Refugee health cuts: Not cruel but unusual – Colby Cosh

Colby Cosh takes a self-critical look at journalists and commentators on how they influenced the refugee claimant healthcare decision:

This is pleasing to the ego, yet I am not as confident as Justice Mactavish that the Conservative cuts to the old refugee health arrangements are shocking to Canadians. One obvious problem with using pundits as an index of conscience is that people who are angry about something will write about it, and people who aren’t, won’t.

The old IFHP provided not only the health care ordinarily given free to citizens by the provinces, but also extra entitlements working Canadians typically devote part of their paycheques to, including drug coverage, vision care, dentistry and contraception. Refugee claimants typically became eligible for IFHP immediately upon setting foot in the country—and remained eligible until they were removed from Canada, even if their refugee claims failed. ….

These [diabetic Afghan, Colombian eye surgery] are hard cases that could have been rectified by means of modest tweaks. Justice Mactavish instead threw out the whole 2012 IFHP revision, citing a further panoply of ill-documented or downright hypothetical cases in which the effects of the revised IFHP might also be “cruel and unusual.”

This procedure has met with near-universal approval from journalists. We, after all, sort of helped write the ruling. But what if the Conservatives run against it in 2015, challenging the media’s reading of the nation’s “general conscience”. . . and they win? Should we really be so sure we speak for you?

Valid points, but part of the role of journalists is to draw issues to our attention, and the decision likely relied more on the testimony of doctors and healthcare experts than journalists. And the Government, as in so many cases, by aiming for simple and simplistic solutions, along with its apparent lack of evidence (not to mention rhetoric), did not help itself. Refugee health cuts: Not cruel but unusual.

Court loss on refugee health cuts may still be Conservative win

I am not sure that it is as much of a win as Patriquin suggests, given that most commentary on both the left and right, has been against the Government (online comments and Sun Media excepted).

It’s like anything, the bumper sticker slogan works (in either direction) until human examples come out, making the issue more complex than the slogan or stereotype, sometimes changing public opinion:

It’s a stretch to say the Conservatives built laws specifically to fail in court, but their failure doesn’t hurt the brand nearly as much as some might think. Rather, the Conservative operative would say that the party has instead garnered crucial talking points for the coming election. By thwarting Conservative laws, the various courts—whose judges are as unelected as your local senator, remember—have essentially shown themselves to be the liberal and Liberal friend to every pot-smoking, drug-injecting, prostitute-loving, refugee-coddling softie out there. Each judicial decision against the Conservatives reaffirms a collective belief, and reinforces a handy stereotype.

In the most recent Federal Court case regarding refugees, the government isn’t quite clear on what constitutes a “bogus” claim. I asked, and the ministry sent a list of rejected, abandoned and withdrawn claims so far in 2014. The inference, I guess, is that every denied or dropped claim is inherently bogus. The number of refugee claimants doesn’t suggest a surge in abuse: as this chart shows, there were roughly 34,000 accepted refugee claimants in 2011, down from 2003’s 25-year high of 42,400.

In the end, though, it doesn’t much matter, because Prime Minister Stephen Harper and the Conservatives scored a double whammy. Having spent years making the case that Canada’s refugee system is replete with “bogus” claims, they can now claim the courts are in favour of immigrant hoards leeching off the Canadian dream. Even in loss they win.

Court loss on refugee health cuts may still be Conservative win.

Tinkering is not Jason Kenney’s style – Yakabuski

Good piece on the political astuteness of Jason Kenney by Konrad Yakabuski:

Friday’s Federal Court ruling labelling that latter move “cruel and unusual treatment” is a decidedly unflattering one for the practising Catholic that Mr. Kenney is. But even if Ottawa is forced to reinstate health care for these claimants, their numbers are now so low that it will still save hundreds of millions annually compared to what it cost to run the refugee system before Mr. Kenney got his hands on it.

Now, Mr. Kenney’s paws are all over the TFW program. Whether his reforms turn out to be good policy will depend on whether the market works, specifically whether more Canadians migrate to Alberta to fill what are supposed to become good-paying fast-food jobs. That’s a leap of faith not even the supposedly free-market business lobby is willing to make.

But you know Mr. Kenney is on the right track when Justin Trudeau, who railed against the pre-reform TFW program and whose father created the national energy program, confusingly calls the latest overhaul “one of the most anti-Alberta federal policies we’ve seen in decades.”

If that’s all the opposition’s got, the Smiling Buddha should be laughing.

Tinkering is not Jason Kenney’s style – The Globe and Mail.

Cruel to take health care away from refugee claimants – Globe and Star Editorials

Harper Flesh WoundNot much support for the Government on the refugee claimant healthcare cuts, starting with the Globe’s editorial:

The problems with the federal cuts to refugee health care begin with the rationale used by government to introduce them in the first place: cost, deterring false refugee claims and equity – the idea that refugees are receiving better health care than Canadians. The court found the government wrong on all counts.

