Bocock J found that the exclusion of refugee claimants from the Canada child benefit (the “CCB”) was not contrary to s. 7 or 15 of the Charter.
Regarding s. 7, Bocock J noted the finding in Carter (2015 SCC 5, at para. 64) that security of the person is engaged by “state interference with an individual’s physical or psychological integrity, including any state action that causes physical or serious psychological suffering” and found (at para. 136) that “[w]hile the mental health of the Appellants and their children was impacted, this does not constitute a ‘serious and profound effect’ … .” and, as to the issue of causation (para. 142):
Any physical or psychological hardships experienced by the Appellants were initially caused by their difficult financial or domestic situations subsisting before applying for the CCB, which were not caused, perpetuated or worsened by the Canadian state before or after entry. The Appellants’ poverty existed before and independently of their ineligibility for the CCB.