Honourable Mark Holland,
Minister of Health
Honourable Mélanie Joly,
Minister of Foreign Affairs
Honourable Dominic LeBlanc,
Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs
Honourable Marc Miller,
Minister of Immigration, Refugees and Citizenship
Honourable Pascale St-Onge,
Minister of Canadian Heritage
Honourable Jenna Sudds,
Minister of Families, Children and Social Development
Honourable Arif Virani,
Minister of Justice and Attorney General of Canada
Dear Ministers,
We are writing to urge Canada to accept the recommendations made during its recent Universal Periodic Review (UPR) at the United Nations Human Rights Council to ensure access to health care without discrimination based on immigration status and to fully implement the decision of the United Nations Human Rights Committee in the case Nell Toussaint v. Canada CCPR/C/123/D/2348/2014 (30 August 2018).
In this landmark decision, the Human Rights Committee found that Canada violated Nell Toussaint’s rights to life and to non-discrimination when she was denied state-funded health care due to her irregular immigration status, endangering her life and causing long-term damage to her health. The Committee stated that Canada “is under an obligation to take steps to prevent similar violations in the future.”
However, Canada refused to implement the Committee’s decision, stating that it disagreed with the Committee’s interpretation of the right to life. According to the Committee, measures must be taken to ensure access to state-funded health care, particularly when life is at risk. Canada’s response has been condemned both nationally and internationally. Disturbingly, when Nell Toussaint sought to assert her rights and challenged Canada’s refusal to implement the Committee’s decision before the Ontario Superior Court of Justice, Canada filed a motion to dismiss the case. In 2022, the Ontario Superior Court of Justice ruled against Canada’s motion, noting that Canada’s attempt to block the case “has no bearing on human rights.”
In the current international context, Canada must set a positive example by recognizing the importance of accountability in international human rights law, including when Canada itself is found to be non-compliant. We therefore strongly urge you to ensure that Canada accepts the UPR recommendations regarding access to health care and commits to fully respecting the decision of the United Nations Human Rights Committee in the Toussaint case.
We thank you for the urgent attention you will give to this crucial matter.
Please accept, dear Ministers, our distinguished salutations.
Alberta Workers Association for Research and Education (AWARE)
Association for the Rights of Household and Farm Workers (DTMF-RHFW)
Quebec Association of Immigration Lawyers (AQAADI)
Barbra Schlifer Commemorative Clinic
Canadian Health Coalition
Canadian Lawyers for International Human Rights (CLAIHR)
Canadian Mental Health Association (CMHA)
Canadian Union of Public Employees (CUPE)
Quebec Federation of Labour (CSQ)
Immigrant Workers Centre (CTTI-IWC)
Centre for Spanish Speaking Peoples
Colour of Poverty – Colour of Change
Community Alliance for Accessible Treatment
Council of Canadians with Disabilities
Migrant Council – Migrant Health
Collaborative Network to End Exploitation
FCJ Refugee Centre
Federation of Quebec Workers (FTQ)
Feminist Alliance for International Action
Foyer du Monde
Healthcare for All Coalition
HIV & AIDS Legal Clinic of Ontario (HALCO)
HIV Legal Network
IAVGO Community Legal Clinic
International Migrants Alliance (IMA) – Canada
Illusion Emploi de l’Estrie
Justice Institute
Legal Assistance of Windsor
Le Québec c’est nous aussi (LQCNA)
League of Rights and Freedoms
Madhu Verma Migrant Justice Centre
Doctors of the World Canada
Migrante Alberta
Migrante Canada
Montreal Community Mission
Mississauga Community Legal Services
Migrant Workers Alliance for Change
Migrante Ontario
Neighbourhood Legal Services
Parkdale Community Legal Services
PEI Action Team for Migrant Workers Rights
RAMA Okanagan
Sanctuary Health Vancouver
Sanctuary Students Support and Solidarity (S4) Collective
National Association of Women and the Law
Social Rights Advocacy Centre
South Asian Legal Clinic of Ontario
Table of Concertation for Organizations Serving Refugees and Immigrants
Unison Health and Community Services
Vancouver Committee for Domestic Workers and Caregivers Rights
Workers’ Action Centre
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Jane Bailey, Professor, University of Ottawa Faculty of Law
Michaela Beder, MD FRCPC, Psychiatrist, Assistant Professor, University of Toronto
Camille Betencourt – PhD student, Université Laval
Wendell Block, MD
Susan B. Boyd, Professor Emerita, University of British Columbia
Vincent Calderhead, Lawyer
Dr. Angela Cameron, Associate Professor, University of Ottawa Faculty of Law
Rebecca J. Cook, C.M, J.D., J.S.D., F.R.S.C., Professor Emerita, Faculty of Law, University of Toronto
François Crépeau, Professor of Public International Law, McGill University
Fay Faraday, Associate Professor, Osgoode Hall Law School
Martin Gallié, Professor, Department of Legal Sciences, Université du Québec à Montréal
Elaine Gibson, Professor of Law, Schulich School of Law, Dalhousie University
Michaela Hynie, Professor, Centre for Refugee Studies, York University
Nisha Kansal, MD CCFP, Family Physician, Toronto ON
Karinne Lantz, Part-time Professor & PhD Candidate, Schulich School of Law, Dalhousie University
D.J. Larkin
Alan Li, MD
Jamie Liew, Professor, University of Ottawa, Faculty of Law
Diana Majury, Professor Emerita, Carleton University
Kristin Marshall, Lawyer/trainer, Toronto
Alex Neve, OC, Adjunct Professor, Faculties of Law, University of Ottawa and Dalhousie University
Sahar Raza, Director of Policy and Communications, National Right to Housing Network
Vanessa Redditt, MD CCFP, Lecturer, Faculty of Medicine, University of Toronto
Sanda Rodgers, Professor Emerita, Faculty of Law, University of Ottawa
Elizabeth Sheehy, Professor Emerita of Law, University of Ottawa
Colleen Sheppard, FR Scott Chair in Public & Constitutional Law, Faculty of Law, McGill University
Christine Vézina, Professor, Faculty of Law, UL
Sheila Wildeman, Associate Professor, Schulich School of Law, Associate Director, Dalhousie Health
Margot Young, Professor, Allard School of Law, University of British Columbia
Edward Xie, Assistant Professor, Faculty of Medicine, University of Toronto