What is the test for exclusion from section 97(1)(b)(iv) of the Canadian Human Rights Code when a state does not have capacity to provide adequate health care for its citizens who cannot afford to pay for it?
Canada (Federal), Canada
The following excerpt is from Covarrubias v. Canada (Minister of Citizenship and Immigration), 2005 FC 1193 (CanLII):
As I understand the applicants' argument, it relies in part on the analysis of the distinction between being "unable" or "unwilling" to avail oneself of state protection in Ward v. Canada (Attorney General), 1993 CanLII 105 (SCC), [1993] 2 S.C.R. 689. The applicants contend that the purpose of paragraph 97(1)(b)(iv) is to avoid stigmatizing states as human rights abusers which are genuinely incapable of providing adequate health care. Where a state has the capacity but chooses not to apply it to its residents who cannot afford to access health care, the exclusion should not apply.
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