Toussaint v Canada (Fees)
Challenge to Refusal to Waive Fees for Humanitarian and Compassionate Applications
SRAC supported the Charter Committee on Poverty Issues (CCPI) and several rights claimants in an historic challenge to the refusal of the Federal Government to waive fees for Humanitarian and Compassionate (H&C) applications for permanent residency for those living in poverty.
Nell Toussaint challenged the constitutionality of the fee requirement, arguing that it discriminated against her on the basis of poverty and denied her access to justice. While the Federal Court of Appeal ruled that she had a right to have her fee waiver request considered under the Immigration and Refugee Protection Act (IRPA), it dismissed her Charter claims. The government subsequently amended the IRPA to preclude fee waivers.
Ms. Toussaint sought leave to appeal to the Supreme Court of Canada to vindicate her rights and those of others in her situation.