Ausländischer Migrant, der illegal in Kanada lebt, hat Anspruch auf Sozialhilfe in Ontario, urteilt das Schiedsgericht
https://nationalpost.com/news/foreign-migrant-living-illegally-in-canada-eligible-for-ontario-welfare-tribunal-rules
Ausländischer Migrant, der illegal in Kanada lebt, hat Anspruch auf Sozialhilfe in Ontario, urteilt das Schiedsgericht
https://nationalpost.com/news/foreign-migrant-living-illegally-in-canada-eligible-for-ontario-welfare-tribunal-rules
3 Kommentare
„Tribunal adjudicator Eric Brown, based in Waterloo, Ont., heard dictionary definitions and interpretations accepted at previous hearings and ruled that tourists and visitors are people who have entered Canada for a short period of time or for a temporary purpose.
Brown said those definitions show the applicant reasonably fell outside the meaning of both tourist and visitor, “given the sheer length of time and the roots the appellant had established while in Canada.”“
The guy arrived on a temporary work permit 29 years ago, overstayed it and then illegally worked for cash (which he almost certainly wasn’t paying tax on) until 2023. This just reads like if you come here illegally and then don’t get caught you’re fine to keep cheating the system like it’s some massive game of hide and seek. What an absolutely pathetic ruling
„Ontario must pay social assistance benefits to a foreign migrant living illegally in Canada a tribunal has ruled in a case revealing that welfare intake workers did not conduct an immigration check of the applicant to avoid jeopardizing his ability to remain in Canada.“
AND IT WAS BEING COVERED UP, Also how is he not on a plane already out of the country? How do you get caught illegally in a country after 29 years and you aren’t immediately packed up and shipped back home and instead you’re fucking handed tax payer money?
Here’s the [original decision](https://canlii.ca/t/klwkb).
Under [section 6](https://canlii.ca/t/39v#sec6) of O Reg 134/98, setting out the persons ineligible for benefits under the *Ontario Works Act*, the following persons are excluded from benefits:
1. A person against whom a deportation order has been made
2. A visitor, unless the visitor has made a claim for claim for refugee status or PR
3. A tourist
No deportation order has been made against the claimant. The claimant was clearly not a tourist. The Tribunal Member relied on past precedent stating that a visitor is a person who „entered Canada typically for a short period of time and/or for a temporary purpose“ to find that the Claimant did not qualify as a visitor.
In my view, the Tribunal Member’s interpretation of the governing regulation was correct. If you have a problem with the decision, you can blame the Government of Ontario who has the absolute authority to amend the regulation to provide that persons without authorization to live in Canada cannot receive benefits.
Judges and administrative decision-makers have a duty to interpret and apply the law as it it, not how they think it ought to be. The Member here did just that, though certain commentators would seem to prefer if decision-makers just ignored the laws when doing so leads to results they don’t like.
Our American friends at postmedia love to wage the *war on courts* like they do in the States. those *evil* judges and their pesky laws always foiling their plans. As others have said, don’t like the ruling? Look at the laws they are following