Canadian child denied health care coverage in Alberta

Hanlon's razor: 

Never attribute to malice that which is adequately explained by stupidity. I'll assume that the decision to refuse an 8 year old health coverage in Alberta is the latter and not the former. 

This is Canada, we don't visit the sins of the parents on the child. But that is what has happened in a case where my 8 year old client who is entitled to health care coverage is being denied to her birthright. 

All Canadians should be equal before the law; but Jason Kenney's efforts to deny health care to refugee claimants is the likely source of the denial to this young, blameless, primary school attending girl.

I expressed my thoughts this morning on the CBC Eyeopener here in Calgary and I'm hopeful that after this coverage (sunlight is the best disinfectant) and my (abrupt) fax to Alberta Health (Services) will result in a positive resolution to this situation in the coming days. 

2015 10 23 Canadian child has health care card revoked - CBCca Calgary Eyeopener

 

 Transcript:

Speaker 1:	Divya Boparai is 8 years old. She was born in Calgary, and she has an Alberta birth certificate, and yet her mother has been told that her health card will no longer be valid at the end of this month. Raj Sharma is the family's lawyer, he's here in studio to tell me more. Good morning.
Raj:	Morning.
Speaker 1:	I guess to tell the story of the 8 year old, you really need to start with the story of the mother. Can you tell me about Divya's mother Amarjeet Boparai?
Raj:	Right, so Amarjeet has been in Canada for about 15 years. She came in 2001, she made a refugee claim, and that claim was denied. She did get married to a Canadian citizen, she was sponsored for permanent residence as a spouse. That processing took about 8 years. Because of the delays, ultimately, the marriage, there was a breakdown. There were [allegations of] domestic violence, and unfortunately, that application for permanent residence was then denied because she no longer had a sponsor [or was cohabiting]. Along the way, of course, Divya was born in Calgary 8 years ago. Of course as a Canadian citizen, of course has held a health card for her entire life, and now we're in this strange situation where Alberta Health has advised Amarjeet that Divya's health coverage will no longer be valid as of October 31st.
Speaker 1:	All right, so just to break this down. The father is gone, out of the scene, and out of the country?
Raj:	That's right.
Speaker 1:	You haven't heard from the father?
Raj:	Correct.
Speaker 1:	Okay. The mother's refugee status is still up in the air?
Raj:	Well I mean immigration told us, basically, we can't process under this, apply under humanitarian and compassion application, and of course we are hopeful that she will once again get first stage approval, and ultimately status in Canada.
Speaker 1:	At the moment, undecided?
Raj:	At the moment a bit of legal limbo.
Speaker 1:	Okay. Caught in all of this is an 8 year old girl.
Raj:	Right, and ultimately, this is Canada, we don't visit the sins of the parents on the child. Divya is in fact blameless, and according to the law, is eligible and entitled health coverage in Alberta.
Speaker 1:	All right, you're the lawyer here. You've known this family for quite a while. What was your reaction when you heard about all of this?
Raj:	I was really upset. I think Canadians have a certain sort of expectation that Canadians are equal before the law. Obviously it's an 8 year old child, obviously I'm a parent myself, so I was upset, and so I sent a fax off to Alberta Health Services, it was short, it was abrupt, and I essentially demanded a response before the end of this week, but I sent the fax a couple weeks ago.
Speaker 1:	What have you heard?
Raj:	Nothing.
Speaker 1:	Nothing? That healthcare for the little girl finishes this month, right?
Raj:	That's right.
Speaker 1:	Okay. Is she in urgent need of healthcare? I don't know if that's germane to the conversation, I'm just curious.
Raj:	No, but I mean it's an 8 year old child, and winter is upon us, and there's slipper driveways, and slippery sidewalks, and obviously we don't want that need to arise.
Speaker 1:	Why do you think this is happening?
Raj:	I think it's happening because of ... Never ascribe anything to malice that incompetence can explain. I think it is incompetence, but I think it's a problem that really has its germination with Jason Kenney's sort of attempt to limit healthcare coverage to refugees in 2012. We know, the Harper government, did deny health coverage to children, they happened to be refugee children, and of course we know that the federal court found that to be cruel and unusual, and set that aside. Caught in all of this was Alberta. Alberta was trying to figure out how to, who is entitled to, health coverage, and who is not. When you've got the status of these individuals that made a refugee claim, which have failed, but then they can get status under a different program, there may be an argument that Amarjeet is not entitled to health coverage, and of course that is up in the air, and we'll find out. I think she is, but the reality is the Alberta Health Act is very, very, clear. If you have legal status in Canada, if you're a legal resident of Alberta, you're entitled to provincial health coverage, and that is Divya's exact situation.
Speaker 1:	How did the mother and daughter find out that the healthcare was being removed?
Raj:	Well we advised immigration as to the change of her status. Immigration at that point then indicated that her status is going to be ... That that application has come to an end, and we applied for that humanitarian application. When Amarjeet was figuring this out, she called Alberta Health Services, she went to the registry, and she was under the impression that there might be some issues for her. Now Amarjeet, of course, is suffering from some anxiety, and some depression, so she requires health coverage. What really kind of upset Amarjeet was that when she was told that, "Oh Divya won't have status either. She won't have health coverage either," and that really upset Amarjeet.
Speaker 1:	In practical terms, would this 8 year old girl be denied coverage if she walked into a Alberta hospital, or up to the children's hospital?
Raj:	Well we've seen that happen. We've seen individuals, after that cutbacks to refugee health coverage, we've seen individuals that were in fact entitled to health coverage being denied at emergency rooms. That's why that interim federal health, those refugee health cuts, by Jason Kenny were ruled to be cruel and unusual treatment by the health network.
Speaker 1:	Let me be clear on that. You're saying they'd be turned away. Not charged for services, but actually turned away?
Raj:	We've seen that happen. That's why those cuts were deemed contrary to our Charter [of Rights and Freedoms].
Speaker 1:	What's next for Amarjeet and Divya?
Raj:	Well what's next is I hope that Alberta Health Services isn't going to force me to go to court to fix something that someone with a grade 7 education should be able to figure out, but I will.
Speaker 1:	That's where it stands right now. You haven't heard back from them, let us know when you do.
Raj:	Thank you.
Speaker 1:	Thank you for bringing this to our attention.
Raj:	Thanks for having me.
Speaker 1:	That's Raj Sharma, he's an immigration lawyer here in Calgary.

 

Comments

[CarolynBuffalo]

I have a son with CP. We are FN and live on reserve. My son's in a wheelchair, and needs wheelchair accessible bussing. He does not have it. The CHRC has messed up my complaint. Nobody cares. My son's denied his education rights. Children are innocent. The government is more interested in fighting against their obligations to provide services to these little ones than in actually providing services. I've been alone in my complaints and my fights against the government.