Immigration is a key part of Canada's growth. According to government figures, our nation is expected to welcome more than 437,000 new permanent residents in 2024.
Not everyone is happy with that. According to a study by the Environics Institute, "for the first time in a quarter century, a clear majority of Canadians say there is too much immigration."
After complaints were aired that newcomers take jobs away from Canadian citizens, the federal government responded by reducing the number of people allowed to enter the country as temporary workers. It also announced that the number of new permanent residents to be welcomed next year will be reduced by 21 per cent to 395,000.
Some high-profile stories involving permanent residents charged with crimes have highlighted issues in our immigration system. For example, a man from India had his permanent residence status revoked after he was found guilty of causing the deadly Humboldt Broncos bus crash in Saskatchewan that killed 16 hockey players and left 13 others injured.
In light of the controversy surrounding immigration in Canada, some people may be left wondering what will happen if they are involved in a motor vehicle accident (MVA) with someone who is not a Canadian citizen. Let's look at various scenarios.
Citizenship should not be an issue in most cases. In Canada, citizenship status does not directly affect your ability to make a personal injury claim.
The right to pursue compensation for injuries, whether through insurance claims or lawsuits, is generally based on the circumstances of the accident or injury, not on nationality or immigration status.
Moreover, permanent residents, temporary residents or even visitors, if injured in Canada due to the negligence of others, have the same basic right to pursue personal injury claims. This applies to car accidents, slip-and-falls, medical malpractice and other occurrences resulting in injury.
An important question will always be: Is insurance coverage available and adequate to respond to the injured party's claim. The injured person should always speak with a personal injury lawyer to ensure that their rights can effectively be pursued.
Can a visitor to Canada claim compensation for an MVA?
Non-citizens injured in a motor vehicle accident in Ontario can usually access benefits through the province's no-fault auto insurance system. This includes compensation for medical treatment, rehabilitation and potentially income replacement.
What if a non-resident needs medical care?
In Canada, only citizens, permanent residents, and other defined categories of immigration status, qualify for public healthcare. The provincial health plan of each province should be consulted for eligibility requirements. Visitors are well-advised to arrange health coverage before arriving. However, citizenship is not in itself a requirement to make a claim for injury-related damages or expenses.
Can I receive compensation if injured in an auto accident with a temporary resident?
Temporary residents can drive in Canada for up to 60 to 90 days (depending on the province) if they possess an international driver's licence. After that, they must obtain a Canadian driver's licence. Any car driven in Ontario must carry proper insurance, even if that insurance comes from a foreign provider.
What if the driver is insured in another country?
Let's say the temporary resident is from the United States and is insured to drive there. If they are in an accident in Ontario, their insurer must pay the cost of Ontario accident benefits - even if their policies don't contain any coverage for those types of benefits. That is because most American and Canadian auto insurers have filed a Power of Attorney and Undertaking that requires an out-of-province insurer to appear in a proceeding where the accident occurred. This agreement also demands that foreign insurers provide the minimum amounts of coverage as required in Ontario.
Can international students drive in Canada?
International students can drive in Canada if they have an international driving permit or a Canadian driver's licence. They are, however, required to have automobile insurance on the vehicle they are operating.
Can an illegal immigrant claim damages from an accident?
In 2016, the Ontario Court of Appeal ruled that an illegal immigrant could not recover damages on a personal injury claim made to the provincial insurance fund after a man was struck by an unidentified driver. The reason for the denial was that "he was not ordinarily resident in Ontario" at the time.
According to court documents, a Brazilian citizen was hit while crossing the street in 2011, leaving him with a shattered left ankle and a fracture to his right knee. The man brought a claim against the unnamed driver and the Superintendent of Financial Services under the Motor Vehicle Accident Claims Act for compensation from the province's Motor Vehicle Accident Claims Fund. The Fund is the payor of last resort for anyone in Ontario who is uninsured and injured in a motor vehicle accident.
A motion judge ruled against this compensation, noting the man's presence in the province was the result of "deception and illegality". The Appeal Court agreed, noting: "Basic logic dictates that proof that a claimant did not ordinarily reside in Ontario at the time of the accident in question, as conceded in this case, necessarily means that the claimant's ordinary residence was outside the jurisdiction of Ontario at the relevant time."
Can someone with a super visa who is injured in a motor vehicle accident claim compensation?
A Super Visa allows parents and grandparents to visit their children or grandchildren in Canada for five years at a time. It provides multiple entries for a period of up to 10 years. If they were injured while driving and had the proper licence and insurance, claiming compensation should not be an issue. If they were a passenger, they would be covered under the driver's policy.
What stops someone from becoming a Canadian citizen?
According to the federal government, you cannot become a citizen for reasons listed in the Citizenship Act. They include: serving a sentence outside Canada; being convicted of a war crime or a crime against humanity; or being convicted of terrorism, treason or spying offences, or serving in an organized armed group that is engaged in armed conflict with Canada.
Call Us if You Have Been Injured.
Citizenship or residency status generally does not bar people from making personal injury claims. Temporary residents, international students or those here on a visa or work permit should seek legal advice if they are injured due to the actions of another person or corporate entity. Contact our Toronto personal injury lawyers at Gluckstein Lawyers for a free consultation with a commitment to full circle care.