It's not specifically on this question, Chair, but—
Evidence of meeting #26 for Citizenship and Immigration in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was worker.
Evidence of meeting #26 for Citizenship and Immigration in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was worker.
2:55 p.m.
Assistant to the President, Canadian Auto Workers Union
It's not specifically on this question, Chair, but—
2:55 p.m.
Conservative
2:55 p.m.
Parkdale Community Legal Services
This is just related to the previous question. I would add to the list of recommendations you outlined—and definitely I'm in agreement with all of those—that an additional recommendation is that there should be an end to the repatriation or unilateral deportations of workers who are here working under temporary workers programs and that there should be a fair appeal process set up for workers facing that situation.
Also, temporary workers are coming here under federal programs, yet are regulated under provincial employment standard laws. That's a huge mismatch of different kinds of standards across the provinces. We would recommend that temporary workers, like live-in caregivers and seasonal farm workers, be covered under federal standards and that those standards be updated to increase protection for precarious workers, including temporary workers, and also that the enforcement of those labour standards be drastically improved. We need to see proactive and targeted enforcement of labour standards.
Also, we need a system in which, if an employer is found to be in violation of workers' rights, they should not be issued new permits for temporary workers in the future. That is happening day after day in the current system.
2:55 p.m.
Conservative
The Chair Conservative Norman Doyle
We'll go to Ms. Phillips. She's been trying to get a word in, and Geraldine as well.
2:55 p.m.
Assistant to the President, Canadian Auto Workers Union
I would also add to the list that there in fact be a moratorium on temporary foreign worker program expansion at this time. There are too many issues with the program that need to be dealt with. I think in unionized workplaces there needs to be compulsory consultation with the union in the workplace.
Federal jurisdiction would cause a problem for us, if we had provincial jurisdiction affecting the collective agreement. We've run into a lot of problems and an increasing number of problems. It appears that it's being used as a union-busting tool, and we need time to consider that.
2:55 p.m.
Parkdale Community Legal Services
On the point, which Ms. Chow made as well, about the changes proposed with the amendment in Bill C-50, as my friend Mr. Bellissimo mentioned, the Federal Court of Appeal found that our current act only complies with international human rights conventions with regard to the right of family members to be together because of that humanitarian and compassionate application program; that's the only way out. If we say that it is discretionary, that you don't have to have a decision on it, then you're saying no to that seven-year-old girl having a chance to reunify with her father.
2:55 p.m.
Conservative
2:55 p.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Thank you very much.
I have just a few questions to Geraldine Sadoway.
With respect to undocumented workers, I understand you to say that you'd like to see a legitimate pathway found for them to come into the system. Is that correct?
2:55 p.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
And the mechanism you see through which it would happen is a hearing body of some kind, is it?
2:55 p.m.
Parkdale Community Legal Services
Well, we had a program that worked very well. It was very easy to operate. It was an administrative review program.
2:55 p.m.
Parkdale Community Legal Services
An anonymous, third-party application is made by the applicant—the third party fills out the application and just doesn't give the address. Basically, if that is approved—because the person qualifies—then the person comes forward, and it's all checked out, and they're landed.
3 p.m.
Conservative
3 p.m.
Parkdale Community Legal Services
That is a mechanism that worked very well and brought many people forward who were afraid, because of their real fear of return.
3 p.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Right. That's for the undocumented side. Now, speaking on the refugee side, of course, obviously there's a process—first a refugee hearing, and there may be a failure or a negative decision in that regard, which then puts you either into an undocumented situation, or you can go through the system with a variety of means. I suppose one of them is humanitarian and compassionate grounds. Is that correct?
3 p.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Right. Well, let's not talk about the fee; that's another issue.
You have a humanitarian and compassionate grounds application, and in fact you can make that application more than once.
3 p.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
You can make it two or three or four times, if the circumstances—
3 p.m.
Parkdale Community Legal Services
That wouldn't really make sense, because—
3 p.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
But if you got married or you had a child or you had a relationship, those would be the kinds of factors that would be considered, would they not?
3 p.m.
Parkdale Community Legal Services
Yes, if there are new circumstances certainly it would make sense to make it a second time.
