A number of provinces, in- cluding Ontario, Alberta, Mani- toba, Saskatchewan, Nova Scotia, and Quebec, have stepped up to fill in some of the gaps with On- tario's intervention causing a po- litical stir during the period when the challenge was before the court. In December, Deb Matthews, On- tario's minister of health and long- term care, announced the Ontario temporary health program would restore primary care and medica- tion coverage to those affected by the cuts while promising to "send the federal government the bill to pay back what they owe." en in January, Immigration Minister Chris Alexander issued a sharp rebuke. He touted $600 million in savings on welfare, edu- cation, and health-care costs since the reforms thanks to a sharp drop in refugee claims. "is is reckless policy," Al- exander said in a statement. "It will force Ontario taxpayers and their families to line up for care behind failed asylum seekers, and it will make Canada — and Ontario in particular — a bigger magnet for bogus asylum seek- ers in the future." Silcoff says any health-care savings as a result of the cuts are illusory because they simply shi costs onto another set of taxpayers at the provincial level. "Although people are getting some assistance, it doesn't really allow the federal government to say, 'Well, we don't have to cover refugees.' It's still a federal respon- sibility," she says. Janet Dench, executive direc- tor of the Canadian Council for Refugees, views Alexander's com- ments as part of a larger attempt to "divide newcomers from citizens." "e dominant argument made by the federal government is that they're cutting because they don't want refugees to have more than citizens, which is absurd be- cause they never have," she says. "To suggest that claimants are somehow getting special privileges feeds into xenophobia and increases anti-refugee senti- ment, which for us is extremely worrying." LT Association takes on refugee health cuts Group eagerly awaits decision on constitutional challenge FOCUS Inside you will find: ȕ BOVQUPEBUFBMQIBCFUJDBMMJTUJOHof more than 78,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges in Canada; ȕ DPOUBDUJOGPSNBUJPO for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown corporations; ȕ MFHBMBOEHPWFSONFOUDPOUBDUJOGPSNBUJPOrelated to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid, and other law-related offices of importance. MORE THAN A PHONE BOOK Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Hardbound Published February each year On subscription $159 L88804-627 One-time purchase $176 L88804-627 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. CANADIAN LAW LIST 2014 Untitled-7 1 13-12-19 3:17 PM BY mIcHAel mcKIeRNAN For Law Times M 'To suggest that claimants are somehow getting special privileges feeds into xeno- phobia and increases anti-refugee senti- ment, which for us is extremely worrying,' says Janet Dench.

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