At the HIV Legal Network, we have been challenging the \u201cexcessive demand\u201d provision since it came into effect in 2001, as the provision places an undue and discriminatory burden on people living with HIV. As recently as September 2023, when a new Minister of Immigration, Refugees, and Citizenship took office, the HIV Legal Network, together with the HIV & AIDS Legal Clinic Ontario (HALCO) and Coalition des organismes communautaires qu\u00e9b\u00e9cois de lutte contre le sida (COCQ-SIDA), called again for the immediate revocation of the provision.<\/p>\n
In the February challenge, we argue that the decision to deny the individual applicant\u2019s work permit was unreasonable and unfair. Moreover, we argue that the very existence of the \u201cexcessive demand\u201d provision is discriminatory, and thus inconsistent with s. 15 of the Canadian Charter of Rights and Freedoms. We highlight clear evidence, confirmed by the House of Standing Committee on Citizenship and Immigration in 2017, that the provision is harmful to foreign nationals living with health conditions, not only by increasing application costs and delays compared to those without health conditions, but also by perpetuating stigmatizing views that people with disabilities are burdens on society and that migrants merely abuse public programs. We stress that the provision does not consider any of the value that these individuals bring to Canadian society \u2014 including economic, social, and cultural. Finally, we highlight the IRCC\u2019s own evidence that the \u201cexcessive demand\u201d provision is ineffective in protecting the public health care system, as the provision leads to minimal savings. Provinces and territories have regularly asked IRCC to reverse its \u201cexcessive demand\u201d decisions and absorb the resulting minimal additional health care costs to benefit from the value that immigrants bring to Canada.<\/p>\n
In 2018, the Minister of Immigration, Refugees and Citizenship promised to revoke the \u201cexcessive demand\u201d regime, on the basis that \u201cit no longer aligns with our country’s values on the inclusion of persons with disabilities in Canadian society.\u201d We are calling on Canada to finally live up to this promise.<\/p>\n
Affidavit of Anonymized Applicant
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