Jan. 10, 2002. 01:00 AM
Degrading treatment
The bureaucrats at the federal immigration
department evidently don't understand that there is a difference.
They refused to grant permanent residency
to the 44-year-old German teacher, who holds two graduate degrees, speaks
four languages and is married to a Canadian citizen, on the grounds that
she might make excessive demands on the health-care system. Chesters has
multiple sclerosis.
The best they could offer her was
a ministerial permit. She would still be considered "inadmissible'' but
would be allowed to stay for five years.
"Everything Canada could have done
it did, correct?'' demanded federal lawyer Debra McAllister in court this
week.
"Incorrect,'' Chesters replied.
Incorrect indeed — in ways that go
far beyond the legal case the Federal Court is considering.
Chesters has launched a constitutional
challenge, alleging that Section 19 of the Immigration Act, under which
she was rejected, violates Canada's Charter of Rights. She contends that
the legislation allows discrimination on the basis of disability.
Whether the court decides in Chesters'
favour or not, the way she was treated is an embarrassment. It contravenes
Canadian values and basic human decency.
Chesters' manifest ability to contribute
to the country was judged less important, by immigration officials, than
the possibility that she might someday need nursing care. The fact that
she wanted to share a life with her Canadian husband mattered less to federal
bureaucrats than her notional health bills.
It was only when Chesters threatened
legal action that they tried to mollify her with a ministerial permit.
Her determination to press ahead
with the case is admirable.
No individual who knocks at Canada's
door should be subjected to such degrading treatment.
Angela Chesters didn't want an act
of charity. She wanted the simple act of dignity of being judged on her
merits, not her disability.
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