HIV/AIDS Legal Clinic of Ontario (HALCO) &
the Sexual Orientation and Gender Identity Working Group (SOGI)

Thanks to the Donner Fellowship, I have had the opportunity to spend the summer with both the HIV/AIDS Legal Clinic of Ontario (HALCO) and the Sexual Orientation and Gender Identity (SOGI) working group, part of the International Human Rights Program at the Faculty of Law. My main focuses this summer have been: 1) providing crucial research support for HIV/AIDS and/or sexual orientation & gender-identity based refugee claims; and 2) developing a response to the medical inadmissibility provisions of the Immigration and Refugee Protection Act (IRPA).

While Canada does not directly bar persons living with HIV/AIDS from immigrating to Canada, ss. 38(1)(c) states that a foreign national is inadmissible on health grounds if their health condition: "Might reasonably be expected to cause excessive demand on health or social services". This has major negative implications for HALCO clients who currently need or are projected to require antiretroviral treatment in the near future. I have spent the summer exploring past and recent litigation around this section, including constitutional challenges, in order to understand the legal developments as they relate to medical inadmissibility & where the future of the law may go. I have also compiled comparative information on how other jurisdictions approach the issue of medical inadmissibility, if at all. This has proved to be an exciting and evolving issue to be involved in, one that engages questions of the constitution, disability, medical economics, and human rights. During the time of my Fellowship, an Australian commission released a comprehensive report urging reform of the country's medical inadmissibility laws, demonstrating that the issue is both timely and of vast importance.

The issue of refugee protection for members of lesbian, gay, bisexual, transgender and queer communities is similarly of importance. This past year has seen an increased backlash against LGBTQ communities, including legislated homophobia in Uganda and attacks on Pride parades in Eastern Europe. As part of SOGI, I prepared country reports on violence & persecution of LGBTQ communities to be included as evidence in refugee proceedings. SOGI provides much needed support to counsel across Ontario. This summer alone, I was able to do extensive research and report on conditions in Brazil, Mexico, Slovakia, Kenya, Barbados, and more. As part of my executive duties with SOGI, I have also worked to expand SOGI's reach beyond research support, and into the areas of advocacy, speaker events, and an upcoming revamped web presence. There is even more to come from SOGI in 2010-2011, and the Donner Fellowship has allowed me to work with fellow students to lay the groundwork for that to happen.

The Donner Fellowship has allowed me to expand my knowledge and skills in the realm of immigration & refugee law all the while working with a great supervisor and colleagues!