FAMILY'S STAY HERE COULD GO UP IN SMOKE

Telling the truth about smoking pot nearly two decades ago is
jeopardizing a computer programmer's residency in Canada.

Chris Tarttelin, who moved to Saskatoon in October 2008 with his wife
and two children, has been told by Citizenship and Immigration Canada
to get a psychological assessment by Sunday for the marijuana he
smoked when he was 18.

The order stems from questions asked during a doctor's visit as part
of the British citizen's application for permanent residency in Canada.

"I'm a painfully honest person. It doesn't normally occur to me to
answer questions any other way," said Tarttelin, who has an
appointment with a specialist on Sept. 20, but is moving his family
back to the United Kingdom until the matter is resolved.

A highly skilled computer programmer recruited to Saskatoon from the
United Kingdom, Tarttelin, 37, is surprised that an honest answer
about trying pot when he was a teenager could jeopardize his chances
of living and working in Canada.

Tarttelin and his wife applied and were accepted as nominees for
permanent residency under the Saskatchewan Immigration Nominee
Program. Because they are from the United Kingdom, their application
is being processed at the Canadian Embassy in London.

In June, Tarttelin attended a mandatory medical examination conducted
by a family doctor approved by Citizenship and Immigration Canada.

The doctor used the government's checklist that includes the question,
"Have you ever been addicted to alcohol or a drug or taken drugs illegally?"

When the doctor asked Tarttelin if he had ever smoked cannabis, he
said yes and explained his answer.

"I tried pot, but didn't really take to it particularly. I tried it a
couple of times, but that was about it," he recalled telling the doctor.

More questions ensued and Tarttelin answered that he had no
psychological problems related to the pot smoking nor was he ever
arrested as a result of smoking it.

Tarttelin wasn't concerned about the question or his answer until the
end of July when he received a letter from Citizenship and Immigration
Canada directing him back to the doctor. The doctor told him: "They
need you to go and have a psychiatric assessment with reference to the
cannabis you smoked 19 years ago." And, according to the letter,
Tarttelin had 60 days or until Sept. 12 to have that assessment done
by a psychiatrist.

"You can't see a psychiatrist in Saskatoon in that time frame," said
Tarttelin.

Tarttelin and his family are packing their bags. He is concerned he
will miss his deadline and is frustrated Citizenship and Immigration
Canada said he can't apply for an extension until just before the deadline.

"We're going to move back to the U.K. until we get further along in
the process," said Tarttelin.

"There's a real feeling of vulnerability. In the back of my mind is
the thought that if my residency application is rejected, I don't
really want to be in a position of having to pack up and leave the
country in a hurry. In order to stop feeling vulnerable, we've decided
to move back on our own terms."

A spokesperson for Citizenship and Immigration Canada confirmed that
Tarttelin's smoking of marijuana 19 years ago triggered the request
for the psychiatric assessment.

"There's nothing on the file that I would see that would indicate to
me that there is something other than this issue that the visa officer
has indicated. I see no other evidence of any other inadmissibility
for this individual," said Chris Gelineau, area director in
Saskatchewan for Citizenship and Immigration Canada.

He also didn't see anything to indicate a past history of mental
health issues.

Applicants are inadmissible to Canada if they have a health condition
that might put the public health or the safety of Canadians in danger
or if they have a health condition that might put excessive demand on
health or social services.

"We do not have a policy on medical refusals based on past use of
marijuana," said Gelineau.

Visa officers have the delegated authority to request information as
they see fit, he said.

"I can only assume that in this case the visa officer is of the
opinion that they require this information in order to assist them in
making that decision."

A spokesperson for the Saskatchewan government said smoking pot 19
years ago is not grounds for refusing an application for permanent
residency.

"Without commenting on the specifics of any case, it doesn't sound
like that would be typical," said Chris Jones-Bonk of the provincial
Ministry of Advanced Education, Employment and Immigration.

In 2009, the provincial government nominated about 3,500 foreign
workers and their families. Typically, about 80 per cent of those
nominated eventually move to Saskatchewan to work. The other 20 per
cent either change their minds, come and then return to their home
country or are refused entry to Canada.

"There are very few refusals on the grounds of health, criminality or
security. It's anecdotal," said Jones-Bonk.

The provincial government cannot intervene when a nominee is having
difficulty with the immigration process. Ultimately, the decision to
allow entry to Canada is made by the federal government.

Tarttelin acknowledges that smoking marijuana is against the law, but
wonders why that should potentially disqualify someone from
immigrating to Canada when so many Canadian citizens also smoke it.

"The bar is set very high," he said.

Tarttelin was working in London, England, for an investment bank when
he received a call about a job opening at Point2 Technologies in
Saskatoon. Tired of a long commute that saw Tarttelin leave home
before his kids got up and arrive home at bedtime, he was easily
convinced to move his family to Saskatoon.

"It was really a lifestyle opportunity," he said.

But it was also an opportunity to train and mentor other software
developers.

"I'm expected to raise the level and ability of the whole IT team by
working within the team. I'm there to influence the design of the
software, how the process works, what sort of thing gets works on. I
teach everyone what I know as I go," said Tarttelin.

His expertise puts him in a unique category as a skilled worker, the
kind of immigrant the Saskatchewan government is trying to entice to
the province.

Tarttelin is planning to continue his work with Point2 from London,
but worries about how long his employer will wait for him to return to
Saskatoon. He said working on a different continent several time zones
away is not the best way to mentor software developers.