Whitehorse Daily Star

Image title

Photo by Christopher Reynolds

WRENCHING CHOICES – The Rojas Martinez family contemplates the future of Jonathan (bottom right), who suffers from a medical condition. The family is slated to return to Mexico following a departure order, though they could leave Jonathan in state care.

Emotional family forced into ‘untenable situation’

Cut off your toddler with a medical condition from adequate care, or from his family: that is the choice confronting a Whitehorse family facing imminent deportation.

By Christopher Reynolds on February 23, 2015

Cut off your toddler with a medical condition from adequate care, or from his family: that is the choice confronting a Whitehorse family facing imminent deportation.

Sergio Rojas and Linda Martinez have two sons. The younger, Jonathan, suffers from skull deformation and a neck muscle disorder.

Jonathan, three, is also a Canadian citizen, having been born in the Yukon. The rest of his family do not have citizenship or resident status.

The Department of Citizenship and Immigration told the couple about two weeks ago they have until March 4 to leave the country.

Technically, they have the option of leaving Jonathan behind as a ward of the state.

Emotionally, they do not.

“We can’t go without him,” Martinez told the Star this morning at Erik Nielsen Whitehorse International Airport.

“It’s scary. In Mexico, there’s not anything for Jonathan ... It’s no good because Jonathan is born here. He is a Canadian citizen.

“I feel very bad,” she said.

Martinez sobbed as she saw her partner and their seven-year-old son off before their 8 a.m. flight to Vancouver, where Rojas, who held back tears as they hugged, will handle pre-departure paperwork.

She and Jonathan are slated to join them there Wednesday.

Jan Stick, the NDP critic for Health and Social Services, called the family’s situation “a human tragedy” after she learned about it late last week.

“To me, this is just such a cruel decision that no family should have to face,” she said at the airport alongside Opposition Leader Liz Hanson and MLA Jim Tredger.

“Do you take a child with you that needs special supports, that’s not going to receive them in another country? Or do you leave that child behind so they can get the supports they need, but they don’t have their parents with them any longer?

“It’s an untenable situation,” she added.

Stick said the ideal outcome would see the family remain together in Whitehorse as landed immigrants “and be able to work and be a part of this great community.”

The family had applied for permanent residence on compassionate grounds. The application was rejected, along with a subsequent appeal, despite Jonathan’s condition.

“If that’s not a reason to let them stay on compassionate grounds, I don’t know what is,” Stick said.

Citizenship and Immigration Canada’s website states immigrants should apply for residence on humanitarian and compassionate grounds if they “would suffer excessive hardship” by returning to their home country.

The federal department said in reply to a Star email that it could not speak to the case without the family’s written consent.

MP Ryan Leef spoke with Rojas over the weekend and met with Immigration Minister Chris Alexander today in Ottawa.

Leef said through a spokesperson he would address the issue publicly on Tuesday.

The Yukon NDP is also consulting with its federal party’s Citizenship and Immigration critic.

The Opposition has circulated a petition calling on Ottawa to rescind the deportation order and review the family’s permanent residence application “to keep the family together in Canada while preserving Jonathan’s right as a Canadian to accessible and high-quality medical care,” the NDP stated in a release.

Jonathan suffers from plagiocephaly — sometimes referred to as “flat head syndrome” — and congenital torticollis.

He spends much of each week at the Yukon Child Development Centre and has received treatment at the B.C. Children’s Hospital.

Symptoms of torticollis in newborns and infants include damage to the neck muscles, especially on one side, which can lead to a flattened head from consistently lying or resting on the same side, according to the Stanford Children’s Health network.

The condition demands specialized therapy.

Plagiocephaly, a malformation of the skull that can develop in the womb or during birth, is “considered a medically benign condition,” according to a study published by the National Institute of Health in 2008.

Nonetheless, “children with this condition should be screened and monitored for developmental delays or deficits,” the study states.

A B.C. Children’s Hospital summary from 2008, co-written by the institution’s former head of pediatric neurosurgery, wrote that plagiocephaly “is not thought to be associated with developmental delays or other medical issues, but the effect on cosmetic appearance can cause significant parental concern.”

