2. Medical Inadmissibility

Jun 2016
Whereas:
  1. Permanent residence applications are often refused by IRCC for reasons of medical inadmissibility;
  2. Those refused include applicants with family members with disabilities;
  3. A disability is not a health condition,
  4.  A disability is one of the grounds with Charter protection; 
Therefore be it resolved:

that the CCR:

  1. Take the position that people with disabilities should not be inadmissible for health grounds;
  2. Call upon IRCC to review Section 38 of the Immigration and Refugee Protection Act and the procedures and guidelines of medical inadmissibility for discriminatory content against persons with disabilities.

5. Mental Health and Detention - part 1

Jun 2012
Whereas:

there are numerous gaps in services for immigrants and refugees with mental health issues and serious problems with the legal framework

Therefore be it resolved:

that the CCR advocate in favour of:

  1. The right to State-funded counsel for persons with mental health issues.
  2. Access to mental health services for persons in detention, including assessment, counselling, and treatment.
  3. Training on mental health issues for all CBSA officers, IRB members, designated representatives and other stakeholders.
  4. Guidelines to provide for flexibility to enable PIF or BOC amendments without consequences for refugee claimants and
  5. Relaxed timelines for all vulnerable persons.
  6. Repeal IRPA sections 64 (2) (no appeal for a person with a sentence of 2 years or more) and 68 (a) (automatic termination of stays of removal in the event of subsequent conviction.
Working Group:

5. Mental Health and Detention - part 2

Jun 2012
Whereas:

conditions imposed on individuals to be released from detention by the Immigration Division and conditions imposed for a stay of a deportation order by the Immigration Appeal Division do not always take into consideration difficulties of compliance for people with serious mental health issues.

Therefore be it resolved:

that CCR advocate that the IRB develop a policy for decision makers that requires that all conditions of release and stay take into account the ability of the person to comply with the conditions in light of their mental health status.

Working Group:

1. Interim Federal Health Program (IFHP)

Jun 2012
Whereas:
  1. Anyone who resides in Canada should be entitled to an acceptable level of healthcare;
  2. The Canada Health Act enshrines the principle of universality;
  3. Preventative healthcare is both more humane and more economical than curative healthcare; and
  4. The International Covenant on Economic, Social and Cultural Rights recognizes that everyone has the right to “the highest attainable standard of physical and mental health” and that States have a duty of non-discrimination in the realization of that right.
Therefore be it resolved:

That the CCR oppose the reductions to the IFHP announced in April 2012 and advocate:

  1. For the cancellation of the announced reductions,
  2. Against any other reductions in IFHP coverage, and
  3. Against any differentiation in coverage based on category of refugee or claimant, or stage of processing (e.g. claimant, accepted refugee, refused refugee, government-assisted refugees, privately-sponsored refugees).
Working Group:

5. Mental Health and Detention - part 3

Jun 2012
Whereas:

individuals with mental health issues, who have had no involvement with the criminal justice system, are detained in provincial criminal institutions,

Therefore be it resolved:

that the CCR advocate that CBSA cease this practice, provide individuals with accommodations that respect their dignity, and provide access to appropriate services.

Working Group:

2. Interim Federal Health Program (IFHP)

Jun 2012
Whereas:

The federal government announced reductions to the Interim Federal Health Program in April 2012 and these changes are slated to come into effect on June 30th, 2012.

Therefore be it resolved:

that the CCR calls upon the provinces and territories:

  1. To urge the federal government to stop the changes to the Interim Federal Health Program.
  2. To consult and work with affected communities and those that work with those communities to ensure all persons affected by the announced IFHP reductions receive the health care they need.

9. Refugees with HIV/AIDS or terminal illnesses

Nov 2007
Whereas:
  1. Refugees and other uprooted people who have HIV/AIDS or terminal illnesses are struggling with multiple complex issues with a sense of urgency;
  2. Refugees and other uprooted people who live with HIV/AIDS or suffer from terminal illnesses lack family support in Canada, which is crucial to their wellbeing and support for children in the case of their death;
Therefore be it resolved:

That the CCR advocate for:

  1. Fast-track processing of the refugee claims of people living with HIV/AIDS or a terminal illness;
  2. Fast-track attempts to reunite family members of those who live with HIV/AIDS or suffer from a terminal illness and Temporary Residence Permits to be provided to their relatives where sponsorship is not an option.
Working Group:

9. Persons with mental health issues before the IRB

May 2007
Whereas:
  1. The needs of persons with mental health issues are not being adequately addressed by any of the divisions of the IRB;
  2. The guidelines for vulnerable persons do not meet these needs;
Therefore be it resolved:

That the CCR advocate for the creation and implementation by the IRB of specialized mental health tribunals modelled upon the mental health courts in the criminal justice system.

