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Litigation Support: Poverty as Ground of Discrimination -  CCPI Intervention in Toussaint v. Canada

Challenge to Refusal to Waive Fees for Poor People Applying for Humanitarian and Compassionate Consideration

SRAC supported the Charter Committee on Poverty Issues and several rights claimants in an historic challenge to the refusal of the Federal Government to provide for a waiver of fees for Humanitarian and Compassionate Applications for Permanent Residency under the Immigration Act for those who live in poverty.

Justice Snider of the Federal Court, dismissed the applications, finding two of the applications moot, and dismissing the application of Nell Toussaint, finding that poverty is not a prohibited ground of discrimination under the Charter.  This decision is being appealed to the Federal Court of Appeal, where CCPI has again been granted intervenor standing. 

CCPI Memorandum of Argument for Application to Intervene

Decision on Intervention Application

CCPI Memorandum of Argument

Applicants' Expert Evidence

Gunther v. Canada (Citizenship and Immigration) (2009 FC 875)

Krena v. Canada (Citizenship and Immigration) (2009 FC 874)

Toussaint v. Canada (Citizenship and Immigration) (2009 FC 873)

Appeal to the Federal Court of Appeal

Toussaint v. Canada (Citizenship and Immigration) FCA File No. A-408-09     

CCPI Memorandum of Argument for Application to Intervene FCA

Department of Justice Response

CCPI Response

Decision to Grant CCPI Intervenor Status

CCPI Memorandum of Fact and Law FCA

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