The child development centre wrote a letter stating Jonathan would have difficulty accessing therapeutic services in Mexico or Nicaragua — his mother’s country of origin.

Comments (10)

Up 16 Down 0

My opinion on Feb 26, 2015 at 9:14 am

I am confused by a couple things. There is no mention of the family being here illegally, nor is there mention of either one of the parents obtaining a Temporary Foreign Work permit.

In order to have your entire family in the country, you have to sponsor your family through permanent residency - which they have confirmed that the family does not have. You cannot sponsor your kids or spouse until you are a permanent resident. They state that the family has applied for residency, but were denied.

My assumption, on that basis, is that they are here illegally and should not be subject to the benefits of Canada. I know that sounds heartless, but there are Temporary Foreign Workers that are completing the appropriate paperwork legally and having to go through the right channels.

If my suspicions of them being here illegally are correct, why should they get to bypass the necessary channels because they had a baby in Canada?

This has been a problem in Canada for quite some time. I have a lot of friends who are foreign workers and the process is actually not as easy as some people may think. It is a long wait. Most worker permits are only valid for two years and then if they are able to get new permits, they have to wait even longer to get their residency. I don't think this family went through the right channels.

I think this should be investigated more and I think a ton of information is missing from this story.

Up 13 Down 2

Bob McGoo on Feb 25, 2015 at 9:19 am

Yukon Nominee Program, under 'Intent': "assist Yukon employers, sectors or governments to identify and nominate potential qualified immigrants to fill positions that cannot be filled by the territorial or national labour market."

http://www.education.gov.yk.ca/employers/ynp.html

The purpose of the YNP is to provide Canada with immigrants and to provide employers with employees who they supposedly cannot find in the Yukon.

Last time I was in this local fast food restaurant (unnamed), there was not a single 'visible majority' employee. Not. One. Not a single FN employee either.

This local fast food restaurant can no longer find even one employee in the Yukon, at least not of the 14 plus that I counted in the front and that I could see working in the back. Mmm hmm. Ten years ago this same restaurant had an employee mix like you see up at the Super A in Porter Creek. Representative of the general population of the Yukon. I'd think someone in the government Immigration department might wonder what is going on here, given their intense interest (and justified interest), in this Mexican family.

Up 30 Down 1

Guncache on Feb 25, 2015 at 7:50 am

A flat spot on a child's head is not out of the ordinary. The recommendation is to have a helmet built and fitted to the child's skull. These are often built by Occupational Therapists. The child wears this until the flat spot fills out. On the other hand there are many fine hospitals and medical facilities in Mexico providing the same level of service and care you would find in Canada. Jan Stick is way off the mark here. It is a typical NDP reaction. Maybe Jan could take the youngster into her house. I don't believe Ryan Leef should be attempting to circumvent the system here. There are too many "bleeding heart" cases that pop up everyday.

Up 3 Down 26

DMZ on Feb 24, 2015 at 1:57 pm

I haven't read anywhere that they're here illegally, I thought it was a visa issue, or maybe they were on the Nominee program and their time is up. I don't think that program is a sure route to permanent resident status. I've never heard the expression "anchor baby" before, it sounds offensive.

Having said that, maybe it's a by-product of the general tenor of the federal government that it seems the stakes have to be ramped up to get the media's attention and thus politicians. It tends to work against problem-solving mode.

Up 46 Down 3

north_of_60 on Feb 24, 2015 at 11:48 am

This NDP elected MLA appears to be sending the message that it's OK to cheat the immigration system if your anchor baby has 'special needs'. That's a totally 'untenable' position for an elected politician.

Up 34 Down 9

Josey Wales on Feb 24, 2015 at 10:21 am

Heaps of information is missing, as is often the case with articles designed to pull "heart strings."
I read this as the anchor baby tactic, a very well used one here, failed.
Great opportunity to bash Harper and his crew for doing what nobody prior "felt" like doing, remove illegals from our over taxed (resources not just cash) country.
Lots of folks go to Mexico for medical stuff, they have the ability...just not for the free kind..like we seem to be known world famous for.

