{"id":71,"date":"2015-01-28T04:12:56","date_gmt":"2015-01-28T04:12:56","guid":{"rendered":"http:\/\/canadafirst.nfshost.com\/?p=71"},"modified":"2015-01-28T04:12:56","modified_gmt":"2015-01-28T04:12:56","slug":"out-of-control-federal-judge-rules-failed-refugees-entitled-to-full-medical-benefits","status":"publish","type":"post","link":"https:\/\/canadafirst.nfshost.com\/?p=71","title":{"rendered":"Out-of-Control Federal Judge Rules Failed Refugees Entitled to Full Medical Benefits"},"content":{"rendered":"<h1 style=\"text-align: center;\" title=\"Case deals a blow to get-tough federal policy toward refugees from countries the government considers safe\"><span style=\"color: #ff0000; font-size: xx-large;\">Out-of-Control Federal Judge Rules Failed Refugees Entitled to Full Medical Benefits<\/span><\/h1>\n<p title=\"Case deals a blow to get-tough federal policy toward refugees from countries the government considers safe\"><span style=\"font-size: large;\">A Federal judge had decreed that failed &#8220;refugee&#8221; claimants are once again to have more benefits\u00a0 than poor Canadians and that taxpayers must continue to PAY for people who chose to drop in and make a &#8220;refugee&#8221; claim.<\/span><\/p>\n<p title=\"Case deals a blow to get-tough federal policy toward refugees from countries the government considers safe\"><span style=\"font-size: large;\">The <strong><span style=\"text-decoration: underline;\">Globe and Mail<\/span><\/strong> (July 4, 2014) reported: &#8220;The Conservative government\u2019s latitude to choose its own policies was curtailed yet again on Friday when a judge called health-care cuts for failed refugee claimants, and those from countries deemed by Ottawa to be safe, a form of \u201ccruel and unusual treatment\u201d and ruled them unconstitutional.<\/span><\/p>\n<div>\n<div>\n<div>\n<p><a title=\"\" href=\"http:\/\/cas-ncr-nter03.cas-satj.gc.ca\/rss\/T-356-13%20Cdn%20Doctors%20v%20AGC%20Judgment%20and%20Reasons.pdf\" target=\"_blank\"><span style=\"color: #0066cc; font-size: large;\">The ruling<\/span><\/a><span style=\"font-size: large;\"> by Justice Anne Mactavish of the Federal Court in Ottawa was the latest sign that the executive branch of government and the judiciary are in open conflict. &#8230;<\/span><\/p>\n<p><span style=\"font-size: large;\">So rare is the use of Section 12 of the Canadian Charter of Rights and Freedoms \u2013 \u201ccruel and unusual treatment or punishment\u201d \u2013 that neither the government nor the refugees\u2019 representatives were able to identify a single successful claim outside of criminal cases. &#8230;<\/span><\/p>\n<p><span style=\"font-size: large;\">Justice Mactavish said the government\u2019s two-year-old policy of denying health care to certain classes of failed refugee claimants amounted to cruel and unusual treatment because it intentionally targeted vulnerable children and adults. She said it put at risk \u201cthe very lives of these innocent and vulnerable children in a manner that shocks the conscience and outrages our standards of decency.\u201d She gave the government four months to restore the health-care funding. &#8230;<\/span><\/p>\n<p><span style=\"font-size: large;\">In this case, the government argued that it had the right to try to deter bogus claimants from coming to Canada, or overstaying, by denying them medical care, except where they had diseases that could spread to others. It said the cuts would save $80-million over four years, and those denied care could turn to charity, emergency rooms or private insurance.<\/span><\/p>\n<p><span style=\"font-size: large;\">Immigration Minister Chris Alexander said the government will appeal the ruling. \u201cFailed claimants and those from safe countries like the U.S. or Europe should not be entitled to better health care than Canadians receive.\u201d (The government would need to seek a stay of Justice Mactavish\u2019s order if it wishes to continue with the cuts while an appeal is being heard.)&#8221;<\/span><\/p>\n<p><span style=\"font-size: large;\">Don&#8217;t forget these are &#8220;failed&#8221; refugee claimants. Even under our permissive interpretation of &#8220;refugee&#8221;, these people have not passed muster. However, as long as they are here, they are entitled to more benefits (like full dental care) than poor Canadians whose families may have been here for 10 generations.<\/span><\/p>\n<p><span style=\"font-size: large;\">Justice Mactavish&#8217;s inane ruling continues the reasoning of the ludicrous 1985 &#8220;Singh&#8221; decision by the Supreme Court which held that anyone, anyone, who could put his tiny toe on Canadian soil had a RIGHT to make a refugee claim and be given a formal hearing. Furthermore, while here, the claimant had ALL the rights of a Canadian citizen, except the right to vote. That meant the foreign would-be &#8220;refugee&#8221; was entitled to legal aid, welfare, medical care, public housing and language and job training. And, of course, the taxpayers must PAY the freight for someone we had not invited and who had simply decided to drop by.