Court challenge of refugee health care cuts to be launched

OTTAWA – Doctors and lawyers serving refugees to Canada are teaming up to launch a court challenge of the federal government’s cuts to supplemental health care for refugees, arguing they are unconstitutional and illegal.

The Canadian Association for Refugee Lawyers, Canadian Doctors for Refugee Care and three patients argue the cuts, which came into effect last July, violate human rights as protected by the Charter of Rights and Freedoms and cause unwarranted suffering to individuals and costs to the health care system.

It is an argument they will ask the Federal Court of Canada to examine, a plan to be unveiled during a press conference to be held in Toronto on Monday.

Immigration Minister Jason Kenney rolled back supplemental health benefits covered on the Interim Federal Health Program for some refugees on July 1, 2012.

Previously, the $84-million program provided basic medical care as well as supplemental benefits like vision care, dental work and prescriptions to most refugees until they qualified for provincial care.

The cuts left refugees not selected by the federal government or private-sponsored with federal financial assistance with just basic medical care.

Canadian Doctors for Refugee Care has been monitoring the impacts ever since and say patients have been left confused and without assistance in some cases.

The group of doctors documented the impacts outlining cases where patients were denied necessary surgeries, immunizations, medication or treatment.

The Conservative government has consistently defended the cuts saying the changes will deter unfounded refugee claims and add equity to the system since Canadians themselves don’t get the benefits offered under the program.

Refugees will still receive basic health coverage, comparable to provincial programs, and medication and immunizations will be provided in cases where there is a risk to public health. The government expects the cuts will save taxpayers $100 million over five years.

Lawyers forwarding the case say they expect the case to be fought all the way to the Supreme Court of Canada.