Court sets aside immigration employment authorization containing HIV-related job restrictions

In an order issued on 30 May 2003, the Federal Court-Trial Division set aside an employment authorization that prohibited an HIV-positive man from working in childcare, primary and secondary school teaching, health services, and agriculture. The court directed immigration medical officers to decide whether a new medical examination is required. This is a significant case for HIV-positive immigrants and refugees who are required to hold an employment authorization if they intend to work in Canada while their applications for permanent residence are decided, a process that can take years.