Toussaint v Canada 2018 - Present
UN Human Rights Committee implementation materials, Ontario court proceedings, and follow-up documents from 2018 onward.
KEY DOCUMENTS
The famous 2018 decision of the UN Human Rights Committee:
Toussaint v Canada CCPR/C/123/D/2348/2014 (30 August 2018)
Canada's response to the Committee's decision, refusing to comply with it.
Canada's Response to the UN Committee's Decision
The Ontario Superior Court decision of August 17, 2022 of Perell J. dismissing Canada's motion to strike Nell Toussaint's challenge to Canada's refusal to implement the UN Human Rights Committee's decision.
Toussaint v. Canada (Attorney General) 2022 ONSC 4747
Order of Justice Perell August 17, 2022
Sadly, Nell Toussaint passed away on January 9, 2023 but her case is proceeding
Bruce Porter, Some Reflections on Nell Toussaint: July 14, 1969 - January 9, 2023, The Person Behind the Historic Human Rights Case
Nicholas Keung, She went from undocumented to undeniable. Advocate whose fight against Canadian government reached the UN remembered as an inspiration
Nell Toussaint Honoured for Black History Month February 2024
CURRENT ACTION Ont Superior Court following Motion to Strike and Appeal
Ann Toussaint, Appointed Representative of the Estate of Nell Toussaint, Deceased, for the Purposes of this Proceeding v. Attorney General of Canada
Fresh Amended Statement of Claim
Motion Record of Ann Toussaint
Endorsement Order of Justice Vermette
Order of Justice Vermette Adding Ann Toussaint
Endorsement Order of Justice Papageorgiou
CCPI Coalition Case Conference Brief May 17, 2024
Defendant's Case Conference Brief (May 22, 2024)
Brief of Pleadings, Endorsements and Orders (as of May 28, 2024)
CCPI Coalition Motion Record Leave to Intervene
CCPI Coalition Factum Leave to Intervene
CCPI Coalition List of Authorities
Amnesty International-ESCR-Net Factum Leave to Intervene
AG Factum Response to AI-ESCR-Net and CCPI Coalition
Reconsideration Decision on Migrant Workers Coalition Intervention (March 31, 2025)
Amended Decision of Papageorgiou J on Interventions and Mediation (March 31, 2025)
Motion on Mandatory Mediation
Plaintiff Motion Record on Mandatory Mediation
Plaintiff Factum on Mandatory Mediation
AG Factum re Mandatory Mediation and Deemed Undertaking
Plaintiff's Reply Factum on Mandatory Mediation
UPCOMING
Periodic Review of Canada before the UN Human Rights Committee
SRAC Submissions on Toussaint Case for List of Issues Prior to Reporting
Ontario Court of Appeal Decision of February 23, 2023 on jurisdiction and limitations order
Toussaint v Canada (Attorney General), 2023 OCA 117
Follow-Up Action to Encourage Canada to Implement the Views at the UN and in Canada
Canada Responds to Further UN Human Rights Committee Follow-Up Requests refusing to implement the Views (6 April 2022).
Complainant's Submissions to UN Human Rights Committee on Follow-up (March 23, 2023)
AI-ESCR-Net Submissions on Follow-up to UN Human Rights Committee (March 23, 2023)
Letter from Human Rights and Health Organizations and Experts to Canada Urging Implementation of the Human Rights Committee's Views (January 22, 2024)
Canada's Response to Universal Periodic Review Recommendation 180 on access to health care: "Undocumented migrants in Canada do not qualify for the Interim Federal Health Program (IFHP) or provincial/territorial health insurance." (March 15, 2024)
Here are the key documents in the Motion to Strike, leading to the decision of Justice Perell
AG Canada Motion to Strike the Statement of Claim (amended)
AG Canada Factum Motion to Strike
CCPI Coalition Factum - Motion to Strike
Amnesty International & ESCR-Net Factum Motion to Strike
Colour of Poverty Coalition Factum Motion to Strike
Canadian Civil Liberties Association Factum Motion to Strike
Plaintiff Factum Motion to Strike
Toussaint v. Canada (Attorney General) 2022 ONSC 4747
BACKGROUND
The Chronology and Documentation of Nell Toussaint's Long Struggle for Justice (From most recent)
i) The Current Appeal to the Ontario Court of Appeal (2023 - decision pending)
The AG Canada did not appeal Justice Perell's dismissal of their motion to strike Nell Toussaint's claim. The AG did, however, appeal two components of the decision issued as declaratory final orders. The AG argued these should have been issued as interlocutory orders, subject to further argumentation based on evidence, and succeeded in securing a stay of the action pending this decision. Tragically, this further delay by the AG's relentless litigation against Nell meant that she died before securing a decision on her claim.
AG Appeal to the Ontario Court of Appeal challenging Perell J.'s declaratory orders on jurisdiction and statutory time limitations
AG Notice of Appeal Sept 8 2022
Responding Party Factum on Stay Motion
Decision of Trotter J. (Oct 3, 2022) granting stay pending appeal on two issues
ii) Attorney General brings motion to strike Nell Toussaint's statement of claim and this is dismissed by Justice Perell. Perell J. criticizes Canada for "a dog whistle argument that reeks of the prejudicial stereotype that immigrants come to Canada to milk the welfare system..."
Toussaint v. Canada (Attorney General) 2022 ONSC 4747
AG Canada Motion to Strike the Statement of Claim (amended)
AG Canada Factum Motion to Strike
CCPI Coalition Factum - Motion to Strike
Amnesty International & ESCR-Net Factum Motion to Strike
Colour of Poverty Coalition Factum Motion to Strike
Canadian Civil Liberties Association Factum Motion to Strike
Plaintiff Factum Motion to Strike
Motions for Leave to Intervene in Motion to Strike
Charter Committee on Poverty Issues/Canadian Health Coalition/FCJ Factum for Leave to Intervene and Motion Record
Amnesty International/ESCR-Net Factum for Leave to Intervene
Colour of Poverty Coalition Factum for Leave to Intervene
Canadian Civil Liberties Association Factum for Leave to Intervene
Canada Opposes Motions for Leave to Intervene
AG Canada's Factum on Intervention Applications
Intervention Motions Granted
Decision of Justice Belobaba on Intervention Motions (Jan 14, 2022)
Order of Justice Belobaba on Intervention Motions (Jan 19, 2022)
iii) Nell Toussaint files statement of claim challenging Canada's refusal to comply with the Committee's decision
Amended Amended Statement of Claim (May 25, 2021) Nell Toussaint v Attorney General of Canada (Ontario Superior Court of Justice Court File No. CV-20-00649404-0000)
iv) Reconsideration Request to Supreme Court of Canada
Nell Toussaint applied to the Supreme Court of Canada for reconsideration of its application for leave to appeal in light of the Committee's decision, but the application was denied by the Registrar after a wait of a year.
Decision of SCC Registrar (June 9, 2020)