Under the IFHP’s “temporary measures”, there is no specific coverage available for stateless persons, or for persons who are without status in Canada. With respect to persons who are in Canada without legal status, the Federal Court of Appeal has held that denying access to healthcare to persons illegally in Canada does not violate the Charter.336 Under the IFHP, the level of healthcare coverage varies depending on the group of persons to whom the applicant belongs. There are six types of coverage available. Types 1-3 provide coverage for “most services that insured residents are covered for under their provincial or territorial health insurance plans, such as hospital services and services received from a doctor.” Therefore, those who are only eligible for Types 4-6 coverage do not receive healthcare coverage comparable to Canadian nationals. For a stateless person to be eligible for any IFHP coverage they must be: Type 1: • A refugee who is or was receiving monthly income support through the Resettlement Assistance Program; • A victim of human trafficking with a temporary resident permit under s. 24(3) of the IRPA; • Note: A child under 19 years old also receives Type 1 coverage under the IFHP if otherwise eligible for the IFHP and they are in any of the categories identified under Type 1 or listed below. Type 2: • A rejected refugee claimant who cannot be removed due to deferral of removal for generalized risk; • Note: A pregnant woman will also receive Type 2 coverage under the IFHP if they are otherwise eligible for the IFHP and they are in any of the categories identified under Type 2 or listed below. If a pregnant woman is in any of the categories listed under Type 1 coverage, she is eligible for that level of coverage. Type 3: • A privately sponsored refugee who does not receive and has not received monthly income support through the Refugee Assistance Program or its equivalent in Quebec; • A refugee claimant, while their refugee claim is still awaiting a decision from the Immigration and Refugee Board of Canada (IRB), including any appeals of a negative decision on their refugee claim; • A person who receives a positive IRB decision on their refugee claim; • A person who receives a positive Pre-Removal Risk Assessment (PRRA) decision; • A person who receives a positive PRRA decision, but only receives a stay of removal; Type 4: • A person whose refugee claim is suspended; • A person ineligible to file a refugee claim, but who is eligible to apply for a preToussaint v. Canada (Attorney General), 2011 FCA 213, http://canlii.ca/t/fm4v6 (leave to appeal to the Supreme Court of Canada denied) [Toussaint]. The Federal Court of Appeal ruled that the appellant’s section 7 right to life, liberty and security of the person, as well as their section 15(1) equality rights non to be discriminated against on the basis of immigrant status were not infringed even though the appellant faced a legitimate risk of death if she did not receive appropriate healthcare, treatment and medications in the near future. 336 71 71