The Health Care Of The United States

1963 Words8 Pages
Introduction

In 2012, the Governor in Council had passed two orders that would change the way refugees could receive health care. The health care went from being one level to a three tiered system. Some refugees cannot receive fundamental health care with these changes. Refugees from countries like Afghanistan and Iraq will not be able to receive the health care coverage anymore. Medications like insulin and cardiac drugs will not be supplied to some refugees, even though they are lifesaving drugs. Women and children will not be able to receive pre-natal, obstetrical and pediatric care either. This has led to eight main issues, some involving infringements on an individual’s Charter rights.

The two individual applicants in this case are
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Whether the 2012 changes to the IFHP violate s. 7 of the Charter of Rights and Freedoms,
5. Whether the 2012 changes to the IFHP violate s. 12 of the Charter of Rights and Freedoms,
6. Whether the 2012 changes to the IFHP violate s. 15 of the Charter of Rights and Freedoms,
7. Whether any breaches of the Charter can be saved under s. 1 and,
8. What, if any, remedy is appropriate in this case.

Legal Rules Applied to Issues and Decision of Issue

Issue on which case will not turn

Are the OIC’s Ultra Vires the Governor in Council?

The question that must be answered is whether the executive branch of the federal government has the authority to spend money providing health care to individuals seeking protection of Canada as an exercise of the Crown prerogative and if the prerogative has been extinguished by the enactment of the IRPA and the Canada Health Act.

The Court found that this argument is contrary to the applicant’s ultimate interests, because they were only seeking to restore the IFHP to the pre 2012 system, and not wanting the government to spend more money. The prerogative of the Crown can only be abolished or extinguished if there are clear words in a statute. Under s. 17 of the Interpretation Act, it defines how the Crown’s prerogative can be interpreted only in a statute. The OIC merely adopts some terms, like refugee, from the IRPA. It does not
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