Skip to Full Menu

Providing information, education, and training to build knowledge, develop skills, and change attitudes that will lead to increased independence, productivity, self determination, integration and inclusion (IPSII) for people with developmental disabilities and their families.

High Court Says Immigration Officials Cannot Reject Families On Child's Disability Alone
By Dave Reynolds, Inclusion Daily Express
October 25, 2005

OTTAWA, ONTARIO--Canada's Supreme Court ruled 7-2 last Friday that families should not be kept from immigrating to the country simply because they have a child with disabilities.

The decision sends two cases back to immigration officials to be reconsidered: The family of South African businessman David Hilewitz, who has a son described by the Globe and Mail as "mildly retarded", planned to move to Canada, as did the family of Dutch dairy farmer Dirk De Jong, who has a daughter that was also described as "mildly retarded".

Both families said they have the resources to pay for any supports their children may need.

But guidelines in Canada's Immigration Act allow officials to reject families whose children are considered likely to place "excessive demands" on the county's social welfare system. Both families were rejected solely on that basis.

The court sent the two applications back to the Minister of Citizenship and Immigration for reconsideration by different visa officers.

"Willingness to pay for handicapped kids relevant in immigration: high court" (Macleans)
"Ruling could change way disabled immigrants processed" (Globe and Mail)


©2018 The Minnesota Governor's Council on Developmental Disabilities
 370 Centennial Office Building  658 Cedar Street   St. Paul, Minnesota 55155 
Phone: 651.296.4018   Toll-free number: 877.348.0505   MN Relay Service: 800.627.3529 OR 711   Fax: 651.297.7200 
Email:   View Privacy Policy   An Equal Opportunity Employer 

The GCDD is funded under the provisions of P.L. 106-402. The federal law also provides funding to the Minnesota Disability Law Center,the state Protection and Advocacy System, and to the Institute on Community Integration, the state University Center for Excellence. The Minnesota network of programs works to increase the IPSII of people with developmental disabilities and families into community life.