Ireh Iyioha (University of Toronto – Canadian Institutes of Health Research) on A Different Picture Through the Looking-Glass: Equality, Liberalism and the Question of Fairness in Canadian Immigration Health Criteria on SSRN:
This paper provides a critical evaluation of section 38 of Canada’s Immigration and Refugee Protection Act (IRPA), which identifies three health grounds on which an individual may be denied entry into Canada. It examines the medical inadmissibility criteria against international human rights norms, liberal interpretations of justice and research data on patterns of immigrant utilization of healthcare services in Canada. The dominant perspective presented by most liberal theories and the jurisprudence is that prospective immigrants (overseas) cannot assert a right under the Charter. The prospective immigrant’s legal entitlements are framed in the language of morality, which takes the issue outside the realm of justice.
Therefore, the primary aim of this paper is to set out the legal framework under which prospective immigrants under the IRPA can assert a right to equality and non-discrimination. One argument is that liberal perspectives do not present a sustainable theory in defence of discriminatory exclusionary criteria, based largely on the divergent views on the exact “geopolitical” boundary of justice.