A/HRC/41/34/Add.2
V. Additional remaining challenges
A.
Other groups in vulnerable situations
85.
The Interim Federal Health Program in Canada provides limited, temporary healthcare coverage to asylum seekers. The programme was restricted in 2012 but reinstated in
2014 with some changes, pursuant to a decision by the federal court that ruled the cut had
been “cruel and unusual” and therefore unconstitutional; the programme was fully restored
in 2016. The reinstatement brought confusion among individuals looking for health-care
coverage under the programme and among providers, including pharmacies, which
continued mistakenly to believe that goods and services were either not covered under the
programme or could only be obtained through a complex process.
86.
By law, no person in Canada can be denied emergency and life-saving medical
services. While asylum seekers for the most part can gain access to health care in Canada,
persons with no immigration status cannot. As a common rule, provinces and territories
require that identification documents be shown in order to gain access to health care. In
Montreal, the Special Rapporteur visited a migrant clinic of the organization Doctors of the
World that offers a wide-range of health-care services to migrants in precarious situations
who have neither public or private health insurance nor the financial means to gain access
to health care. The clinic has increasingly provided health care to children who were born
in Quebecand are therefore Canadian citizens but who have no public health coverage
owing to obstacles in obtaining a health insurance card.
87.
Access to the Interim Federal Health Program should be ensured without
discrimination based on immigration status.34 At the very minimum, Canada should ensure
public health care to all migrants in cases of infectious diseases, including access to
screening, diagnosis, treatment and follow-up. Moreover, all girls and women, regardless of
their migration status, should have access to complete perinatal care and to sexual and
reproductive services, including voluntary interruption of pregnancy, and all children born
in Canada and abroad should have free access to health care regardless of their parent’s
immigration status.
88.
In Quebec, the Special Rapporteur collected many testimonies of persons in
situations of poverty who faced barriers in gaining access to health care owing to
communication gaps and difficulties in interacting with health-care personnel because of
their different contexts and life experiences and the tendency of health-care personnel to
use expert medical language. This led to prejudice, social distance and miscommunication,
which discourages persons in situations of poverty from seeking health care or following
medical advice and pushes health-care personnel to diagnose and indicate treatment quickly
without full consideration of the barriers that persons in situation of poverty face.
89.
The health care of incarcerated women remains a challenge. Overall, health care is
the most common complaint before the Office of the Correctional Investigator, the
ombudsman for federal offenders. Regarding women, the Special Rapporteur was informed
that some prisons lacked sex-specific health care, including hormonal contraception,
abortion, prenatal care and breastfeeding support, clinical care and supplies while
menstruating. The experience of incarcerated pregnant women had not been documented
and there was a lack of disaggregated data by race or gender about health-related
experiences and outcomes of incarceration. Furthermore, with the exception of Quebec,35
there were no provincial monitoring bodies similar to the Office of the Correctional
Investigator, and some provinces, including Nova Scotia, had no requirements for a public
inquiry when a prisoner died in provincial custody. All prisons should ensure health care
for women and data collection to monitor the progression of incarcerated women’s health.
34
35
See E/C.12/CAN/CO/6, para. 50.
The Protecteur du citoyen is the correctional Ombudsman for incarcerated persons in 1 of the 18
operating correctional facilities under the responsibility of the QuebecDepartment of Public Security.
See https://protecteurducitoyen.qc.ca/en/about-us/role-and-mandates.
17
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