<\/span><\/p>\n<p><span style=\"font-size: large;\">Through the requirement of visas for certain problem countries (Czechoslovakia and its Gypsies), the government has tried to stem the flow of bogus refugees, seeking merely an opportunity to collect welfare in Canada for years on end and get their bodies and teeth tuned up through our health care system.<\/span><\/p>\n<p><span style=\"font-size: large;\">The only real long-range solution is to use Sec.\u00a033 of the Constitution, the &#8220;notwithstanding clause&#8221; and reverse the Singh Decision and Justice Mactavish&#8217;s ruling. A sane immigration policy would stipulate that the ONLY way to enter Canada as an immigrant or &#8220;refugee&#8221; would be to apply and be vetted abroad.<\/span><\/p>\n<p><span style=\"font-size: large;\">And tonight, I received this e-mail from John McCallum Liberal Party critic for immigration, clearly showing that the Liberals are eager to make Canadians continue to have to pay tens of millions of dollars to support bogus &#8220;refugee&#8221; claimants.<\/span><\/p>\n<p>&#8220;<em><span style=\"color: #ff0000;\">Paul &#8212;<\/span><\/em><\/p>\n<p><em><span style=\"color: #ff0000;\">Last Friday, the Federal Court ruled that the <strong>Harper government&#8217;s &#8220;cruel and unusual&#8221; cuts to refugee health care were unconstitutional<\/strong>. Sadly instead of respecting the Court&#8217;s decision, the Conservatives have chosen to appeal it.<\/span><\/em><\/p>\n<p><em><span style=\"color: #ff0000;\">Liberals have been calling on the Harper government to reverse these cuts since they were first announced.<\/span><\/em><\/p>\n<p><a href=\"http:\/\/metrics.mmailhost.com\/?r=MTAwMg0KSjIyODA4MC1MUEMtMS0xNDUwNC0NCjE2NTIxNTgNCjE3ZTAwMDAwMDBlZDJiOA0KaHR0cDovL3BldGl0aW9uLmxpYmVyYWwuY2EvY2FsbC1oYXJwZXItcmVzdG9yZS1yZWZ1Z2VlLWhlYWx0aC1jYXJlLz91dG1fc291cmNlPWxpYmVyYWwmdXRtX21lZGl1bT1lbWFpbCZ1dG1fY2FtcGFpZ249cmVmdWdlZV9jYXJlXzIwMTQwNzA3DQp0cnVlDQpwYXVsQHBhdWxmcm9tbS5jb20%3d\" target=\"_blank\"><strong>Join us now: click here to sign our petition.<\/strong><\/a><\/p>\n<p><em><span style=\"color: #ff0000;\">Canada is known around the world as a place of compassion and a safe haven for those fleeing the most terrible conditions imaginable. But the Conservative government has repeatedly put that reputation at risk with their changes to our refugee system.<\/span><\/em><\/p>\n<div><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/scontent-a-lga.xx.fbcdn.net\/hphotos-xfp1\/v\/l\/t1.0-9\/10481859_321302701369310_8852324365148619461_n.jpg?oh=ed953c32eb10fe92000c9703643585ec&amp;oe=545A48CB\" alt=\"Photo: Out-o-Control Federal Judge Rules Failed Refugees Entitled to Full Medical Benefits\n\nA Federal judge had decreed that failed &quot;refugee&quot; claimants are once again to have more benefits  than poor Canadians and that taxpayers must continue to PAY for people who chose to drop in and make a &quot;refugee&quot; claim.\n\nThe Globe and Mail (July 4, 2014) reported: &quot;The Conservative government\u2019s latitude to choose its own policies was curtailed yet again on Friday when a judge called health-care cuts for failed refugee claimants, and those from countries deemed by Ottawa to be safe, a form of \u201ccruel and unusual treatment\u201d and ruled them unconstitutional.\n\nThe ruling by Justice Anne Mactavish of the Federal Court in Ottawa was the latest sign that the executive branch of government and the judiciary are in open conflict. ... \n\nSo rare is the use of Section 12 of the Canadian Charter of Rights and Freedoms \u2013 \u201ccruel and unusual treatment or punishment\u201d \u2013 that neither the government nor the refugees\u2019 representatives were able to identify a single successful claim outside of criminal cases. ... \n\nJustice Mactavish said the government\u2019s two-year-old policy of denying health care to certain classes of failed refugee claimants amounted to cruel and unusual treatment because it intentionally targeted vulnerable children and adults. She said it put at risk \u201cthe very lives of these innocent and vulnerable children in a manner that shocks the conscience and outrages our standards of decency.\u201d She gave the government four months to restore the health-care funding. ...\n\nIn this case, the government argued that it had the right to try to deter bogus claimants from coming to Canada, or overstaying, by denying them medical care, except where they had diseases that could spread to others. It said the cuts would save $80-million over four years, and those denied care could turn to charity, emergency rooms or private insurance.