NDP: END DISCRIMINATORY IMMIGRATION POLICY AGAINST PEOPLE WITH DISABILITIES

OTTAWA – In order to repeal an existing law in Canada’s Immigration Refugee Protection Act (IRPA), NDP Immigration, Refugee and Citizenship Critic, Jenny Kwan, is tabling a private member’s bill to remove the discriminatory clause. As it stands, Section 38(1) (c) of the Act discriminates against people with disabilities by allowing for the rejection of an entire family of applicants if one individual has a disability or medical condition.

“Enough is enough. The untold pain and suffering families have to endure when immigrating to Canada needs to stop,” said Kwan. “The government has been running consultations on the matter since October 2016. It’s now 2018, and the Minister has yet to take any steps in addressing an issue that is continuing to tear families apart.”

Section 38(1) (c) of the IRPA has been explicitly and repeatedly recognized by parliamentarians and committee witnesses as a policy enabling discrimination against individuals with disabilities. Families can be rejected if one individual has a disability or medical condition that officials believe could put “excessive demand” on Canada’s health and/or social services. This continues to be in place even though officials have confirmed that the “benefits” of the “cost-benefit” analysis are not in fact considered in this assessment. 

“The Minister of Immigration admitted that Section 38(1) (c) of IRPA goes against Canada’s stated values on inclusion and the ideals we purportedly uphold as Canadians,” added Kwan. “Why is he not taking urgent action to end this discriminatory practice?  How many more heart wrenching stories do we need to hear before the Minister acts?” 

Melissa’s permanent resident application was rejected because her son, Robert, has Downs Syndrome. It was rejected even though medical assessments state that Robert is capable of taking care of himself and is able to work in an unskilled or semiskilled position. Melissa is a single mother who has been separated from her children for nearly a decade while she takes care of other people’s children. She explained, “I always thought Canada did not discriminate against people because they are different. I thought Canada had protections for people who are different.”

“Do the lives of families like Melissa’s not matter?  What is happening is unconscionable. The Minister needs to see beyond the disability and must value the contributions of the entire family to Canadian society,” said Kwan. “There is no justification for this harmful discriminatory law to continue to be used. It is time to repeal Section 38(1) (c).”

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For six years, Rajesh Sharma has watched his parents grow older from half a world away.

The Vancouver area small businessman came to Canada from India, built a career, bought a home and met the income requirements to sponsor his mother and father.

His father’s health is failing. His mother now struggles to manage their home alone. Sharma spends his evenings arranging medical appointments from Canada and wondering how many more birthdays and family milestones they will miss.

Ottawa’s recent decision to suspend new applications for the Parent and Grandparent Program (PGP) until further notice has turned that uncertainty into something more final.

For Sharma and thousands of other immigrants, there is now no application date, no place in the queue and no assurance their aging parents will ever be able to join them permanently in Canada.

NDP immigration critic Jenny Kwan said the decision leaves Canadians and permanent residents with no date to apply, no guarantee the program will reopen and little hope of reuniting with aging parents caught outside the country.

“The government has shamefully once again suspended new intakes to the Parent and Grandparent sponsorship program,” she said.

“At this rate, it will take decades to clear the backlog. Families cannot afford to wait decades to be reunited with their parents and grandparents.”

Immigration, Refugees and Citizenship Canada announced July 15 that it will stop accepting new interest-to-sponsor forms and will not invite more potential sponsors to submit applications until further notice.

The department said it will continue processing applications already in the system and plans to approve up to 15,000 parents and grandparents for permanent residence in 2026.

The department currently has about 60,500 permanent residence applications under the Parents and Grandparents Program in progress.

Processing times are approximately 33 months outside Quebec and can reach 66 months in Quebec. About 54,000 expressions of interest from the original 2020 pool were still outstanding as of September 2025.

Kwan said the government is managing the backlog by restricting access rather than fixing a system that has kept families waiting for years.

“It has remained closed since 2020, shattering dreams of family reunification for thousands of Canadians and permanent residents,” she said.

“Families who have been eagerly waiting for the application system to reopen are once again being told by the Liberals that they are out of luck. It is a slap in the face of families who have waited so long to reunite with their loved ones.”

The suspension comes as Ottawa sharply reduces the number of parents and grandparents it plans to admit.

Under the 2026-2028 Immigration Levels Plan, the federal government has set a target of 15,000 admissions through the program in each of the next three years.

The previous plan had called for 21,500 admissions in 2026, meaning the new target represents a reduction of about 30 per cent.

*Click image or link to read the full news article - https://asianpacificpost.com/article/10670-%E2%80%9Chow-many-more-years-must-i-wait%E2%80%9D.html

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