Citizenship and Immigration Minister Chris Alexander defended the cuts by saying they would save taxpayers $100-million over five years. The calculation was always suspect. It never factored in hidden costs, such as those incurred by neglecting certain health conditions as a result of no coverage. Mr. Alexander consistently argued that any refugee with a serious illness could still turn to hospital emergency rooms, as if that came at no cost. The government also argued the cuts would reduce the number of bogus refugees coming to Canada simply to access the country’s health care. Ottawa’s decision to penalize potential offenders by depriving every claimant in that category of health care is a kind of collective punishment. A court of law presumes innocence until guilt is proven. When it comes to refugee claimants, Ottawa should at least extend the same benefit of the doubt.

The Federal Court ruling reverses the government’s dumb cuts to refugee health care. There’s a legitimate concern about bogus refugee claimants abusing the system. This health care policy, a weapon that has now come back to wound its creator, was never the right way to deal with the problem.

Cruel to take health care away from refugee claimants – The Globe and Mail.

Predictably, from the Star:

While the Canadian Medical Association cheered the ruling as “a victory for reasonable compassion and a big step for natural justice,” Citizenship and Immigration Minister Chris Alexander intends to appeal. A less obtuse government would have been shamed into retreat, given the string of humiliating court defeats the Conservatives have suffered over Harper’s clumsy attempt to shoehorn an unqualified judge onto the Supreme Court, his hugely flawed law-and-order agenda and his unlawful bid to change the Senate. But this government is shameless. Alexander has even attacked Ontario for trying to plug the gap, accusing officials of coddling “bogus claimants” and “fraudsters.”

Federal Court rightly strikes down Harper’s refugee health-care cuts: Editorial

And prior to the Federal Court ruling, from the Calgary Herald (not just the suspect Toronto media):

A national day of action was held Monday by health-care professionals, people one doesn’t usually associate with protests and public forms of advocacy. The federal government should live up to its obligations and reinstate medical coverage for all refugees — not just those with the greatest chance of having a legitimate claim. If it wants to protect taxpayers, the government can do so by handling refugees claims in a timely fashion and sending those who are found lacking back home as quickly as possible. But under no circumstances should refugees — many of them already victims of abuse — be made to needlessly suffer.

Editorial: Reinstate refugees’ medical coverage

And Jon Kay in the National Post:

The moral relativist tries to blur the line between us and them. The punitive moral absolutist, on the other hand, paints the line stark and thick, and turns politics into a game of inflicting symbolic cruelties on the people on the wrong side of it. Thus, Tory criminal-justice policy consists of finding new and gratuitous ways to make life harsher for convicts — including taking away their rights to receive visitors, and eliminating widely lauded prison-work programs. Canada is one of the safest countries in the world, and has been getting safer for decades. But prisoners — like diabetic migrants — have no politically influential constituency, so tightening the screws on them scores well at poll-driven Tory brainstorming sessions.

When it comes to performing the same stunt on migrants, the irony is that the current Immigration Minister, former ambassador to Afghanistan and UN official Chris Alexander, has done more than just about any other Canadian to help the population of one of the most destitute nations on earth. Yet now that he is back on Canadian soil, he has been tasked with a policy aimed at denying health benefits to vulnerable people who have come to our shores.

Canada’s valuable post-9/11 work in Afghanistan — building schools for girls, and creating a democracy — was a powerful rebuke to the moral relativist idea that no system of values is better than any other. But as last week’s Federal Court ruling demonstrates, not every issue should be treated with the same aggressive us-vs.-them spirit.

Jonathan Kay: The refugee health-care decision lays bare Harper’s creed — punitive moral absolutism

Blatchford: Government policy on refugee health care exposed as heartless and shameful – and other Commentary

Some of the first commentary in the mainstream media on the refugee claimant health ruling, starting with Christie Blatchford of the National Post and her savage teardown of the Government:

But, in fact, Judge Mactavish found, if any of that is true, the government can’t demonstrate it and hasn’t done so.

The government’s own witnesses admitted the changes to the program were based on various “perceptions” and “beliefs.” From a “cost containment” perspective, the government offered no evidence that the changes “will in fact result in any real savings to Canadian taxpayers.” And Ottawa conceded “it has not carried out any research in order to determine whether denying health care as a means of deterrence has any empirical validity or chance of success.”

And there you have it: The government brought in a cruel and inhumane program aimed squarely at the most vulnerable people in the country, sold it in the basest way imaginable by appealing to the least generous impulses in us all and hasn’t proved it will save one red cent of the $91-million cost of the program (as of 2009-10).

(The judge drily noted that if the government really wants to save money, perhaps it could speed up the bloody process by appointing more members to the Immigration and Refugee Board.)

With the changes, she said, “the executive branch of the Canadian government intentionally set out to make the lives of these disadvantaged individuals even more difficult. It has done this in an effort to force those who have sought the protection of this country to leave Canada more quickly, and to deter others from coming here to seek protection.”

