A Proposal Rules That The Existing Law Is “Not Aligned With Canadian Values”
Prospective immigrants with certain health conditions often have trouble being accepted into Canada – but an amendment to a federal law could change that.
Until now, the ‘medical inadmissibility rule’ has prevented many with disabilities and illness from obtaining permanent residency in Canada. The rule claims that these conditions “might reasonably be expected to cause excessive demand” on the Canadian health care system or its individual services.
READ MORE: Ottawa Caregiver’s Dream of Permanent Residence At Risk Due to Medical Condition
The Department of Citizenship and Immigration published a proposal in the Canadian Gazette, calling for an amendment to the rule. They criticize the existing rule, saying it “does not strike an appropriate balance between protecting health services and promoting inclusion.”
It adds that “the policy treats these costs as a burden to society, rather than as investments that enable participation, inclusion, and positive contributions.”
This proposal follows a 2017 study, in which the parliamentary immigration committee examined the claims surrounding the medical inadmissibility rule. They concluded that the rule should be repealed as it does not align with Canadian values, like inclusion.
In 2018, the government responded to the study by making changes to the policy. As a result of these changes, 62 applicants and their family members with certain health conditions were admitted to Canada – under the previous law, they wouldn’t have been admitted.
Alongside the upcoming policy changes, the government has proposed to redefine the terms ‘health services’ and ‘social services’ in reference to the policy.
Canadians have until April 26, 2021 to contact Immigration, Refugees and Citizenship Canada to comment on the proposal. Following that, it will be finalized.
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Arghavan Gerami
Arghavan Gerami is the Founder and Senior Counsel at Gerami Law Professional Corporation ('PC'), a full-service immigration law firm in Ottawa, Ontario. Since 2011, Ms. Gerami has focused her practice on immigration and refugee litigation. Prior to that, Ms. Gerami worked at the Ministry of Attorney General and the Department of Justice and had the privilege of serving the Honourable Mr. Justice M. Evans at the Federal Court of Appeal on immigration and administrative law appeals. Ms. Gerami contributes to the Immigration Law Section of the Canadian Bar Association, the Canadian Association of Refugee Lawyers, and the United Nations High Commissioner for Refugees. Ms. Gerami has also published numerous journal articles and presented at various immigration and refugee law conferences and events across Canada.