Liberals loosen rules that exclude immigrants on medical grounds

The Liberal government is loosening the rules than deem some prospective immigrants inadmissible on medical groundsbut is not yet eliminating a policy that many have calleddiscriminatory.

Immigration Minister Ahmed Hussen said the medical inadmissibility policy, which has been in place for more than 40 years, is "way out of date" andnot in line with Canadian values or government policies of inclusion.

Under the revised policy, newcomers won't be denied permanent residency if they or any of their children havedevelopmental delays, special education requirements, or a hearing or visual impairment. The anticipated health-care cost threshold the sum a prospective immigrant can't exceed in annual health care costs in order to be admissible will increase to about $20,000 a year,about three times the previous threshold.

Admissibility determinations are based currentlyon whether an immigrant's anticipated costs are expectedto exceed the average Canadian per-capita cost of health or social services over a five-year period, or whether the immigrant could add to an existing waiting list and delay health care for Canadian citizens or permanent residents.

Hussensaid he estimates the new rules will allow entry to about 75 per cent of the approximately 1,000 people previously rejected on medical grounds for "excessive demand." More consultation and study will be undertaken, he said,with the goal of eventually eliminating the medical inadmissibility policy entirely.

The immigration minister said he could not say if the provinces and territories would be compensated for potential extra costs, but said the impact will be studied.

No full repeal

"We're not going for full repeal, precisely because we want to continue the consultations. We heard it very loud and clear from the citizenship and immigration committee that this policy is ripe for change," he said.

When thecommitteestudied the issue last fall, Hussen said the government was committed to ditching the policy but the government would have to proceed with cautionbecause any change could affect provincial health-care and social service budgets. The Liberal-dominated committee recommended ending the policy.

Asked if the government is perpetuating a discriminatory policy, Hussen said the changes will bring it "closer in line" to Canadian values, while bringing on boardthe provinces and territories, which pay for publicly-funded health and social services.

NDP immigration critic Jenny Kwan said any move short of the policy's complete terminationignores the benefits these newcomers would bring to Canadian society andpaints them as a net drain on the system.

She said the changes still amount to discrimination despite the "vague assurances" from the minister that the policy eventually will be fully rescinded.

'It rings hollow'

"Frankly, that is him attempting to talk out of both sides of his mouth," she said. "It rings hollow and it is meaningless."

A coalition of disability, HIV/AIDS and immigrant rights groups condemned the changes, calling them"minor tweaks" to a deeply flawed regime.

The government has failed to bring its policies in line with Canada's domestic and international human rights obligations on inclusion for persons with disabilities.

Many high-profile cases have been reported in the media, including that of aprofessor at Toronto's York Universitywhose application for permanent residency wasturned downbecause his son has Down syndrome.

According to the rules on medical inadmissibility, a willingness or ability to pay is not a factor forpublicly funded services like those of a physician or hospital, since Canada hasno cost-recovery regime in place.

However, it is a consideration in assessing an applicant who has the financial means to defray costs of medication or services that are not publicly funded, such as HIV antiretroviral therapy.