English

Facts

The Hilewitz Family

David Hilewitz of South Africa applied for permanent residence in Canada under the investor category. Mr. Hilewitz’s son, Gavin, was diagnosed with an intellectual disability. Gavin was examined by a medical officer and due to his disability, was deemed inadmissible under s. 19(1)(a)(ii) of the Immigration Act. It was found that Gavin would require use of a variety of social services and special education.

Immigration Rules

Immigration to the United States of America is governed by the Immigration and Nationality Act (INA).

Immigration to Australia is governed by the Migration Act, which is explicitly exempted from the Disability Discrimination Act. While disability discrimination is against the law in Australia, the Department of Immigration and Multicultural Affairs (DIMA) is exempted from this law when dealing with potential migrants and refugees with disability.

Health Requirements

The United Kingdom’s Immigration Rules

The United Kingdom’s Immigration Rules outline possible medical grounds of exclusion for visa applicants. Rule 36 provides for an Immigration Officer to refer any person seeking entry to the UK to a Medical Inspector at the port of entry for medical examination and to refuse entry if the person is not cleared. Usually, only persons intending to remain in the UK for 6 months or more are required to have medical clearance.

Statistics Canada’s Participation and Activity Limitation Survey (PALS) is the most important and comprehensive source of disability statistics in Canada and is seen as a best practice model internationally. CCD is concerned that Human Resources Skills Development Canada (HRSDC) has not yet committed funding for a PALS for the 2011 census.

The Council of Canadians with Disabilities (CCD) met in Ottawa in late January. One of the topics of concern was the impact that new security measures will have on travelers with disabilities. CCD understands the need for security; however, we also believe that Canada's security measures should be implemented in a manner that respects human rights principles and the principles of universal design.

12 February 2010

For Immediate Release

What to Do When the House Prorogues?

January 18, 2010

Open Letter to Members of Parliament

 January 8, 2010

Prime Minister Harper has prorogued the House of Commons. A new session will begin March 4th and a new session means a Throne Speech and a Budget.

Members of Parliament will be spending more time in their constituency offices in January and February. NOW is the perfect time for us to ensure that they know the priorities of Canadians with disabilities.

Call, write or meet with your Member of Parliament before the end of February.

Tell them about our national priorities.