New Canadian caregiver law has loophole

Published by rudy Date posted on June 9, 2010

CANADA – The Toronto Star reported that a new Canadian law inspired by a Filipino caregiver who died of cancer last year has a gigantic loophole that leaves caregivers who fall sick open to deportation.

The Juana Tejada Law that went into effect in April was supposed to provide relief to live-in caregivers.

Under the regulation, caregivers who have worked in Canada for a sufficient amount of time no longer need to undergo a second medical examination as a condition for permanent residency.

The law came about after community activists crusaded on behalf of Tejada who was denied permanent residency when she was stricken with cancer during her tenure as a caregiver in Canada.

However, the new law still allows immigration authorities to “retain the discretion to request a medical examination,” which virtually reverses the intent of the new law.

“Nothing has changed,” Tejada’s lawyer Rafael Fabregas told the Toronto Star. “It is still possible for somebody to be required to take the second medical exam, fail and be refused.” Balitang America

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