The Immigration and Refugee Protection Act (“IRPA”) stipulates that foreign nationals are inadmissible to Canada on health grounds if their health condition might reasonably be expected to cause an “excessive demand” on health or social services, or if they have an inadmissible family member (i.e., an inadmissible spouse or dependent child). In this submission, we will outline how the excessive demand regime violates the Canadian Charter of Rights and Freedoms (“Charter”), contributes to stigma and discrimination against people living with HIV, is inconsistent with international law and the practice of other countries is a cumbersome and inefficient process to administer, and undermines the objectives of the Immigration and Refugee Protection Act (“IRPA”).

Download