Seems to me we have scads of folks whom have spent a lifetime contributing to Canada and yes...they must wait for care medically speaking. Why is that?
Because we have lots of folks from every corner of the planet...their families....trying to get in on the action.

Folks up here in bleedingheartVille? We ain't seen nothing yet...it just started.
Wish to reside here? Then do it properly or folks as me will call you cue jumpers and ask you go home.

Up 6 Down 31

Judy Lane on Feb 23, 2015 at 11:00 pm

All governments amaze me until I feel like puking. IN 1995, I had a physic break and was diagnosed "bipolar". The psychologist suggested I volunteer at Yukon Learn to help someone read as this would help me out of my confused mind. I did and helped new citizens from China and Japan learn English for one hour a few times a week, I was then instructed to contact the Federal Government for DISABILITY pension as I could not function in the work force. I received a letter from disability stating - "if I could volunteer for an hour or so - I could get a job". My doctor and psychologist had to rectify my dilemma. I never was able to go back to a paid job.
WHAT IS WRONG WITH OUR GOVERNMENT EMPLOYEE'S DECISION MAKING PROCESS? We send help all over this world. The government asks us to open our wallets to help other countries. We go to war to protect other's freedom. Canada is known for being a supportive nation. Here you have a needy child who is a Canadian and you want to divide their family. SHAME, SHAME, on whoever made the decision regarding this matter. Make a young child the ward of the state so he can get medical attention - disgusting!!!!

Up 42 Down 7

north_of_60 on Feb 23, 2015 at 8:26 pm

Why are none of these bleeding-heart do-gooders volunteering to let the child live with them while the parents go home and apply legally, just like every other immigrant must do?

The MLA should learn how the immigration system works, instead of using "I don't know..." as an excuse. Procreation is no excuse to bypass the law. As usual the NDP expects someone else to fix their perceived problems on the taxpayer's dime, not their own.

Up 26 Down 2

June Jackson on Feb 23, 2015 at 5:41 pm

How many sad stories are there like this one that didn't make it to the papers? Where the press would swing public opinion for them? How have they been surviving here? How did Immigration get on to them? Nothing is said about a job or a living.

Where is the line we draw? Our government sent over 7 billion dollars, that's a lot of money for 25 million tax payers, to Africa, they are still sending money to Haiti and all the international "aid" we pay for. There are thousands, maybe a million waiting patiently on the immigration list having applied and trying to do it legally... 500 Tamil Tiger revolutionaries arrive on a boat and all but 1 are still here. Those kinds of incidents make people think if they can set foot on your beach, it's their beach.

I am sorry for their child.. I was sorry to the tune of half a paycheck last spring at a barbecue at Robert Service Camp Ground..I was sorry for a youngster at Dawson City.. that family got the other half..How far can we go? Where is the line?

Send them back to Mexico and help them make a legal application.

Up 43 Down 9

hmm on Feb 23, 2015 at 5:00 pm

There is no mention here of why they are being deported in the first place. What are the government's grounds? I would guess illegal entry. The problem with deportation is that I think that sets them back in terms of entering the Yukon the way most people do: through the Nominee Program. A job at Tim Hortons for a year or two, and you're a permanent resident.

I think the problem here is that they did not have very good coaching in the first place and the anchor baby method is no longer recognized.

I am supportive of immigration trying to do their job, but given the thousands of others who are pouring into the Yukon looking for a better life by hitch or by stitch, and the support this family had from real Yukon locals, it seems pretty one sided to choose them to throw out. Nobody is the bad guy here, not the government, not the family but I think Ryan Leef should look into a legitimate way to get them back up here. I think the message has been given that simply showing up and not leaving (which is what I am assuming happened), is not going to work. They've been through a lot of hell with this deportation, and I'd like to see this work out for them in the end, maybe with sponsors who are responsible for them until they are financially self-sufficient, whatever.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.