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Supreme Court decision on social assistance to new Canadian immigrants
Tuesday, June 14, 2011
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In a unanimous decision on last Friday - June 10, 2011, the Supreme Court of Canada has upheld the right of the federal and Ontario governments to recoup social assistance payments made to new immigrants, declaring: "The risk of a rogue relative properly lies on the sponsor, not the taxpayer."
Under Canadian immigration laws, sponsored immigrants are not allowed to receive social assistance payments. Their sponsor - who is financially responsible for a family member for three years after they arrive in Canada - is deemed to be legally responsible to repay the improperly obtained debt.
The decision of Supreme Court could involve millions of dollars in public money given to over 25 percent of immigrants who fail to economically establish themselves after arriving in Canada under a family sponsorship agreement.
"Family reunification is based on the essential condition that in exchange for admission to this country the needs of the immigrant will be looked after by the sponsor, not by the public purse. Sponsors undertake these obligations in writing. They understand or ought to understand from the outset that default may have serious financial consequences for them." Justice Ian Binnie wrote on behalf of the court.
The court's ruling is significant since family reunification immigrants are handled differently from regular immigration applications. As they immigrated to Canada by signed sponsoring of a family member already established here so they are not required to meet any financial requirements imposed on other types of immigrants.
The court said that the sponsors are responsible for finance but the government should be flexible when it comes to repayment schemes. That means the government may choose to delay repayment indefinitely in certain situations, meaning it never actually recovers any cash.
The government should also be reasonable during the collection, according to the court.
"Excessively harsh treatment of defaulting sponsors may risk discouraging others from bringing their relatives to Canada, which would undermine the policy of promoting family reunification," Binnie wrote.
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