Convention indicates that it “includes hospital treatment, emergency relief, relief for the blind and also the unemployed, where social security benefits are not applicable.”331 This report focuses on the legal framework relating to public healthcare, welfare and disability benefits. II. Canadian Legal Framework a. Federal Legal Framework Interim Federal Health Program The provincial governments have legislative authority in the area of public healthcare, welfare and disability benefits.332 However, by maintaining jurisdiction over naturalization and aliens, the federal government provides limited, temporary, taxpayer-funded coverage of healthcare benefits to protected persons, resettled refugees, refugee claimants, and certain “other groups” who do not qualify for tax-payer funded provincial health insurance.333 This federal program is known as the Interim Federal Health Program (IFHP). The IFHP does not provide healthcare coverage to individuals who are eligible for provincial healthcare insurance plans. The IFHP is currently the subject of litigation. The litigation is based on arguments that recent reforms to the IFHP violate the constitutional rights of IFHP applicants. In July 2014, the Federal Court of Canada agreed and ruled that the reforms made to the IFHP violate the rights of the applicants not to be subjected to cruel and unusual treatment or punishment, as well as violate their equality rights under the Charter.334 The Government of Canada is appealing this ruling. While the IFHP decision is under appeal, the Government of Canada has established “temporary measures” to the IFHP.335 Although the temporary measures for the IFHP focus on the healthcare coverage available to refugees, refugee claimants and protected persons, they also affect the coverage available to “other groups” who may be eligible to receive healthcare benefits under the IFHP. The eligibility requirements and coverage available to “other groups” of persons is relevant for understanding the healthcare context for stateless persons in Canada. 1951 Convention travaux préparatoires, supra 61 at 125. Constitution Act, 1867, supra 51 at s. 92(7), 92(13) & 92(16). This is not to be confused with social security programs, such as unemployment insurance, pensions and old age disability pensions, which are generally within the authority of the federal government under s. 94A of the Constitution Act, 1867, and will be discussed below for Article 24 of the 1954 Convention. 333 Citizenship and Immigration Canada, “Determine your eligibility and coverage type – Interim Federal Health Program”, available at: available at: http://tinyurl.com/o97cwoz [IFHP eligibility and coverage type]. Also, the federal government has the constitutional authority to legislate with respect to naturalization and aliens under s. 91(25) of the Constitution Act, 1867. 334 Canadian Doctors for Refugee Care v. Canada (Attorney General), 2014 FC 651, at paras. 689-691 & 871, available at: http://canlii.ca/t/g81sg. Under the section 15(1) equality rights, the Federal Court found the reforms discriminated on the grounds that the IFHP provided a lesser level of healthcare coverage to refugee claimants from certain countries. The decision in this case rejected the argument that the IFHP reforms discriminated against applicants on the basis of “immigrant status”. This followed a precedent set by the Federal Court of Appeal in Toussaint, infra 336, which ruled “immigrant status” is not analogous ground of discrimination under section 15 of the Charter. 335 Citizenship and Immigration Canada, “Interim Federal Health Program: Summary of Benefits” (3 February 2015), available at: http://tinyurl.com/7xwktnf [Temporary IFHP Benefits Summary] 331 332 70