Judge Mactavish agreed with Dr. Paul Caulford, a family doctor and co-founder of a clinic for those without insurance, who said that sooner or later, “a refugee claimant will eventually die as a result of inadequate access to health care.”

Well, maybe that would deter people.

Christie Blatchford: Government policy on refugee health care exposed as heartless and shameful

And Kate Heartfield in the Citizen:

A policy that “shocks the conscience and outrages our standards of decency” is not defensible, politically and morally, even if it is legal. It is hard to argue against the court’s opinion that the government “has intentionally set out to make the lives of these disadvantaged individuals even more difficult than they already are in an effort to force those who have sought the protection of this country to leave Canada more quickly, and to deter others from coming here.”

This judgment might not be the final word on the constitutionality of refugee health care, but it’s a damning critique not only of a particular policy, but also of the way our government makes policy in general.

Refugee rules are bad policy, legal or not | Ottawa Citizen.

In Macleans, Aaron Wherry asks the obvious:

Whatever the courts decide, there is probably here a good basis for a real debate about what the government has done with the Interim Federal Health Program. That we should hope to limit abuse of the immigration and health care systems seems like a reasonable goal. The question here is how—and particularly whether the changes to the IFHP are a good way to go about doing that.

That we should have this sort of analysis now is surely useful, even if it might be odd that we should have to get it from a judge. If only we had some kind of public forum for the consideration and debate of such stuff. Perhaps if we did, we could delegate a committee to pick up this ruling, independently study it at length and propose a comprehensive response. That at least seems like the sort of thing we might elect people to do.

Do the cuts to refugee health care amount to good policy?

Federal government to appeal ruling reversing cruel cuts to refugee health

No surprise that the Government intends to appeal, what is strong condemnation from the federal judge against the cuts to refugee claimant healthcare and a major victory for refugee advocates, if the decision is upheld by the Federal Court of Appeal and possibly Supreme Court:

Alexander said in a statement that the government “will vigorously defend the interests of taxpayers and … the integrity of our fair and generous refugee determination system.”

The court found the governments treatment of refugees is “cruel and unusual” because it jeopardizes their health and shocks the conscience of Canadians.

Judge Anne Mactavish ruled the federal cabinet has the power to make such changes and that the procedure was fair, but that the people affected by the changes are being subjected to “cruel and unusual” treatment.

“This is particularly, but not exclusively, so as it affects children who have been brought to this country by their parents,” Mactavish wrote in the 268-page decision.

“The 2012 modifications to the [Interim Federal Health Program] potentially jeopardize the health, the safety and indeed the very lives, of these innocent and vulnerable children in a manner that shocks the conscience and outrages Canadian standards of decency. “I have found as a fact that lives are being put at risk.”

Given refugee reform, particularly the safe country provisions, that have resulted in dramatic declines in numbers of refugee claimants (from 20,503 in 2012 to 10,372 in 2013 if my reading of the stats is correct).

Given this decline, and  consequent reductions in health costs, questionable whether the original rationale is as strong as before, Ministerial rhetoric notwithstanding.

Federal government to appeal ruling reversing cruel cuts to refugee health – Politics – CBC News.

Why Syrian refugees will thrive in Canada

Good piece by Ratna Omidvar and Dana Wagner of Maytree on the overall success and contribution by refugees, and advocating for quicker intake of the 1,300 Syrian refugees that Government has pledged to accept. They note that most refugees get jobs, learn either English or French, their new communities will support them, and they will give back.

Why Syrian refugees will thrive in Canada – The Globe and Mail.

Immigration policy wasn’t always about economics alone: Brender | Toronto Star

Good reminder of some of the broader issues and objectives around immigration by Natalie Brender, along with the concomitant need for refugee and family class advocates to develop more rigorous reasoning and rationales.

Just saying that these categories are important and valuable is not enough. After all, even some of the economic arguments that everyone ‘accepts’ have also been criticized by some as simplistic (i.e., Collacott, Paquet) or wrong.

It should be possible for advocates for more refugees and family class to argue more convincingly on the comparative benefits between economic, family class and refugees, than stating what they believe to be an article of faith.

Immigration policy wasn’t always about economics alone: Brender | Toronto Star.

A Message from Minister Jason Kenney to all CIC employees « Jason Kenney – Calgary Southeast

A good summary of the extensive policy renewal and reset that has taken place over past years. Whether or not one agrees with all of the policy changes and directions, and how they have been characterized, a remarkable record of achievement.

And genuine, warm recognition of the work that officials played in implementing this agenda.

A Message from Minister Jason Kenney to all CIC employees « Jason Kenney – Calgary Southeast.

Bureaucrats make last-minute pitch to save refugee health benefits – Need to know – Macleans.ca

Bureaucrats make last-minute pitch to save refugee health benefits – Need to know – Macleans.ca.