The draconian medical inadmissibility immigration laws that bars family members from entering Canada on grounds that the family member will be a burden on Canada due to their “excessive demand” is finally being debated at a parliamentary committee to review a provision of the Immigration Refugee Protection Act (IRPA). Not only is the current law inhumane but it also fails at every prong of the legal (Oaks) test. – Navratan Singh Fateh, Barrister & Solicitor
Canada’s Immigration Minister Ahmed Hussen said his office is considering removing a section of Canada’s Immigration Act that advocates say discriminates against people with disabilities.
“All options are on the table,” Hussen said. “We could eliminate it completely.”
Hussen was speaking in Ottawa Wednesday before a parliamentary committee that is reviewing a provision of the act known as excessive demand or 38-1C, which can bar persons with a disability and their family members seeking permanent residency on the grounds they could place a burden on the the country’s publicly-funded health and social service systems.
The “medical inadmissibility” rule is not only inhumane, but it also breaches the Charter of Rights and Freedoms, as well as the United Nations Convention on the Rights of Persons with Disabilities.
The provision is at the centre of public hearings by a parliamentary committee to review a provision of Canada’s immigration law that rejects immigrants who are expected to place “excessive demand” on health or social services if let into the country.
Read Canadian Bar Associations Article on Medical Inadmissibility in Canadian Immigration Law