Canadian children excluded by the Ramq
The purpose of this class action is to compensate minors who have been denied access to healthcare coverage by RAMQ because of the immigration status of their parents, as well as to compensate the parents and legal guardians of these children. This class action covers all cases where refusal has taken place, even if the child is currently covered by the Public Health Insurance Plan. It also seeks the award of punitive damages.
The plaintiffs allege that the government’s practice of excluding these children is contrary to the Health Insurance Act. They also allege that it violates the fundamental rights of their daughter and other Canadian children who are in a similar situation, including their rights to life, security and integrity as protected by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. The plaintiffs further argue that this government practice is discriminatory.
Criteria to be met to be part of this action:
You could be part of the class action if you fall into one of the following two categories:
Group 1: Any non-emancipated minor born in Canada and established in Quebec who has been refused access to coverage under the Régie de l’assurance maladie du Québec (RAMQ) plan because of the immigration status of his or her parents.
Group 2: Any legal guardian of a Group 1 member.
If you think you are a member of the class action and would like to receive information on the progress of the file, you can subscribe to our mailing list by filling out the form below.
On July 9, 2020, the plaintiffs, represented by the law firm Trudel Johnston & Lespérance, filed an Application for authorization to institute a class action against the Attorney General of Québec (“AGQ”), who represents the Government of Québec. The applicants filed an amended application on September 30, 2020. The AGQ is challenging the class action. On October 29, 2020, the government will present a declinatory argument before Justice Martin Sheehan. The AGQ argues that the Superior Court has no jurisdiction to hear the class action.
The application was filed in the Superior Court of Quebec in the district of Montreal.
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