Medical Inadmissibility: Fight or flight?

Seminar ID
Date and time
Wednesday, October 9, 2013 at 09:00 EDT   see it in calendar
Cecil Rotenberg
Cecil Rotenberg
presenter's bio
  • recording
  • in English
CPD hours
ICCRC 6 CPD hours available until: 22.12.2016
LSUC 1 Professionalism hours - Validity of the recording expired on: 08.10.2016 , 5.25 Substantive hours
LSBC 6.5 CPD hours - Validity of the recording expired on: 31.12.2014
Barreau du Québec 6.5 CPD hours - Validity of the recording expired on: 24.09.2015

Part I – Introduction, Overview (1.5 hours)
• A comprehensive look at s. 19.(1)(ii) and the current s. 38
• The meaning and limitation of exemption in s. 38: “excessive demand”
• An approach to a medical inadmissibility case from the very beginning
• An approach when the health condition shows up in the medicals after interview
• Ethical considerations (15 min):
o Competence – knowledge, experience, skills
o Managing expectations – honesty and candour
o Preparing for an appeal

Part II - The “fairness letter” (1.5 hours)
• A review of the official medical bulletins – OB 063, OB 063B, etc. as they relate to the fairness response and to the declaration of ability and intent
• Who reviews the fairness response: the Medical Officer alone or the Visa Officer
• A review of the source material required before one can undertake an inadmissibility case
• The nature of the medical exam – by designated doctor – by a specialist to whom the matter is referred – the furtherance letter
• The nature of the health condition, whether or not the health condition has been cured
• The issue of various health and social services as they affect the outcome with some provincial analysis
• Hilewitz fully analyzed with background cases, the position of the Federal Court of Appeal and the Supreme Court of Canada with two Québec judges dissenting
• Procedural fairness by the Medical Officer
• An examination of Parmar and Sapru in the Federal Court of Appeal
• The current challenge to Hilewitz – the Lawrence case
• The role of pharmaceuticals in medical decision-making – Jaffarian
• Miscellaneous matters

Part III - Medical inadmissibility at the Immigration Appeal Board (1.5 hours)
• The ethical role of counsel and their obligation to advise (15 min)
o The position of counsel if retained during the presentation of the appeal
o The processing level of practice at the Appeal Board
o The duty of counsel to get proper opinions to the appellate client
• The meaning of an appeal de novo:
a) With respect to ss. 4 and 4.1, i.e. new legislation prior to the hearing of the appeal – MacDonald
b) The role of the Appeal Panel together with a deference to be given to the medical tribunal or to the visa officer – Canada v Jiwanpuri and Gao v Canada
c) The nature of the appeal process, the Appeal Board and the adversarial aspect of quasi judicial hearings – does the onus shift?
d) New medical information – s. 38 speaking in the present tense
e) Why does Mohamed have to date the medical at the time it was taken for appeal purposes or for H&C considerations?

Part IV - Particular health conditions and questions (1.5 hours)
a) Knees – Total Knee Arthroplasty (TKA) and other joint related problems related to osteoarthritis
b) Cancer – cancer staging, the various types together with cancer probability
c) Heart
d) Contagion – AIDS
e) Renal failure
f) Stroke
g) Diabetes
h) Blindness
i) Deafness
j) Other health conditions

Hart House, University of Toronto
7 Hart House Circle
Toronto, ON
M5S 3H3

Capacity: 50

Parking: $ 15 per day. Credit card or coins. Pay at the pay machine. Short walk from TTC.
6.5 hours
  • regular fee - $ 180.00


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