Question Period Note: Thalidomide

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• The Canadian Thalidomide Survivors Support Program (CTSSP) was established by Order in Council (OIC) in April 2019. The OIC sets out a probability based medical assessment process for determining eligibility under the program, which is designed to align with international best practices. An independent third-party administrator is responsible for determining eligibility of applicants.
• In resolution of two judicial reviews filed in 2021-22 (Pektau v. Attorney General of Canada and O’Neil v. Attorney General of Canada) regarding decisions at Step 2 of the eligibility assessment process, a process change was negotiated between the parties. On August 9, 2022, the Federal Court issued a judgment approving this change. Applicants denied due to an "unlikely" or "uncertain" outcome of the diagnostic algorithm will now be able to proceed to the multidisciplinary committee for review.
• Also in 2021-22, two claimants filed judicial review applications in Federal Court challenging the date of birth criteria and the administrator’s decision denying their application for eligibility under the program. While one application is before the Court (Richard v. Attorney General of Canada), the other is in abeyance pending resolution of the first (Cabana v. Attorney General of Canada).
• In February 2021, a small group of confirmed thalidomide survivors, who refer to themselves as the Thalidomide Survivors Task Group, filed a Charter Claim against the Crown (Ontario Superior Court). The claim alleges that the Crown breached the individuals’ rights with respect to the provision of services to individual plaintiffs, mismanagement of the impact of thalidomide on the plaintiffs, and the overall funding and management of the CTSSP.
• Our Government is committed to supporting Canadian thalidomide survivors and help them live the rest of their lives with dignity.
• The Canadian Thalidomide Survivors Support Program uses a probability-based medical assessment process to determine eligibility based on international best practices.
• Recently, the Federal Court issued a judgment that changed the eligibility assessment process, allowing all applications entered in the diagnostic algorithm, regardless of result, to proceed to the multidisciplinary committee for review. The Administrator has contacted all previously denied applicant directly to notify them of the change in process.
• Individuals who believe they are thalidomide survivors are encouraged to apply before the application deadline on June 3, 2024.
• Applicants who are missing information or who are denied at any step of the assessment process may submit additional information to the third-party administrator to support their request.

IF PRESSED ON THE DATE OF BIRTH CRITERIA…
• The date of birth parameters are based on the global market availability of thalidomide (West Germany October 1, 1957) and a five year period following the removal of the drug from the Canadian market (March 2, 1962).
• The CTSSP will consider individuals born in Canada between December 3, 1957 and December 21, 1967, and whose date of birth coincides with maternal ingestion of thalidomide in the first trimester. This 10-year eligibility period factors in possible premature birth at 22 weeks gestation and possible post-term delivery at 42 weeks gestation.

IF PRESSED ON INDIVIDUALS WITH CONGENITAL MALFORMATIONS WHO WERE BORN OUTSIDE THE DOB PERIOD…
• Sadly, to this day, a number of children are born with spontaneous or otherwise unaccountable malformations similar to those caused by thalidomide.
• According to the World Health Organization, congenital malformations may be the result of one or more genetic, infectious, nutritional, or environmental factors. Approximately half of all birth defects cannot be linked to a specific cause.

Early History

Thalidomide, developed as a non-addictive sedative, was approved by the Department of National Health and Welfare (now Health Canada) and prescribed off-label to treat morning sickness in expectant mothers.

Government records show that thalidomide was authorized for use in Canada in sample form on June 23, 1959. It was licensed for prescription use on April 1, 1961, and remained legally available in Canada until March 2, 1962, when it was removed from the market due to its side effects.

In 1991, the Government of Canada finalized an Extraordinary Assistance Plan (EAP) of $8.5M for persons born with disabilities as a result of thalidomide.

Thalidomide Survivors Contribution Program (TSCP) (2015)

The TSCP used a documentary evidence-based process, developed in 1991 for the Extraordinary Assistance Plan for Thalidomide Victims, to determine eligibility. Supports included a tax-free, lump sum payment, ongoing annual payments based on level of disability, and access to an Extraordinary Medical Assistance Fund (EMAF) to cover medical expenses such as specialized surgery and home or vehicle adaptations not otherwise covered by provincial/territorial health care plans.

Among the 193 individuals who applied to the TSCP, 25 new survivors were confirmed.

Canadian Thalidomide Survivors Support Program (CTSSP) (2019)

The CTSSP uses a probability-based medical assessment process that considers date and place of birth, congenital malformations, and any available evidence of maternal use of thalidomide during the first trimester of pregnancy.

Eligible applicants will receive an ex gratia payment of $250,000, and ongoing tax-free payments. The EMAF increased from $500,000 to $1,000,000 per year to account for an anticipated increase in the number of recognized survivors.

Survivors supported by the TSCP were transferred to the CTSSP, continue to receive their benefits and received an ex gratia payment of $125,000 to equalize the ex gratia payments to survivors under the two programs.

Media

In October 2022, a couple of articles in the media garnered some interest in relation to the August 9, 2022 Federal Court judgment that benefits applicants, but that had not yet been communicated to all those affected.

• The CTSSP application process was launched on June 3, 2019 and will remain open for a period of five years. The CTSSP is currently helping to support 123 survivors. Although new survivors are being admitted to the program each year, a few existing survivors have passed away.
• To date, 255 applications have been submitted to the administrator and are at various stages of the probability based medical assessment process. Applicants denied at any step of the process have until the application closing date, June 3, 2024, to provide additional information to support their submission.