\n\nImmigration Minister Chris Alexander said the government will appeal the ruling. \u201cFailed claimants and those from safe countries like the U.S. or Europe should not be entitled to better health care than Canadians receive.\u201d (The government would need to seek a stay of Justice Mactavish\u2019s order if it wishes to continue with the cuts while an appeal is being heard.)&quot;\n\nDon't forget these are &quot;failed&quot; refugee claimants. Even under our permissive interpretation of &quot;refugee&quot;, these people have not passed muster. However, as long as they are here, they are entitled to more benefits (like full dental care) than poor Canadians whose families may have been here for 10 generations.\n\nJustice Mactavish's inane ruling continues the reasoning of the ludicrous 1985 &quot;Singh&quot; decision by the Supreme Court which held that anyone, anyone, who could put his tiny toe on Canadian soil had a RIGHT to make a refugee claim and be given a formal hearing. Furthermore, while here, the claimant had ALL the rights of a Canadian citizen, except the right to vote. That meant the foreign would-be &quot;refugee&quot; was entitled to legal aid, welfare, medical care, public housing and language and job training. And, of course, the taxpayers must PAY the freight for someone we had not invited and who had simply decided to drop by.\n\nThrough the requirement of visas for certain problem countries (Czechoslovakia and its Gypsies), the government has tried to stem the flow of bogus refugees, seeking merely an opportunity to collect welfare in Canada for years on end and get their bodies and teeth tuned up through our health care system.\n\nThe only real long-range solution is to use Sec. 22 of the Constitution, the &quot;notwithstanding clause&quot; and reverse the Singh Decision and Justice Mactavish's ruling. A sane immigration policy would stipulate that the ONLY way to enter Canada as an immigrant or &quot;refugee&quot; would be to apply and be vetted abroad.\n\nAnd tonight, I received this e-mail from John McCallum Liberal Party critic for immigration, clearly showing that the Liberals are eager to make Canadians continue to have to pay tens of millions of dollars to support bogus &quot;refugee&quot; claimants.\n\n&quot;Paul -- \n\n Last Friday, the Federal Court ruled that the Harper government's &quot;cruel and unusual&quot; cuts to refugee health care were unconstitutional. Sadly instead of respecting the Court's decision, the Conservatives have chosen to appeal it. \n\n Liberals have been calling on the Harper government to reverse these cuts since they were first announced.  \n\nJoin us now: click here to sign our petition. \n\n Canada is known around the world as a place of compassion and a safe haven for those fleeing the most terrible conditions imaginable. But the Conservative government has repeatedly put that reputation at risk with their changes to our refugee system. \n\nPaul Fromm\n\nDirector\n\nCANADA FIRST IMMIGRATION REFORM COMMITTEE\" width=\"320\" height=\"180\" \/><\/div>\n<div>\n<form action=\"http:\/\/ajax\/ufi\/modify.php\" method=\"post\" target=\"_blank\">\n<div>\n<div>\n<div>\n<div><\/div>\n<div><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/form>\n<\/div>\n<p><strong><span style=\"color: #0000ff; font-size: xx-large;\">Paul Fromm<\/span><\/strong><\/p>\n<p><strong><span style=\"color: #0000ff; font-size: xx-large;\">Director<\/span><\/strong><\/p>\n<p><span style=\"color: #0000ff; font-size: xx-large;\"><strong>CANADA FIRST IMMIGRATION REFORM COMMITTEE<\/strong><\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Out-of-Control Federal Judge Rules Failed Refugees Entitled to Full Medical Benefits A Federal judge had decreed that failed &#8220;refugee&#8221; claimants are once again to have more benefits\u00a0 than poor Canadians and that taxpayers must continue to PAY for people who chose to drop in and make a &#8220;refugee&#8221; claim. The Globe and Mail (July 4, [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[14],"_links":{"self":[{"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/71"}],"collection":[{"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=71"}],"version-history":[{"count":1,"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/71\/revisions"}],"predecessor-version":[{"id":72,"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=\/wp\/v2\/posts\/71\/revisions\/72"}],"wp:attachment":[{"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=71"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=71"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/canadafirst.nfshost.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=71"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}