Working Group:

7. Reproductive Health

Nov 2005
Whereas:

The US Women’s Commission for Refugee Women and Children has prepared a Reproductive Health General Statement that outlines challenges to comprehensive reproductive health care for women, men and youth in conflict-affected settings and calls for increased funding and political support for reproductive health services;

Therefore be it resolved:

That the CCR:

  1. Support the provision of comprehensive gender-based reproductive health care for all, and women and girls in particular, in conflict-affected settings.
  2. Recognize that diminished political support for reproductive health combined with reduced funding for these programs can have and is having a devastating impact on refugee and displaced women, men and youth.
  3. Endorse the Reproductive Health General Statement that calls upon the US government, lawmakers, donors, United Nations agencies and non-governmental organizations to renew their commitment and strengthen their response to reproductive health needs for women, men and youth in conflict-affected settings through increased funding and political support.

11. H&C and medical inadmissibility

Nov 2005
Whereas:
  1. Section 25(1) of IRPA grants the Minister broad discretionary authority to exempt an inadmissible person from any provisions of the Act or Regulations, if there are humanitarian and compassionate reasons for doing so;
  2. The Regulations severely restrict this broad discretionary authority by requiring persons who are approved in principle for landing on H&C grounds to meet all admissibility requirements in order to be landed, including medical admissibility;
  3. A person who receives a positive H&C decision and who is found medically inadmissible is refused landing and may face removal from Canada to a place where their life is at risk, or, if granted a temporary resident permit (TRP) for three years, may then be denied provincial health insurance coverage during the three year TRP period and thus face a risk to their life due to inability to access adequate medical care in Canada;
  4. Applying the criterion of medical inadmissibility to a person who has been granted approval in principle on H&C grounds constitutes discrimination contrary to section 15 of the Charter of Rights and Freedoms and is an improper fettering of the Minister’s discretion under section 25(1) of IRPA;
Therefore be it resolved:

That the CCR request an amendment to the Regulations requiring that a person who is granted approval in principle for landing on H&C grounds be exempt from medical admissibility criteria and be landed without delay.

Working Group:

12. Access to health

Nov 2004
Whereas:
  1. Some of the provincial health insurance plans (such as OHIP in Ontario) do not provide provincial health insurance coverage for “family members” of protected persons who are residing in Canada and who are being processed for permanent resident status simultaneously with the protected person;
  2. It is a waste of resources to have to make a refugee claim for these family members in Canada just so that they will have IFH coverage;
Therefore be it resolved:

That the CCR request all provincial health ministers to ensure that the family members of protected persons are eligible for provincial health insurance coverage.

Working Group:

3. Special needs refugees

May 2004
Whereas:
  1. 75% of GARs currently arriving in Canada have special needs.
  2. Settlement agencies and sponsors are not equipped to respond to these special needs.
  3. These special needs include urgent medical needs.
Therefore be it resolved:

That the CCR urge CIC and MRCI to:

  1. Recognize the extent of these special needs and reflect this in the training and resourcing of federally funded settlement service providers and those funded through provincial partnerships or programs.
  2. Together with other relevant federal departments, provincial counterparts and educational institutions training health care providers, to seek ways to address the training needs of health providers with respect to refugee trauma and torture and cross-cultural awareness.
  3. Review the current RAP allocation model and upgrade dollars and timeframes to better support these special needs.

11. Interim Federal Health issues

May 2004
Whereas:
  1. The problems with the IFH program have been mounting.
  2. The IFH Advisory Committee has become inactive.
Therefore be it resolved:

That the CCR urge Medical Services Branch to mobilize the IFH Advisory Committee to develop solutions to: a) registration problems b) the complex claim process c) the slow reimbursement scheme d) inadequate resources for increasing special needs.

3. Second medicals for refugees recognized in Canada

Nov 2002
Whereas:
  1. Refugees recognized in Canada have already undergone a medical on arriving in Canada;
  2. CIC is interpreting the new immigration legislation to require a second medical, on application for permanent residence, where more than 12 months have passed since the first medical.
  3. It is arbitrary, inefficient and discriminatory to target refugees simply because the waiting period between their arrival in Canada and their application for permanent residence exceeds 12 months.
Therefore be it resolved:

That the CCR reject CIC's interpretation and oppose a mandatory second medical for refugees who make their application for permanent residence in Canada, and that the CCR communicate this position to CIC.

22. Mental health

Nov 2002
Whereas:
  1. In 1994, CCR passed a resolution urging the implementation of the recommendations outlined in "After the Door Has Been Opened" in regard to the mental health of refugee and immigrants;
  2. There has been no documented implementation or follow-up on the recommendations;
  3. There are limited and restricting resources for mental health services under the Interim Federal Health Program;
Therefore be it resolved:

That the CCR:

  1. Request the development of a joint task group made up of CCR, CIC, Health Canada and relevant Québec ministries to investigate the outcome of the report's recommendations with an intent to re-evaluate the current status of mental health programming for refugees and immigrants and develop a national implementation strategy;
  2. Request that CIC, Health Canada and their Québec counterparts provide the resources to facilitate the consultation processes;
  3. Put in place measures to ensure broad representation of all stakeholders i.e. mental health practitioners, refugees and settlement providers;
  4. Request that as an interim measure, CIC ensure that resources are provided to the Interim Federal Health Program to provide for both short and long-term mental health services and that it be applied consistently across Canada.
Working Group:

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