Since the Federal Court decision that came down we decided not to pursue the issue that I am not a citizen in front of the appeal board. We indicated that we would be challenging the OHIP regulation that they were using against me.
OHIP argued that the appeal board cannot make constitutional remedies to invalidate a regulation or law.
We made the argument that there is a caveat to the general rule that says that for a matter where a determination has been made on health care status prior to 2002 you can proceed to challenge the law. We also were told of a recent court decision that says that the appeal board must respect the charter in interpreting its rules.
The matter is now adjourned until February 24 after submissions by us and the government. The hearing will be in Ottawa.
“Deepan is currently appealing the state’s refusal to grant him health care coverage. We know that the denial of coverage was triggered by OHIP’s conversation with Immigration Canada. The Minister has since day one in Deepan’s case had the authority to acknowledge Deepan as a Canadian citizen or to grant him such status. Knowing that Deepan cannot be deported from this country, his denial of health care simply adds insult to injury. In view of the Minister’s response to the recent Federal Court decision of July 4, 2014 on refugee health care and his unwillingness to abide by all aspects of the decision it appears that Deepan, like refugees to Canada, is being subjected to cruel and unusual treatment by virtue of an intentional effort by the Minister to deny him health care.” – Yavar Hameed, Counsel for Deepan Budlakoti