In the face of the global COVID-19 pandemic, law- and policymakers are taking and contemplating drastic measures to minimize the spread of the virus. But hasty and broad punitive measures may perversely undermine public health objectives while also violating human rights — so it is essential that any measures be appropriately narrow and comply with … Read more
Highlights of our work in Canada and around the world from April 1, 2018, to March 31, 2019.
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Criminal law has perpetually trapped sex workers within dualities of criminality and victimization. Whereas the previous criminal offences concerning sex work framed sex workers in terms of nuisance and criminality, the passage of the Protection of Communities and Exploited Persons Act (PCEPA) in 2014 legally enshrined sex workers as victims, invalidating the labour of sex … Read more
People living with HIV are allowed to travel to Canada. However, HIV status is one factor considered by the Government of Canada when deciding if a person can stay in Canada for an extended period of time. This Q&A provides information on how Canadian immigration law and policy affect people living with HIV who wish … Read more
Today, after years of advocacy by HIV, disability and migrant rights organizations, the Minister of Immigration, Refugees, and Citizenship announced changes to the rules that exclude would-be residents of Canada based on projected “excessive demand” on health and social services. These changes, however, fall far short of the full repeal of the current flawed, discriminatory … Read more
OTTAWA, March 27, 2018 – Today, Maurice Tomlinson, Senior Policy Advisor with the Legal Network, spoke to the House of Commons Standing Committee on Citizenship and Immigration about his personal experience of immigrating to Canada and shared recommendations for improving the process for LGBTQ refugee claimants. Click below to download the text of his oral … Read more
“By some estimates, approximately 400 million LGBT persons live under the threat of criminal imprisonment or even death in their home country. The Immigration and Refugee Board (IRB) is faced with thousands of refugee claimants each year trying to escape persecution in their home country simply because of their sexual orientation, gender identity or gender expression. While strides have been made to improve the cultural sensitivity of IRB members, more could be done to enhance the cultural competence of IRB members—charged with making decisions about the lives of LGBT persons seeking asylum in Canada.”
The Canadian HIV/AIDS Legal Network stands in support of the Private Member’s Bill to repeal Section 38(1)(c) of the Immigration and Refugee Protection Act (IRPA)—which we called for before the Standing Committee on Citizenship and Immigration last November. We hope that Parliamentarians from all parties will vote in favour of this proposal.
Judgement issued by The Honourable Mr. Justice Ahmed on December 19, 2017.