{"id":25341,"date":"2025-11-27T13:27:39","date_gmt":"2025-11-27T18:27:39","guid":{"rendered":"https:\/\/www.hivlegalnetwork.ca\/site\/?post_type=publication22&p=25341"},"modified":"2026-03-09T15:24:29","modified_gmt":"2026-03-09T19:24:29","slug":"statement-on-the-federal-courts-decision-regarding-public-interest-standing-in-the-medical-inadmissibility-challenge","status":"publish","type":"publication22","link":"https:\/\/www.hivlegalnetwork.ca\/site\/statement-on-the-federal-courts-decision-regarding-public-interest-standing-in-the-medical-inadmissibility-challenge\/","title":{"rendered":"Statement on the Federal Court\u2019s Decision Regarding Public Interest Standing in the Medical Inadmissibility Challenge"},"content":{"rendered":"We are deeply disappointed by the Federal Court\u2019s decision dismissing the HIV Legal Network\u2019s application (\u201cmotion\u201d) for public interest standing in the constitutional challenge to Canada\u2019s medical inadmissibility regime.<\/p>\n

In February 2024, the HIV Legal Network joined RA, an international student living with HIV, in challenging section 38(1)(c) of the Immigration and Refugee Protection Act<\/em> (IRPA<\/em>) \u2013 the \u201cexcessive demand\u201d provision that allows Canada to deny people entry or stay because they or a family member have a disability or health condition. We argued the provisions violated section 15 of the Canadian Charter of Rights and Freedoms<\/em>, which guarantees equality and freedom from discrimination to everyone in Canada. RA\u2019s study permit renewal was refused on this basis, derailing his education and causing significant financial and emotional harm. As a public interest applicant, our aim was to make sure the government could no longer tell people they are \u201ctoo costly\u201d to belong.<\/p>\n

The \u201cexcessive demand\u201d provision rests on a flawed and stigmatizing assumption that people with disabilities or chronic health needs are an economic burden. In practice, it excludes people who contribute to Canada\u2019s social, cultural, and economic life, and it forces many more into years of delay, financial strain, and stigma as they attempt to prove to the government that they are not an \u201cexcessive demand.\u201d Meanwhile, no clear evidence shows that this provision produces any meaningful cost savings.<\/p>\n

In September 2024, following a request by the government, the Federal Court struck the Legal Network as a public interest party \u2013 not because we failed to meet the legal test for public interest standing (i.e., a serious justiciable issue, a genuine interest, and a reasonable and effective means of bringing the challenge), but because the Court held that we could only add ourselves through a formal motion for public interest standing. In July 2025, we brought that motion, explaining why our participation was essential:<\/p>\n