CITATION: COURT FILE NO.: DATE: ONTARIO SUPERIOR COURT OF JUSTICE

Toussaint’s case raises the novel question of the relationship among: (a) the enforcement of the human rights guarantees of the Canadian Charter of Rights and Freedoms and to the Constitution Act, 1867;2 (b) the enforcement of human rights obligations under Canada’s treaty obligations; and (c) the enforcement of human rights obligations under customary international law. [...] Vienna Convention on the Law of Treaties, International Covenant on Civil and Political Rights, and Optional Protocol to the International Covenant on Civil and Political Rights [26] The pertinent provisions of: (a) the Vienna Convention on the Law of Treaties; (b) the International Covenant on Civil and Political Rights: and (c) the Optional Protocol to the International Covenant on Civil and Pol. [...] [29] In 1976, Canada acceded to the International Covenant on Civil and Political Rights (the “ICCPR”) and the Optional Protocol of the ICCPR, and by so doing, Canada promised: (a) to protect the right to life of persons within Canada; (b) to protect the right to non-discrimination of persons within Canada; (c) to recognize the competence of the United Nations Human Rights Committee to hear commun. [...] The Availability of Health Care to Persons in Canada [39] To understand the factual narrative and the legal problems presented by the motion now before the court, it is also necessary to have an understanding about the law associated with the availability of publicly funded health care to persons in Canada and how it has changed during the duration of Ms. [...] The Court held, however, that the “operative cause” of the risk to her life was her decision to remain in Canada without legal status and agreed with the lower court’s finding that the deprivation of the right to life and security of the person in this case accorded with the principles of fundamental justice.