Toussaint Petition to UN Human Rights Committee and Follow-up
UN petition materials, follow-up proceedings, and ongoing Canadian litigation arising from the Human Rights Committee decision in Toussaint v Canada.
Historic Victory at the UN Human Rights Committee and Ongoing Litigation in Canada
The right to life and non-discrimination of irregular migrants in access to essential health care
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
Key Documents - From Most Recent
UN Human Rights Committee Concluding Observations (March 23, 2026) CCPR/C/CAN/CO/7
SRAC and ESCR-Net Submissions for the Periodic Review
Ongoing Action in the Ontario Superior Court following Motion to Strike
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
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
The Petition to the UN Human Rights Committee (Under the Optional Protocol to the ICCPR)
After having exhausted domestic remedies before Canadian courts (see Toussaint Litigation 2009-2018) Nell Toussaint filed a petition to the UN Human Rights Committee alleging violations of the right to life in article 6 of the International Covenant on Civil and Political Rights, and the right to non-discrimination under article 26.
On August 7, 2018 the Human Rights Committee issued its historic decision, finding that Canada had violated Nell's right to life and non-discrimination and that the government must take necessary measures to ensure that no one is denied access to essential health care because of irregular immigration status. This is the first decision of a UN treaty monitoring body to consider access to health care for irregular migrants as a right to life issue.
Executive Summary of the Petition
Petition: Nell Toussaint v Canada HRC No 2348-2014
Canada's Response on Admissibility
Author's Comments on Admissibility
Author's Comments on Canada's Submissions
Amnesty International's Opinion in Support of the Author
ESCR-Net's Opinion in Support of the Author
Canada's Supplementary Response
Author's Response to Canada's Supplementary
Opinion Letter of Constitutional and Health Law Experts
The Human Rights Committee's decision: