{"id":25087,"date":"2025-09-12T09:56:53","date_gmt":"2025-09-12T13:56:53","guid":{"rendered":"https:\/\/www.hivlegalnetwork.ca\/site\/?post_type=blog22&p=25087"},"modified":"2025-09-12T10:20:53","modified_gmt":"2025-09-12T14:20:53","slug":"returning-to-federal-court-in-constitutional-challenge-of-canadas-excessive-demand-regime","status":"publish","type":"blog22","link":"https:\/\/www.hivlegalnetwork.ca\/site\/returning-to-federal-court-in-constitutional-challenge-of-canadas-excessive-demand-regime\/","title":{"rendered":"Returning to federal court in constitutional challenge of Canada\u2019s \u201cexcessive demand\u201d regime"},"content":{"rendered":"On September 18, 2025, at 9:30 a.m., the Federal Court will hear the HIV Legal Network\u2019s motion to rejoin a constitutional challenge to Canada\u2019s \u201cexcessive demand\u201d regime in immigration law. This hearing is a critical moment in the fight to ensure that Canada\u2019s immigration laws respect the Charter and protect the rights of people living with HIV.<\/p>\n

This case arises from Immigration, Refugees and Citizenship Canada\u2019s decision to deny a work permit to an applicant based on his HIV status, citing s. 38(1)(c) of the Immigration and Refugee Protection Act<\/em>. This provision bars entry or stay in Canada for people whose health needs are expected to create an \u201cexcessive demand\u201d on public healthcare services.<\/p>\n

The HIV Legal Network has fought against this discriminatory regime since its introduction in 2001, highlighting how it stigmatizes people living with HIV and excludes them from equal access to immigration pathways. At this hearing, the Legal Network – supported by Downtown Legal Services – will argue that it should be granted public interest standing because of its deep expertise, long record of advocacy, and unique ability to bring forward the voices and evidence of people most affected by this law.<\/p>\n

Details<\/h4>\n