Thangarajan v. Canada ( Minister of Citizenship and Immigration )
IMM-3789-97
Reed J.
5/8/98
7 pp.
Immigration Act, s. 19(1)(a)(ii) providing no person shall be granted admission to Canada as landed immigrant if might reasonably be expected admission will cause excessive demands on health, social services-Applicant's son moderately retarded-Denied admission on ground might reasonably be expected to cause excessive demands on social services in Canada-Costs incurred in providing special education to him within public school system considered-Provincial legislation providing for children with special needs in school system, whether gifted or mentally challenged-Special education provided for mentally challenged children within public school system not social service for purposes of Immigration Act, s. 19(1)(a)(ii)-In broad sense, social services meaning all social-type services provided by state to individuals-In narrower sense, meaning social services akin to welfare-If term used in broad sense in s. 19(1)(a)(ii), no need to identify health services as different, distinct category from social services generally-Had broad meaning been intended, likely s. 19(1)(a)(ii) would have been drafted to read "social services including health services", not "health or social services"-That health services considered distinct from social services indicating education, including specialized education provided within school system, also distinct-Applicant arguing school attendance both right of student, mandatory requirement for school-aged children-Noting public education in nature of fixed right, provided in Canada to children, and social services not generally viewed as matter of entitlement in same sense-Instead viewed as benefit provided by Canadian society to those in need of assistance, often subject to means test for eligibility or cost recovery based on usage-Applicant also arguing explanation given by government officials of meaning of social services when legislation enacted in 1977 supporting interpretation equating social services with services of welfare type provided to persons who cannot support themselves-Applicant noting under most, if not all, provincial legislation, education services including that provided to children with special needs, dealt with under different legislative regime, and by different government department, than social programs and social services-Respondent relying on Trial Division cases accepting special education programs existing within public school systems social services within s. 19(1)(a)(ii)-With few exceptions, cases decided without benefit of argument special education programs existing within public school systems not social services-Such argument made in Yogeswaran v. Canada (Minister of Citizenship and Immigration) (1997), 129 F.T.R. 151 (F.C.T.D.) where decision opposite to one accepted herein-Question certified therein for Court of Appeal to decide matter-In case appeal in Yogeswaran not pursued, respondent given opportunity to make submissions with respect to possible certification of question-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(a)(ii) (as am. by S.C. 1992, c. 49, s. 11).