TORONTO — The Federal Court of Appeal has rejected an illegal immigrant’s bid to have her medical treatments covered under Canada’s health-care system, saying it could undermine immigration laws and turn the country into a "health-care safe haven." The three-judge panel ruled against Nell Toussaint, a Grenadan citizen who came to Canada as a visitor in 1999 and settled in Toronto.
Toussaint’s health began to deteriorate in 2006 and over the years, she suffered from a number of conditions, including uterine fibroids, blood clots, tumours and hypertension.
Unable to pay her medical bills, Toussaint applied to become a permanent resident in 2008 so she could be covered under Ontario’s health insurance program. She also applied for a temporary residence permit.
But she didn’t pay the application fees and as a result, neither request was considered.
She later sought medical coverage from the federal government under a 1957 Order in Council that provides emergency care for people making their way through the immigration system.
When the government refused, she brought the matter to federal court, arguing the decision violated her rights to life and security of the person under the Charter of Rights and Freedoms. The court dismissed her case.
A second appeal was shot down in a decision released Friday.
Justice David Stratas wrote in the decision Toussaint was not entitled to federal health coverage because she wasn’t involved in the immigration process.
The Order in Council, he wrote, "could not have been intended to pay the medical expenses of those who arrive as visitors but remain illegally in Canada and who, after the better part of a decade of living illegally in Canada, suddenly choose to try to regularize their immigration status."
Stratas argued granting Toussaint health-care coverage would set a precedent that could encourage others to travel to Canada illegally in search of free medical treatment.
"Canada could become a health-care safe haven, its immigration laws undermined," he wrote.
Touissant’s individual fight for health care may not be over yet. Another court has ruled the government must consider waiving the fees on her application for permanent residence.
If her application is accepted, she may become eligible for health coverage in Ontario.
Poster Comment:
She needs to seek health care in her country (Grenada), but is apparently too stupid to realize it. A darwin award candidate.
