The Canadian government has frequently argued in court that social and economic rights—including the right to health—are merely ‘policy objectives’ that are not subject to judicial intervention.
In Eldridge v. British Columbia, in the context of the provision of sign language, the Supreme Court found that the government should ensure that disadvantaged members of society have equal access to benefits.
[10] In a later case about the provision of autism services, Auton v. British Columbia, the Court narrowed the Eldridge approach by requiring that protected benefits be ones “provided by law”.
[11] Though a substantive equality approach to section 15 has had limited success in remedying health and other social and economic rights violations of disadvantaged groups, Colleen Flood, one of Canada's leading health law professors, argues that failed claims can contribute to furthering equality by illuminating a problem and generating political support for its resolution.
As of its date of effect on 30 June 2012, IFHP divides asylum seekers into three categories with differing levels of health coverage depending upon the person's country of origin.
[18][19] The heads of eight major professional associations including nurses, social workers, and physicians signed a letter opposing the cuts, demanding that pre-2012 refugee health provision be restored.
For example, in Andrews v. Law Society of British Columbia, the Court held that citizenship is an analogous ground since it was a personal characteristic “typically not within the control of the individual, and in this sense, is immutable.”[30] In Lavoie v. Canada, the Court held that “non-citizens suffer from political marginalization, stereotyping and historical disadvantage.”[31] Recent studies have identified significant gaps in health care coverage for female refugees, particularly in the areas of pregnancy and mental health care.
[33] Disparities have further been identified in the area of perinatal care, where uninsured migrant women are shown to receive less overall coverage than their insured counterparts, in addition to paying for diagnostic, physician, and hospital fees, leading to less than optimal outcomes.
A 2012 study showed that roughly sixty percent of government-assisted refugees had no English or French language skills, therefore acting as a deterrent to accessing proper health care.
[39] In a study of Tamil and Iranian female refugees in Canada, instances of mental symptoms such as recurring nightmares, emotional detachment, hyper vigilance, and difficulty concentrating have been noted.
[40] Moreover, it has been observed that youth who have experienced living as refugees demonstrate higher levels of emotional problems and aggressive behaviors due to past traumas.
[41] It was further noted that instances of post arrival trauma, in the form of discrimination based on race or refugee status, have significant negative effects on mental outcomes for youth.
[41] A study on political violence asylum seekers detained in Canada also found that post-migration immigration status predicted the development of PTSD symptoms almost as strongly as rape or sexual assault.