The Impact of the Convention on the Rights of Persons with Disabilities on Canadian Jurisprudence: The Case of Leobrera v. Canada

Ravi Malhotra

54:3 Alberta Law Review 637-48, 2017.

Abstract:

This article traces the historical and continuing exclusion of people with disabilities found in Canada’s immigration law and policy. It highlights how an immigration policy focused on economic growth and avoiding health care costs can have devastating effects on individuals and the families of children with disabilities. Using the case of Leobrera v. Canada as a case study, the author looks to the Convention on the Rights of Persons with Disabilities as an international instrument which could help change Canada’s exclusionary policies.

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About the Author:

Ravi Malhotra’s primary research interests are in the areas of Labour and Employment Law, Human Rights, Globalization and Disability Rights Law. He has published widely in a number of journals including the Journal of Law & Equality, the Harvard International Law Journal, New Politics, the Washington University Journal of Law & Policy, the Manitoba Law Journal, the Ottawa Law Review, the Journal of Law & Social Policy, Socialism & Democracy, the Supreme Court Law Review, and the Alberta Law Review. He is the author of Exploring Disability Identity and Disability Rights through Narratives: Finding A Voice of Their Own (with Morgan Rowe) (Routledge) and editor of Disability Politics in a Global Economy: Essays in Honour of Marta Russell (Routledge). He is also writing a biography of double amputee and politician E.T. Kingsley, with Dr. Benjamin Isitt, under contract with University of British Columbia Press and is based on research funded through SSHRC. 

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