Letter to Immigration, Refugees and Citizenship Canada on Medical Inadmissability

The HIV Legal Network and HALCO have submitted this letter to Immigration, Refugees and Citizenship Canada in response to new regulations amending the immigration and refugee protection regulation.

“While the public policy changes made in 2018 to excessive demand in relation to medical inadmissibility — and in particular the decision to raise the threshold by threefold — are a step in the right direction (as are the proposed regulations to codify the 2018 policy), the excessive demand regime (i) still violates the Canadian Charter of Rights and Freedoms (“Charter”); (ii) contributes to stigma and discrimination against people with disabilities, including people living with HIV; (iii) is inconsistent with international human rights law and Canada’s obligations pursuant to such law; (iv) is a cumbersome and inefficient process to administer; and (v) undermines the objectives of the Immigration and Refugee Protection Act (“IRPA”). Incremental changes will not resolve these problems. As we have consistently recommended, we urge the Government of Canada to repeal the excessive demand regime altogether. This is aligned with the recommendation of the Standing Committee on Citizenship and Immigration to eliminate the policy.”

Read the full letter: