Evidence of meeting #20 for Citizenship and Immigration in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was undocumented.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jennifer Devries  Program Coordinator, Refugees and Migration, Canadian Ecumenical Justice Initiatives (KAIROS)
Avvy Go  Executive Director, Metro Toronto Chinese and Southeast Asian Legal Clinic, Canadian Ecumenical Justice Initiatives (KAIROS)
Cecilia Diocson  Executive Director, National Alliance of Philippine Women in Canada, Canadian Ecumenical Justice Initiatives (KAIROS)
Stan Raper  National Coordinator for the Agricultural Workers Program of the United Food and Commercial Workers Union, United Food and Commercial Workers Union, Canadian Ecumenical Justice Initiatives (KAIROS)

10 a.m.

National Coordinator for the Agricultural Workers Program of the United Food and Commercial Workers Union, United Food and Commercial Workers Union, Canadian Ecumenical Justice Initiatives (KAIROS)

Stan Raper

When we initially did our lobby efforts after the conference, we did meet with HRSDC program officials. We were supposed to meet with someone from CIC, but they cancelled at the last minute.

We did send formal letters to the Minister of HRSD to meet with Diane Finley, who comes from Simcoe, a very large agricultural tobacco greenhouse area. She knows of our centre and the work we do, but to date she has refused to meet with us. We find that concerning at best, but we're used to that.

Like I said, we have not been able to meet with a minister of HRSDC since Jane Stewart was around, and everyone knows that's been a while. So that's unfortunate, but we're persistent and the letters keep flying back and forth. One day we'll meet the Honourable Diane Finley.

10 a.m.

Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

Do I have a little time left, Mr. Chair?

10 a.m.

Conservative

The Chair Conservative Norman Doyle

You have about a minute and a half.

10 a.m.

Bloc

Meili Faille Bloc Vaudreuil—Soulanges, QC

I find it disturbing -- and this is another thing the Bloc Québécois has been advocating for many years -- that temporary workers in agricultural programs have to contribute to EI when they're not entitled to any benefits or services. Did you also act on this issue?

10:05 a.m.

National Coordinator for the Agricultural Workers Program of the United Food and Commercial Workers Union, United Food and Commercial Workers Union, Canadian Ecumenical Justice Initiatives (KAIROS)

Stan Raper

We launched a legal challenge against the federal government. We fought for three years just to get standing. I guess the federal government thought both UFCW and the work we had done were not credible, and they refused to give us standing. We had to fight for three years in the courts just to get standing.

By the time we got standing, we actually had secured a number of claims around the parental leave benefit situation. In fact, the numbers are quite strong, and we're going to be releasing those stats in our next report.

Because these workers return home every year, they're not entitled to the main provision that they do pay into, which is the layoff provision.

10:05 a.m.

Conservative

The Chair Conservative Norman Doyle

We will go to Bill now.

October 19th, 2006 / 10:05 a.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Thank you, Chair.

Thank you for being here again. It's truly an expert panel this morning. I know how much work you have all done in this area, and I really appreciate you being here.

It's hard to figure out which questions to actually ask, but I wanted to follow up on something that others have alluded to. The temporary worker programs around agriculture and live-in caregiver programs have become permanent features of our worker system in Canada. They don't really meet temporary shortages. These are permanent features of our system.

Do we need to get rid of those altogether, recognize that these are permanent requirements of the Canadian economy, and make sure there is a route for permanent residence status, that it becomes a regular immigration program in those two areas? Or is there still a requirement for a temporary program in agriculture and with regard to live-in caregivers? I know there's some controversy around that within your own, communities, but I wonder if you could talk about that.

Should we get rid of these programs in agriculture with regard to live-in caregiver programs and introduce a specific track where agricultural workers and live-in caregivers could immigrate as permanent residents?

10:05 a.m.

Executive Director, National Alliance of Philippine Women in Canada, Canadian Ecumenical Justice Initiatives (KAIROS)

Cecilia Diocson

I've already presented several of the impacts of this program in our community specifically. For example, the deskilling of the Filipino women is the context for why we want this program to be scrapped. Many nurses who have come under the live-in caregiver program are not working as nurses. In British Columbia alone, we have recorded in our database over a thousand Filipino nurses who have come under this program. Where are they now when Canada is in need of nurses?

There are also Filipino nurses doing domestic work. That is unregulated. This is an unregulated nursing practice, because the program is also bringing them here to work and care for the elderly and people with disabilities. Why is it that they cannot come as nurses when we need nurses in Canada? They're here. When they work as live-in caregivers for these people, they work for 24 hours and they're only earning $1.50 to $2 an hour. That is not acceptable.

10:05 a.m.

Executive Director, Metro Toronto Chinese and Southeast Asian Legal Clinic, Canadian Ecumenical Justice Initiatives (KAIROS)

Avvy Go

I'll also try to respond to that.

The last time I came to Ottawa, I was taking a taxi and the driver was talking about post-modern feminism, blah, blah, blah. And he was driving a taxi, right? So we have this contradiction.

We have the highest-skilled immigrants coming to Canada because they meet the point system. Before they came, they were engineers, doctors, all kinds of professionals, but now they're here doing very menial jobs. At the same time, we also have nurses coming as live-in caregivers because they don't fit the point system.

In order to address all these inconsistencies and contradictions, it is really about looking at the way we define who the desirable immigrants are. Part of that revolves around the point system and how we figure out....

Both skilled and unskilled workers are in fact needed by Canada. By 2011, all the new workers entering the workforce will be immigrants. Today, even more so than ten years ago, we are relying on the immigrants to provide the drive behind the economic engine. And it's at all levels. Whether they are agricultural workers or live-in caregivers or nurses and doctors, we need all of them.

Why is it that some of them are treated differently from others because they somehow don't fit the point system? It's a very artificial system that we've set up. Who knows? Some bureaucrats dreamt it up ten years ago, and it's still around. We need to take the bold step of really revamping the whole selection of immigrants and the basis upon which we are selecting them.

10:10 a.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Stan, you mentioned the role of consular officials in repatriating people. That's very troubling. What possible role can a consular official from another country have when workers are here in Canada, in terms of forcing these people to go home or even suggesting to them that they should be going back to their country of origin? Is there an official role for these people, or is this something they're doing that...?

10:10 a.m.

National Coordinator for the Agricultural Workers Program of the United Food and Commercial Workers Union, United Food and Commercial Workers Union, Canadian Ecumenical Justice Initiatives (KAIROS)

Stan Raper

Yes, they do have an official role. Their role is, one, to represent the people from their country; and two, to make sure the contracts are supervised and maintained appropriately.

They're in a conflict of interest situation. They can't do both, and that's the problem. What we're finding, then, is that the consular officials are spending more effort on securing the contracts so that more and more workers can keep coming there year after year. If there's a problem with one individual, that individual's on the next plane, and that's the way it is. It can be that within 24 hours, that worker is gone.

10:10 a.m.

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Is the fact that these programs have become very important to the economies of some of the countries from which the workers originate part of the reason?

10:10 a.m.

National Coordinator for the Agricultural Workers Program of the United Food and Commercial Workers Union, United Food and Commercial Workers Union, Canadian Ecumenical Justice Initiatives (KAIROS)

Stan Raper

Yes, they're vital. Sending workers from your home country to Canada is a multi-million-dollar industry. It's worth hundreds of millions of dollars. I forget the exact total, but Mexico's biggest industry now is shipping workers around the world. When you think about that....

I heard a speaker the other day talking about Mexican workers in the maquiladoras in Mexico. They don't want to work in the maquiladoras any more. They would rather come to Canada or go elsewhere, so they're bringing Chinese workers into the maquiladoras in Mexico.

At what point do you just stop and say, “Where's the insanity here? Let's maybe treat people with a bit of dignity and respect, stop shipping our people around the world and separating families and causing all this chaos, and just pay people decently and retain our workforce so that we don't have to bring in cheap labour?” Imagine that.

10:10 a.m.

Conservative

The Chair Conservative Norman Doyle

Thank you, Bill.

Mr. Komarnicki.

10:10 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Thank you, Mr. Chair.

As a prelude, Mr. Telegdi has indicated that there is lack of progress on this file. There is no doubt that we've gone through many ministers—Elinor Caplan, Madame Robillard, Denis Coderre, Sgro, Volpe—and the program has been in existence for all of those years. In fact, Mr. Telegdi has been chair and vice-chair for many of those years. It's good to wax forth about what should be done, but I guess what you're looking for is some action on this particular file that's practical and not necessarily political posturing or rhetoric, which we often get to hear a lot of.

In looking at the temporary farm worker program—the seasonal worker program, at least—I might ask you about provinces like Saskatchewan that use them during harvest season, a short season, where many of the employers are concerned about the fact that there's a lot of bureaucracy involved and placement doesn't happen as quickly as it should.

I'm wondering whether you could make a comment from the employers' side about some of the problems they see with the program, on both sides.

Also, you raise the issue of provincial labour standards, and of course they vary from province to province—and they're real and they differ from province to province. They're sort of bottom-line measures that need to be met for any employee, it doesn't matter who, who works in the province. Certainly it's somewhat difficult and problematic to deal with various provinces and have those kinds of differences.

What you're suggesting, the way I would see it, is a sort of central national underpinning to each of the programs that would itself put some minimal standards in place. I guess that would also apply for what you're saying about the live-in caregiver section—whether there are certain understandings that should be in place and whether somebody ought to supervise them. You indicate now that there isn't a place for that to easily happen.

You talk about an appeal. My reaction is to ask what kind of appeal, what kind of process. In all of these things you need some expediency. It needs to be quick and it needs to be impartial. You must be thinking of some kind of body or group or person who could expedite things when there's a conflict in the contract or if there's a conflict in what the minimal standards are.

Give me some idea of what your thoughts are as to how we could have an expediting body, and what some of the minimum line standards would be?

Another question would be whether you intend to actually do away with the programs. Is that what you're saying? I've had some favourable response with respect to the live-in caregiver program. In fact, some have gone through the program and have asked some of their family members to come through that program and achieve permanent resident status. So it has worked well in some cases. Are you looking to expand the program or not?

One final point relates to the issue of undocumented workers. We're talking about refugees; we find there's only a certain number we take into the country. It's a similar case with immigrants. Those who come some other way or without documentation are really making for fewer refugees among those out there who could come and could be properly documented.

What do you say about those who have some legitimate right to come into the country? Would you give the ones who are here, undocumented or otherwise, priority or preference over these? What does that do to the integrity of the system, which says you must come through certain channels to get here in the first place? Thank you.

10:15 a.m.

Conservative

The Chair Conservative Norman Doyle

Ms. Diocson.

10:15 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

And I want to hear Mr. Raper as well.

10:15 a.m.

Executive Director, National Alliance of Philippine Women in Canada, Canadian Ecumenical Justice Initiatives (KAIROS)

Cecilia Diocson

In British Columbia, the Employment Standards Act was restructured in 2002. And even before 2002, this was not working for workers, especially temporary workers and live-in caregivers. When it was restructured, it was pretty difficult for individuals who were working in private homes. Now that we have restructured it, these people are no longer complaining, because it will take some time, or even not getting enough support from the bureaucracy about their complaints. Again, I think we should look at that, because we're being passed on to the provincial government when it comes to labour issues.

With the live-in caregiver program, I think it's really important to look at this program. We have mentioned many times the impact of this program. I have only mentioned a very few, but we have women who have Canadian-born children and have been deported because they're not able to complete the 24 months within a three-year period. Again, we are sending away or even neglecting these children, and they are Canadians and are not able to come back.

We want this expanded. I think we should look at the impact of this program. I mentioned about the nurses. Why is it that in the 1970s we were able to come and practise our profession? I'm a nurse myself. There are still a lot of Filipinos working in different hospitals and cities in Canada. But since 1993, when the nursing profession became at the bottom for Canada, Filipino nurses are coming and are only working in caregiving programs.

10:15 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Excuse me, Ms. Diocson. I'd like to be sure that we get a chance to hear from Mr. Raper as well.

10:15 a.m.

Conservative

The Chair Conservative Norman Doyle

Yes. Maybe Stan has something to add, and we have only 45 seconds left.

Maybe you could have a go at it and try to answer Mr. Komarnicki's question, sir.

10:15 a.m.

National Coordinator for the Agricultural Workers Program of the United Food and Commercial Workers Union, United Food and Commercial Workers Union, Canadian Ecumenical Justice Initiatives (KAIROS)

Stan Raper

I won't speak on behalf of the employers. I think they do a very good job for themselves. I'll speak for the invisible workers.

We're not advocating for the banning of the program. It's fairly well entrenched and there is a system in place to make sure that employers are accessing workers. What we're advocating is that they have all the same basic rights as everyone else, the right to unionization and bargaining collectively, the right to health and safety.

10:20 a.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

I am more concerned about the appeal structure.

10:20 a.m.

National Coordinator for the Agricultural Workers Program of the United Food and Commercial Workers Union, United Food and Commercial Workers Union, Canadian Ecumenical Justice Initiatives (KAIROS)

Stan Raper

The appeal process.... You'll see in Quebec and Manitoba we've just unionized the first seasonal agricultural workers in the history of the program, and we'll see how we get through the labour board hearing process on that. Ultimately, a grievance procedure and representation on the farm, in our opinion, is the best way to go.

Second to that, I would argue that there needs to be some kind of an ombudsman or a travelling panel that would go around and hear disputes, and before anyone is repatriated they need to go before that body. It could be one or two individuals, maybe a body of three, who could travel around the country and hear disputes and problems on the farms and deal with them appropriately.

10:20 a.m.

Conservative

The Chair Conservative Norman Doyle

Thank you.

That completes our seven-minute round.

Blair, will you start our five-minute round?

10:20 a.m.

Liberal

Blair Wilson Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Thank you, Mr. Chair, and thank you all for coming and making your presentations.

As I think most of the people sitting around this table would agree, increasing and ramping up our immigration policies in Canada is a top priority. It's the future for Canada. I come from western Canada, where we have massive labour shortages in all walks of life, skilled and unskilled workers, and at the same time we're faced with a massive backlog of people trying to get into Canada. As well, as you've documented today, there are up to 200,000 people who are in Canada right now who could very easily apply for citizenship and be a productive, full-time member of our society.

I know over the last nine months we've seen very little action from this new government. I think immigration is not high on their list of priorities at all. They have an inability to count past the number five, so I don't know what else is going to be on their list of priorities.

I have a few questions for you that are quite straightforward, simply trying to elicit your thoughts and your views on a few different issues. One of them is the refugee appeal division, the RAD. I think most of the members of this committee are in favour of the refugee appeal division. I was wondering what your views were on that and why you think it's important.