Evaluating Healthcare Access: An Immigrant's Case and Policy Reform

This essay critically evaluates the denial of healthcare access to an immigrant, Nell Toussaint, in Canada, highlighting the policy violations and human rights concerns. Toussaint, an immigrant from Grenada, was denied essential medical services due to her immigration status, leading to severe health complications. The essay discusses the Interim Federal Health Program (IFHP) and its limitations, as well as the UN Human Rights Committee's stance on the rights of irregular migrants to healthcare. It emphasizes the need for policy reforms to ensure equitable access to healthcare for all immigrants, irrespective of their legal status, and underscores the importance of addressing the physical, mental, spiritual, religious, and cultural needs of immigrant patients within healthcare organizations. The essay concludes by advocating for a more humane approach to healthcare policies that prioritizes the basic right to life and security over legal complexities.

Running head: HEALTHCARE
HEALTHCARE
Name of the Student:
Name of the University:
Author Note:

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The access to healthcare opportunities is not fair and equal for all segments of the
population. While the universal health care system prevalent at Canada is conveniently
accessible to the Canadian citizens, the similar is not the case for immigrants. According to
the Canada Health Act, all Canadian citizens are eligible to be covered under the public
health insurance program. The health insurance program covers most of the medical issues.
On the other hand, the immigrants do not enjoy such privileges. The insurance cover for the
immigrants is entirely based upon their immigration status and frankly the immigrants have
limited access to care opportunities (Immigration.findlaw.ca, 2019). This paper would
critically evaluate the case of an immigrant Nell Toussaint who was denied medical
assistance and as a result she ended up suffering from serious medical health conditions. In
this regard, it should also be mentioned that the case is not an example of the violation of an
essential healthcare policy but has also been questioned by the UN Human Rights committee.
In Canada, immigrants and refugees are eligible to avail care under the Interim
Federal Health Program which however provides limited benefits to a person who needs
medical assistance (Immigration.findlaw.ca, 2019). The health program covers doctor and
hospital visits, immunizations as well as pre and post natal care. The health program
specifically assistance to the immigrants who are not eligible for any territorial or provincial
plan.
The immigrant Nell Toussaint had visited Canada in the year 1999. She originally
hails from Grenada and had remained in Canada after finding a suitable employment
opportunity. She had worked for a number of temporary jobs for a long period of time. She
had applied for the process of obtaining a permission for permanent residency in Canada
(Wright, 2019). The process however was delayed on account of her unstable financial
background and serious health condition. Despite her repeated requests for access to
healthcare facilities, she was denied the right to healthcare (Wright, 2019). Although she

2HEALTHCARE
received emergency medical treatment, her health condition required a number of diagnostic
and pathological tests which was denied multiple times. The reason for the same could be
attributed to her not having a health card and at the same time not having enough money to
pay for the medical care facilities. Reports and newsletters reveal that in the year 2009, she
had applied to the Interim Federal Health program which is entitled to cover the medical
services for immigrants (Wright, 2019). She had been denied the access to the program as
well because she was regarded as an undocumented migrant staying in Canada.
This clearly proves that the denial of the IFHP coverage program was a sheer
infringement of her right to life and security. In order to get her coverage she had appealed
both at the Federal Court as well as the Federal Court of Appeal. Unfortunately, her appeal
was overruled with the conclusion that Canada has the right to refuse coverage to an
individual who decides to stay in the county without a legal status. The UN Human Rights
Committee however stated that ‘under the optional protocol of the International Covenant on
Civil and Political Rights, even illegal aliens have an inherent right to life’ (Wright, 2019).
Also, the committee mentioned that member states are not authorized to make a distinction
for the sole purpose of respecting or promoting the right to life between regular or irregular
immigrants. The committee’s unanimous decision was thus in favour of Toussaint and it
demanded that she should be provided a compensation for the vital loss that she suffered.
Also, the committee urged Canada to review its national legislation and ensure that irregular
immigrants have sufficient access to health-care facilities (Wright, 2019).
Therefore, as a result of the policy violation, Toussaint had suffered on the ground of
health issues. In the similar way, a huge number of irregular immigrants are denied the basic
right to life and security.

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At present, the subject of reforming the policy to ensure access to healthcare facilities
for the unregistered immigrants is subject to change and is under discussion by the review
committee. However, on closely analysing the negative impact of the policy violation, it can
be said that there is an increasing need to have a clear policy for the immigrants irrespective
of their legal status. It should be critically realized that the basic right to life and healthcare
opportunities is beyond the complexities of the political or legal legislation and jurisdiction
(Ahmed et al., 2016). It is important to consider the fact that individuals who do possess an
active status have been continuously denied access to basic healthcare facilities and this has
caused immense suffering to them. It is important to introduce reforms that would ensure
healthcare needs are adequately addressed irrespective of the immigration status for
cultivating the spirit of humanity.
Therefore, to conclude, it can be said that acquiring a deeper knowledge about the
immigrant policies and procedure would benefit me significantly as a future Health
Administrative Assistant. It would help me in identifying and understanding the specific
healthcare needs of the immigrants which could serve as valuable inputs and positively guide
the structuring of the immigrant policies in order to address the physical as well as the mental
needs of the immigrants. Further, it would also ensure that essential support materials are
incorporated within the healthcare organization in order to address the spiritual, religious or
cultural needs of the immigrant patient so as to foster effective care.

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References:
Ahmed, S., Shommu, N. S., Rumana, N., Barron, G. R., Wicklum, S., & Turin, T. C. (2016).
Barriers to access of primary healthcare by immigrant populations in Canada: a literature
review. Journal of immigrant and minority health, 18(6), 1522-1540.
Immigration.findlaw.ca (2019). FindLaw Canada | Can non-citizens get free health care?.
[online] Immigration.findlaw.ca. Available at: https://immigration.findlaw.ca/article/can-non-
citizens-get-free-health-care/ [Accessed 16 Feb. 2019].
Wright, T. (2019). Canada violated rights of irregular migrant by denying her essential
health-care: UN Human Rights Committee. [online] The Globe and Mail. Available at:
https://www.theglobeandmail.com/canada/article-canada-violated-rights-of-irregular-
migrant-by-denying-access-to/ [Accessed 16 Feb. 2019].