2022 QCCA 1502, 2022 QCCA 1502

A.P. c. Attorney General of Quebec 2022 QCCA 1502 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030178-222 ( 500-17-113736-204 ) MINUTES OF HEARING DATE: November 3, 2022 THE HONOURABLE ROBERT M. MAINVILLE, J.A. APPLICANT COUNSEL A. P.

Mtre Olga Redko M tre Étienne Morin-Lévesque ( IMK ) RESPONDENT COUNSEL ATTORNEY GENERAL OF QUEBEC Mtre Andréa Boivin-Claveau ( Bernard, Roy (Justice-Québec) ) IMPLEADED PARTIES COUNSEL Régie de l'assurance maladie du Québec Mtre JESSICA NÉRON (Régie de l'assurance maladie du Québec) Par visioconférence ADMINISTRATIVE Tribunal OF Québec Absent and unrepresented DESCRIPTION: Application for leave to appeal from a judgment terminating the proceeding rendered on July 21, 2022 by the Honourable Marc St-Pierre of the Superior Court , District of Montreal . Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18

HEARING 9:39 Commencement of the hearing. Identification of counsel. 9:40 Submissions by Mtre Redko. 9:42 Discussion between the judge and Mtre Redko. 9:51 Mtre Redko summarizes her submissions. 10:01 Discussion between the judge and Mtre Redko. 10:04 Discussion between the judge and Mtre Boivin-Claveau. 10:17 Reply by Mtre Redko. 10:21 BY THE JUDGE : Judgment – see page 4. 10:22 Conclusion of the hearing. Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] The applicant seeks leave to appeal the judgment of July 21, 2022, rendered by the Honourable Marc St-Pierre of the Superior Court, District of Montreal, dismissing her application for judicial review seeking (

a) to declare s. 10 of the Quebec Health Insurance Act constitutionally invalid and inoperative and (

b) to quash a decision of the Administrative Tribunal of Québec dated March 4, 2020, rejecting her claim for the reimbursement of certain out-of-province medical expenses. [ 2 ]

Section 10 of the Health Insurance Act allows an insured person to obtain reimbursement from the Régie de l’assurance maladie du Québec (“RAMQ”) of the cost of insured services furnished outside Quebec, but only the lesser of the amount actually paid for the services or the amount established by the RAMQ for such services paid in Quebec. [ 3 ] The applicant received insured services while in British Columbia with respect to a pregnancy and subsequent abortion. She paid $1,715.08 for these services.

She obtained a reimbursement of $605.45 from the RAMQ, being the amount established for such services paid in Quebec. [ 4 ] The applicant submits that s. 10 of the Health Insurance Act imposes a financial burden on women seeking pregnancy-related healthcare that will not be felt by men, because men will never require such services and will not be financially responsible for them.

The applicant therefore argues that s. 10 violates the equality rights set out under s. 15(1) of the Canadian Charter of Rights and Freedoms (“ Canadian Charter ”) and is therefore constitutionally invalid and inoperative. [ 5 ] Both the Administrative Tribunal of Québec and the Superior Court rejected this argument. The applicant now seeks leave to appeal to this Court pursuant to art. 30 of the Code of Civil Procedure . [ 6 ] In light of the constitutional questions raised with respect to s. 15(1) of the Canadian Charter and of the reasons of the Court in R.O. c.

Ministre de l’Emploi et de la Solidarité sociale , 2021 QCCA 1185 , paras. 22-26 , I am of the view that leave should be granted. FOR THESE REASONS, THE UNDERSIGNED: [ 7 ] GRANTS the application for leave to appeal; [ 8 ] AUTHORIZES the appeal of the judgment dated July 21, 2022, rendered by the Honourable Marc St-Pierre of the Superior Court, District of Montreal. [ 9 ] THE WHOLE with legal costs to follow the appeal. ROBERT M. MAINVILLE, J.A.