https://www.washingtonpost.com/posteverything/wp/2017/02/03/canada-is-a-progressive-immigration-policy-dream-unless-you-have-a-disability/?utm_term=.dc2894befcbe
Justin Trudeau, Canada’s prime minister, speaks during a town hall
event in Kingston, Ontario, Canada, on Thursday, Jan. 12, 2017. (Cole
Burston/Bloomberg)

It’s no secret that many progressive Americans fetishize Canada as a
northern utopia: It has universal health care, it legalized same-sex
marriage a decade before the United States did, and it has a cute,
lefty prime minister (complete with a tattoo and a literature degree).
After President Trump restricted refugees, immigrants and travelers
from seven majority-Muslim countries, Prime Minister Justin Trudeau
tweeted: “To those fleeing persecution, terror & war, Canadians will
welcome you, regardless of your faith. Diversity is our strength
#WelcomeToCanada.” Cue collective liberal swoon.

The problem is that Canada’s immigrant policy isn’t quite as dreamy as
Americans might imagine. It includes a virtual ban on disabled
immigrants that goes back decades: Under Canada’s Immigration and
Refugee Protection Act, foreigners can be turned away if they “might
reasonably be expected to cause excessive demands on health or social
services.” What this means is families can be rejected for having deaf
children and spouses can be denied because they use a wheelchair, a
practice too harsh for even the United States’ difficult immigration
system.

The number of disabled immigrants rejected by Canada is not known.
Most of those turned away do not have the financial means to appeal,
and few cases get media coverage. But the cases that are brought to
the public’s attention are eye-opening.



Keep Reading 

In 2000, multimillionaire David Hilewitz and his son, Gavin, were
denied immigration from South Africa to Canada because Gavin has a
mild developmental disability. Angela Chesters, a German woman who
married a Canadian man abroad, was denied permanent residency after
the couple moved to Canada because she has multiple sclerosis. The
Chapman family was stopped at a Canadian airport when attempting to
emigrate from Britain in 2008 because their daughter has a genetic
abnormality . The Dutch DeJong family was turned down for immigration
because one of their daughters has a mild intellectual disability.”
Felipe Montoya, recruited from Costa Rica to teach at a Toronto
university, and his family couldn’t get residency because his son has
Down syndrome. In 2015, Canada denied Maria Victoria Venancio health
care and attempted to deport her after she became a paraplegic.

According to Roy Hanes, a Canadian social-work scholar and disability
advocate, even though Canadian law does not explicitly state that
disabled people are banned, the notion of “excessive demands” still
guides the immigration process. Potential immigrants must undergo
physical and mental health exams to prove that their bodies and minds
will not be a burden on Canada’s socioeconomic structure. The policy,
Hanes wrote in a history of Canadian immigration law, makes it
“extremely difficult for people with disabilities to become citizens.”

Hanes explains that this exclusionary policy arose from the outdated
concept that people with disabilities are not useful members of an
economy because they supposedly use too many resources. “The long-held
concern of social dependence remained as a major obstacle for people
with disabilities and it appears that people with disabilities were
continuously evaluated for what they might not be able to do and not
what they could do,” he wrote. “In this regard, immigration
legislation was based on economic ‘utilitarianism’ and people with
disabilities ranked very low when considering their abilities in terms
of economic productivity.”

According to some scholars, this anti-disability immigration policy
might violate Canada’s constitution, not to mention the U.N.
Convention on the Rights of Persons With Disabilities. Despite the
possibility of future reform — a piece of federal accessibility
legislation that could have implications for immigration is in the
works — Canada’s discriminatory policies are “entrenched,” according
to Global Disability Watch, and “show no signs of abatement.” The
group added that Canada’s practices show “how to build a
disability-free country.”




Underlying this policy is the assumption, borne straight from the
West’s nasty marriage of eugenics and capitalism, that a person ceases
to matter if they cannot be a “productive” member of society. Worth is
determined by contribution to a profit, by independence and by the
ability to pull one’s own weight. Of course the idea that anyone is
ever truly independent, or that we could possibly survive without one
another, is a complete myth. But it’s one of the central pillars of
the Western capitalist story — and one that Canada has embraced when
it comes to immigration.

In the United States, would-be immigrants must undergo physical and
mental examinations, mostly to prove that they will not cause harm to
others or commit crimes. The American system deserves plenty of
criticism, but disability advocates on both sides of the border tend
to see Canada’s policy as considerably more strict in this regard.
Yes, Trump is attempting new restrictions on immigration, while Canada
advertises its openness. But how many immigrants being rerouted from
the United States will be turned away because of disability in Canada,
a supposed sanctuary? Let’s not idealize a country that adheres to the
ableist idea, rooted in eugenics, tha


-- 
Avinash Shahi
Doctoral student at Centre for Law and Governance JNU


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