I’m also deeply moved to see my chapter followed by Sylvia Agbih's powerful poem, which captures, far more eloquently than I ever could, the tensions underlying contemporary asylum systems. 3/3
Posts by Y.Y. Brandon Chen
Revisiting this work now, it feels particularly timely. In Canada (and other parts of Global North), we are seeing renewed efforts to scale back aspects of refugee protection, both in access to asylum and in health care entitlements. The logics explored in my chapter remain very much at play. 2/3
Grateful to finally hold a hardcopy of Forced Migration and Health Justice (OUP, 2026). My chapter, “Disqualify, Disincentivize, and Dissonate: Immigration Law as a Barrier to Migrants’ Healthcare Access,” examines how immigration law excludes and otherwise structure migrants' access to care. 1/3
Adding to concerns about planned intro of copayments to refugee healthcare: in this Ottawa Citizen interview, I stress the fact that copayments will apply to "supplemental" benefits does not make their impact on people’s health and wellbeing any less serious. ottawacitizen.com/news/refugee... #IFHP
These are all encouraging developments in the Charter's equality jurisprudence.
So, overall, I take Kanyinda as a meaningful step forward. It lays an important foundation for future cases seeking stronger equality protections for migrants under the Charter. And the work continues... 5/
Notably, Chief Justice Wagner would have recognized refugee claimant status as an analogous ground. The majority of the Court similarly acknowledged that a person's precarious immigration status is a relevant intersecting reality that should inform s. 15 Charter analysis in appropriate cases. 4/
However, the Court did not address the main points in our submissions directly, instead choosing to resolve the case based on sex discrimination. I find this a missed opportunity.
At the same time, the Court did not reject our propositions either. So, there's some silver lining in this. 3/
Our intervention urged the Court to adopt a robust understanding of citizenship-based distinctions and to accept immigration status as an analogous ground under the Charter.
I'm heartened that the Court cited our factum several times when discussing the disadvantage facing refugee claimants. 2/
The Supreme Court of Canada just released its pivotal Charter equality rights decision in Quebec (AG) v Kanyinda.
It was an honour to have co-represented FCJ Refugee Centre and the Madhu Varma Migrant Justice Centre in their intervention in this case. 1/
Dental emergencies are health emergencies. Conditioning access to urgent dental care on ability to pay undermines the core principle of equitable access that defines Canadian health care. 3/3
The IFHP’s supplemental benefits include coverage for limited dental care: not routine cleanings, but emergency examinations and treatment necessary for emergency relief of pain or infection. In other words, urgent dental care falls within the category now subject to a 30% co-payment. 2/3
Canada will soon introduce a 30% co-payment on “supplemental coverage” under Interim Federal Health Program (IFHP), along with a $4 fee per prescription. It is suggested that refugees & refugee claimants will still have access to emergency care for free. That claim obscures an important reality. 1/3
Warm congratulations as well to Profs Michael Pal and Amy Salyzyn on their appointments. I’m honoured to be in such inspiring company.
I’m deeply grateful to be named one of the inaugural Dean’s Research Professorships at @uocommonlaw.bsky.social. I look forward to using this opportunity to deepen and expand my work on migrant health equity.
Three new Dean’s Research Professorships are advancing bold work on migrant health equity, the law of democracy, and technology’s impact on justice. See how our researchers are shaping a democratic, digital and diverse future.
bit.ly/4kTSox5
@yybrandonc.bsky.social @amysalyzyn.bsky.social
Join @ottawahealthlaw.ca @hivlegalnetwork.bsky.social on March 12 11:30–13:00 for a free webinar "Bordering Health: Medical Inadmissibility, Disability Rights, and Migrant Health" as we discuss the past, present and future of Canada's "excessive demand" policy. www.ottawahealthlaw.ca/events/borde...
As I explained, Alberta’s claim that private insurance fills the gap is unconvincing. Private insurance is not a replacement for public health care. It often doesn’t cover routine or preventative care or pregnancy-related costs, leaving workers exposed to serious health & financial risks. 2/2
Health care cuts carry real human costs, and making them quietly only worsens the harm by denying people the opportunity to prepare. I spoke with CBC News about Alberta’s recent decision to remove health coverage for International Experience Canada work permit holders. 1/2
www.cbc.ca/news/canada/...
Budget 2025 demonstrates a weak commitment to expanding and improving public health care and little vision to end the crisis facing millions of Canadians who can't access the care they need.
Here are 4 things you need to know:
Taken together with Bills C-2 and C-12, this policy signals yet another setback to Canada’s commitment, and legal responsibility, to uphold refugee rights.
Decades of research show that even small copayments can significantly impede access to care, especially for people with limited income. This proposed change will therefore likely have serious consequences for refugees’ and refugee claimants’ health and wellbeing.
Canada’s #Budget2025 includes plans to “introduce a modest co-payment model” to the Interim Federal Health Program for “supplemental health products or services (such as prescription medication and dental care).” In plain terms, this means cutting healthcare benefits for refugees and asylum seekers.
Join @ottawahealthlaw.ca Oct 2–3 for a national conference: Reframing Mental Health Law: Emerging Controversies and Cross-Sector Perspectives. Keynotes: @Kwame_McKenzie & Dr. Tracy Vaillancourt. Student rates available. Hope to see you there! www.ottawahealthlaw.ca/conferences/...
This winter I was privileged to partake in a working group led by N4 (National Newcomer Navigation Network) that aimed to improve health equity for users of the Interim Federal Health Program. The final report, with a list of recommendations, can be found here: www.yybrandonchen.com/_files/ugd/2...
The so-called “Strong Borders Act” will significantly weaken Canada’s humanitarian tradition and commitment to human rights. Check out this statement from Canadian Council for Refugees:
Hearty congratulations on this milestone!! You rock.
Thank you so much for your moral support, my friend! Fingers crossed for a positive outcome, for the sake of migrants and refugees, as well as the coherence of Charter equality rights analysis. 🤞🏼🤞🏼
These arguments are largely grounded in the reflections I made in a forthcoming book chapter. While the chapter considers the deficiency of s.15 in the healthcare context, the facts in Kanyinda show that the same troubling "xenophobic gap" exists elsewhere. papers.ssrn.com/sol3/papers....
To that end, we will urge the Court to recognize immigration status as a prohibited ground of discrimination under s.15 of the Charter, and to adopt a broader understanding of citizenship-based distinctions. We also argue that discriminatory effects of law must be examined through intersectionality.
Supreme Court of Canada is scheduled to hear the Kanyinda case in 2 weeks. I'm honoured to act as counsel for @fcjrefugeecentre.mastodon.social.ap.brid.gy & @madhucentre.bsky.social in their joint intervention. We argue the Canadian Charter must meaningfully protect substantive equality of migrants.