A senior immigration official invited Felipe Montoya to the meeting. He says he didn’t know what to expect.
It was April 20, 2016. It was shortly after Montoya made a fuss on national television about his son’s Down Syndrome, which denied him permanent residence in Canada.
Montoya, a professor at the University of York and from Costa Rica, said he only wanted the federal government to change immigration law so that it would not discriminate against immigrant candidates based on disability.
Montoya flew to Ottawa to meet two senior officials at the office of then-Minister of Immigration John McCallum.
“They said,’We want to talk to you.’ I didn’t know what was going on here. I had the impression that all media coverage made them uncomfortable. Will you silence me or will we have an honest conversation? ”The 61-year-old recalls his thoughts.
“I’m from Latin America, and in many of our countries people disappear. I don’t know what will happen.”
However, at the end of the two-hour or longer meeting, Montoya and officials agreed that protecting disabled people from immigrants is discriminatory and that the law must be changed to match the values of Canadian inclusion. I went away.
Approximately five years after the meeting, last week, Ottawa targeted future permanent and temporary migrants in health conditions “reasonably expected to cause excessive demand” for Canadian health. Announced that it will permanently change the so-called “medical disapproval rules”. Or social welfare.
So how does a man’s fight with the government move the mountain and lead to a regulatory change called “Niko’s Amendment,” named after his now 18-year-old son?
In 2012, Montoya came to Canada with a tenure job permit from the University of York’s Faculty of Environment to lead a project to bring together education, research and community efforts to promote environmental conservation.
He applied for permanent residence a year later, but in 2016, Nico, then 13 years old, medically went to Canada because the boy’s health was expected to create excessive demand for Canadian social services. I was told that it was unacceptable.
The family was asked to submit a “reasonable and feasible plan” to offset the costs before the immigration application was considered.
Under immigration regulations, excess demand costs were linked to Canada’s average per capita health and social services, which was considered $ 21,204 in 2020. Its annually updated cost threshold has been exceeded.
Disappointed and disgusted, Montoya asked a colleague in York how to initiate a constitutional challenge against immigration rules.
“My son has Down Syndrome. This is unfair to people like my son,” Montoya said. “If I do nothing about this law, I will disappoint my son.”
Someone introduced him to Toronto immigration lawyer Hadite Nazami.
Mr Nazami said he was immediately impressed with Montoya’s determination to change the law, even if it meant that his opposition to the law would jeopardize his pending permanent application.
“Felipe had already decided not to get permanent residence unless he changed the law. He is a supporter in every sense,” Nazami recalled his first encounter with Montoya. He soon agreed to represent the family’s pro bono.
“My job as a lawyer is to act in the best interests of the client, but in this case his interests were in the public interest. There is no client like him. He is another He undermined his own (immigrant) outlook because he didn’t want anyone to face the same problem. “
After Montoya appeared on television and spoke to the media to share his story, the Immigration Minister’s office contacted him requesting a meeting attended by both him and Nazami.
At the meeting, the duo was otherwise perfectly healthy Nico, but due to all his disabilities, additional medical examinations (X-rays, blood tests, thyroid tests, pediatric assessments, psychologist cognition and development) I explained to the authorities that I had received (evaluation) and can be visibly identified.
They argued that the over-demand equation also discriminates against temporary residents such as Montoya. They were also taxpayers who contributed financially to the system but needed to justify their use of the service.
“More enactment of this law does not mean that people’s barrage will try to enter Canada just to solve health and disability problems,” Montoya said.
“That’s not the reason people go to Canada. Some people who want to go to Canada happen to have disabilities or health problems.”
Montoya argued that after a person passed a health assessment, no further screening for disability should be done. He also called for excluding existing social services such as “special education” from the health denial clause. He added that everyone should be evaluated for potential contributions, not specific obstacles.
The Immigration Bureau agreed that there was a problem with the rules, but said it would take more time to change the rules and that it would need the approval of the states responsible for those services.
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Montoya, wife Alejandr, Nico, and sister Tania returned to Costa Rica in June 2016 because they did not know the future of family immigrants during the time-consuming legislative process. Two months later, they received a humane and compassionate exemption for permanent residence. , Through “Ministry Intervention”.
Experts in the field supporting the Montoya and family cases were invited to participate in a task force to evaluate and amend the law and its supporting rules.
The Parliamentary Immigration Commission also recommended that research on medical denial of immigrants be initiated and that relevant policies be abolished.
Montoya and Nico became the faces of the campaign, burdening their families and facing Nico’s disabilities. Some trolls began attacking them on social media and talk shows, accusing their families of enjoying the benefits of Canada and telling them to return to Costa Rica.
“It was sacrificed. It was intense and required a lot of energy,” Montoya said. “There was a lot of support from the Canadians in our struggle. There was a great deal of anger from (comedian) Rick Mercer in support of our case. Such an expression of support gave me. Inspired. “
In 2018, the federal government made a temporary change to the healthcare denial rule by trebling the excess demand cost threshold and removing special education from the cost equation’s count for social services. I did.
A preliminary review of policy changes revealed that 62 applicants and their families with “manageable” health, who would have been denied entry in the past, were able to come to Canada and make financial contributions. understood.
In addition, there were 70 applications related to special education services not related to medical care. All approved.
After two years of negotiations with the states and territories, the government proposed to make the change permanent in March.
Both Montoya and Nazami are pleased with the announcement, but said the proposed regulatory amendment remains discriminatory.
Mr. Nazami has never seen a permanent resident application denied due to a disability, but people with “visible disabilities” like Nico face additional scrutiny for a more annoying health check. He said it would be attached.
In December, after waiting months for medical permission to apply for permanent residence in a family, Vancouver’s Eitan Israelov was flagged in his proceedings because his son Liam, almost five years old, had autism. I was shocked to know that.
This condition “may reasonably be expected to cause excessive demand for health and social services to the extent that the applicant is unacceptable,” the note said.
Since then, cybersecurity consultant Israelov has volunteered for additional reports from pediatricians, behavioral consultants, and the Capilano University Early Intervention Team to support their applications.
“It’s a mistake. They have already changed their policies and need to stop this (practice),” said Israel, who came to Canada in 2018 with his wife Nicole (26) and Liam and his sister Melody. Hu (29 years old) said.
“Why are they delaying our application? Liam was diagnosed in Canada. I didn’t (intentionally) come here to use social welfare services here.”
Unlike others who remain silent despite suffering from excessive demand policies, Montoya is a reliable and safe profession in Costa Rica, even if the family does not have permanent residence in Canada. He said he was honored to be able to obtain.
“I believe a grain of sand can upset the balance. We imagined it could affect the law, so I spent a lot of time on it.” He said.
“I was pushed by that possibility.”
How this teenage immigrant father with Down Syndrome fought the Canadian government — and won