An Ottawa-born man ordered deported to India after a stint behind bars is now fighting for access to OHIP.
In September 2014, Deepan Budlakoti, 25, lost a bid to have a federal court judge declare him a Canadian citizen which he vowed to appeal.
In addition, the man's legal woes have denied him access to provincially-funded health care.
"This has put a lot of stress on my family," said Budlakoti. "I feel like everything's been pushed on me and now I've got to prove that I'm a citizen even though I was born and raised here. It's not a good feeling at all."
In an unprecedented hearing that could take years for a decision, Budlakoti and his lawyer Yavar Hameed presented their arguments at the Health Services Appeal and Review Board Tuesday.
When making decisions, the board doesn't interpret and apply the Charter of Rights and Freedoms. But Hameed argues because Budlakoti's citizenship was stripped, it has put him in a situation where his right to life, liberty and security are affected.
"So what we're arguing today (Tuesday) is basically the right for the Charter to apply to the appeal argument for his access to health care," said Hameed.
In June 2014, Justice Michael Phelan argued official documents indicate Budlakoti's parents were working for Indian diplomats when he was born in 1989, making him ineligible for automatic citizenship. Budlakoti's lawyers challenged that evidence, but also argued that even if Phelan accepted it, it's a violation of Budlakoti's right to liberty and security and of Canada's commitments under international law to render him stateless. Budlakoti was ordered deported in 2011, the year after he was sentenced to three years in prison for drug and weapons offences. India denies he's a citizen of that country.
Ottawa man ordered deported fighting for access to OHIP | Ontario | News | Toron