I’ve worked as a caregiver for elderly Canadians for close to a decade. In 2010 I applied to become a permanent resident. But my son is disabled. As a result I and my family may be refused the right to stay in Canada.
— Mercedes Benitez

Good enough to work, good enough to stay.

Mercedes Benitez has worked hard in Canada. She cares for elderly Canadians who want to age in place. She has filled a void in our labour market.  By coming to work in Canada, she sacrificed her role as a mother so that she could provide for her family in the Philippines. In return, she was virtually guaranteed the right to stay.

Nine years later Mercedes' dream of being re-united with her family in Canada is in jeopardy. This is because her youngest son, Harold, is disabled.  He was found to be “medically inadmissible” to Canada due to “mental retardation”.

Recently in November 2017, Mercedes finally received a positive decision on her Permanent Residence application, granted under humanitarian and compassionate (H&C) grounds. Although Mercedes and her family have received an exemption from medical inadmissibility, this does not change the situation for many other individuals and families with a disability. They continued to be affected by the "excessive demand" provision (Section 38(1)(c) of the Immigration and Refugee Protection Act) based on disability.

We're calling on IRCC Minister Ahmed Hussen to end this discriminatory practice and intervene immediately. We're asking Minister Hussen to repeal Section 38 (1)(c) of the Immigration and Refugee Protection Act.



Mercedes Grad
I can assure you that if Ms. Benitez were not allowed to continue to work for me, I would be in immediate jeopardy… She has been a valued caregiver and superb employee since April 2013, and I would hope she would continue to be by my side until my last breath.
— Mercedes' employer