Lee v. Canada (Minister of Citizenship and Immigration), [2006] F.C.J. No. 1841

Facts

The Applicant applied under the "entrepreneur" category prior to June 2002, and, although he was found to qualify, he was found to be inadmissible, pursuant to s. 38(1) of the Immigration and Refugee Protection Act (IRPA). On the basis of medical evidence, the Officer found that Mr. Lee’s health conditions, which included polycystic kidney disease, hypertension, moderate mitral regurgitation and chronic renal failure, would reasonably be expected to cause "excessive demands" on Canada's health services.

Decision

Mr. Lee relied on Hilewitz and argued that, as he is an entrepreneur with considerable net worth, the Officer erred by failing to consider his ability to provide for his own health care.

The Court rejected the argument that Hilewitz applies equally to health services because Hilewitz dealt specifically with the ability to pay for social services. The Canada Health Act provides that the health services are insured services covered by provincial and territorial publicly funded health care insurance plans. In Mr. Lee’s intended province of residence, Ontario, legislation prohibits all private contracts of insurance for insured health services.

Furthermore the Court found that an applicant with abundant resources would still pose "excessive demands" on Canadian health care by simply using up finite places in waiting lists.

The Court found that financial ability does not change entitlement or access to available health care, and this, compounded with the reality that there is no private health care available, results in the conclusion that financial ability to pay for health care is not a salient consideration in granting permanent resident status.
The Applicant applied under the "entrepreneur" category prior to June 2002, and, although he was found to qualify, he was found to be inadmissible, pursuant to s. 38(1) of the Immigration and Refugee Protection Act (IRPA). On the basis of medical evidence, the Officer found that Mr. Lee’s health conditions, which included polycystic kidney disease, hypertension, moderate mitral regurgitation and chronic renal failure, would reasonably be expected to cause "excessive demands" on Canada's health services.

Decision

Mr. Lee relied on Hilewitz and argued that, as he is an entrepreneur with considerable net worth, the Officer erred by failing to consider his ability to provide for his own health care.

The Court rejected the argument that Hilewitz applies equally to health services because Hilewitz dealt specifically with the ability to pay for social services. The Canada Health Act provides that the health services are insured services covered by provincial and territorial publicly funded health care insurance plans. In Mr. Lee’s intended province of residence, Ontario, legislation prohibits all private contracts of insurance for insured health services.

Furthermore the Court found that an applicant with abundant resources would still pose "excessive demands" on Canadian health care by simply using up finite places in waiting lists.

The Court found that financial ability does not change entitlement or access to available health care, and this, compounded with the reality that there is no private health care available, results in the conclusion that financial ability to pay for health care is not a salient consideration in granting permanent resident status.