Poste - Canadian Coalition for the Rights of Children

Selection criteria of demonstrating an ability to
successfully establish can prevent particularly
needy refugees from being selected.
—Canadian Council for Refugees 43
Because priority should be given to the most
vulnerable, we recommend that the likelihood
of successful establishment in Canada not be a
requirement.
—Immigration Legislative Review Advisory
Group 44
On those occasions when refugees with “greater needs”
are selected, the numbers are usually small. For example,
Quebec annually accepts five claimants with physical
disabilities and gives priority to those with the most
minor disability. 45
The Minister of Immigration and Citizenship Canada is
now proposing to “shift the balance toward protection
rather than the ability to settle successfully in selecting
refugees.” 46
In cases where assistance by the Canadian government or
sponsorship by a Canadian group is arranged, assistance
can include “housing, food, clothing, incidental expenses,
community orientation, help in finding a job and some
support in dealing with the challenges of settling in a new
country.” 47
Another discriminatory element of Canada’s refugee
system is that in some cases, a refugee may not be
admitted because the refugee “might reasonably be
expected to cause excessive demands,... on health or
prescribed social services.” 48
H O W D O E S C A N A D A M E A S U R E U P ?
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The Immigration Legislative Review Advisory Group said
it was inappropriate “to require that persons in need of
protection or their families meet the requirements
regarding excessive costs for health services.” 52
Citizenship and Immigration Canada recently
acknowledged that “the current excessive demands
provision as applied to spouses and dependent children is
often perceived as inhumane, and the decision-making
process slow. A significant number of refusals of spouses
and dependent children on excessive demands grounds are
overturned either on appeal to the Immigration Appeal
Division of the Immigration and Refugee Board or on
humanitarian or on compassionate grounds when a
Minister’s permit is issued.” The department says that
“further research is being undertaken to assess the impact
of removal of the excessive demands provision” and that
“discussions with provincial and territorial governments
will take place.” 53
Claiming Refugee Status
in Canada
The fundamental weaknesses in the Canadian
refugee determination system lie at the beginning
and end of the process, rather than in the refugee
determination itself. Barriers to access to the
system mean that refugees in need of protection
are never allowed to be heard by the Immigration
and Refugee Board. At the other end, claimants
who are refused status are not given a fair
opportunity to have the decision reconsidered or
have other reasons for fearing removal reviewed.
—Canadian Council for Refugees 54
What are excessive demands on health or social services?
These medical requirements for permanent residence status deny a disabled person, whether he or she is in Canada
or abroad, from becoming a permanent resident. 49 In Yogeswaran v. Canada (Minister of Citizenship and Immigration)
(1997): 50
The applicant sought to review a decision of a visa officer refusing his application for permanent residence
due to the medical inadmissibility of his 11-year-old dependent son. One of the medical doctors who
provided the respondent with the opinion stated that the key social service that the boy would require was
a placement in special education classes.... There was sufficient evidence before the medical officers for
them to determine that the admission of the dependent’s son would cause excessive demands on social
services and the court was satisfied that education is a social service. Given that this was a medical opinion
being given by the medical officers, it was not reasonable to expect a full examination of the costs of social
services in such an opinion. Excessive demand means more than normal. The application for judicial review
was dismissed. 51