Citizenship and Immigration Committee on March 31st, 2008

[The Chair, Conservative, Norman Doyle]

So you need some tracking?

[Wayne Peppard]

We just need that, and that was what I was talking about--the monitoring, not the tracking.

I just want to say one thing. This is about employers too. When you allow temporary foreign workers to be brought into the country by one employer and not to be treated properly, then it's unfair to other employers.

[The Chair, Conservative, Norman Doyle]

Good.

Thank you, Mr. Peppard.

Mr. Carrier.

[Robert Carrier, Bloc, Alfred-Pellan, QC]

Thank you.

Mr. Peppard, you talked about the supervision, which you call monitoring, of the work done by seasonal and temporary workers. Except that, in a federalist regime such as ours, in a confederation, labour standards are a provincial jurisdiction. In addition, government employees have even told us that temporary work permits are subject to no control to ensure individuals actually leave the country after their work period. Even the federal government doesn't have inspectors on site.

The provinces want us to grant work permits. We could insist, at the time of granting a temporary work permit, that an agreement be reached with the province to ensure that provincial labour standards are met.

Do you agree with that?

[Wayne Peppard]

Absolutely. I thought the intent of the memorandums of understanding that are being signed between the provinces and the federal government would result in that. I know in Alberta it has happened and they have advocacy; they have monitoring.

I want to get away from this tracking. We just want to make sure that the system is working properly and that workers are not getting abused, and that's what they're trying to ensure in Alberta. I think that is one of the types of models that we could be looking to.

[The Chair, Conservative, Norman Doyle]

Thank you.

[Robert Carrier, Bloc, Alfred-Pellan, QC]

To conclude, I would like to thank you—

[The Chair, Conservative, Norman Doyle]

We have to move on.

[Robert Carrier, Bloc, Alfred-Pellan, QC]

—for taking an interest in the workers themselves and for ensuring their quality, when we grant them temporary work permits, and not increasing their numbers indefinitely.

Thank you for those remarks.

[The Chair, Conservative, Norman Doyle]

Well said.

Thank you, Mr. Peppard, Mr. Barrett, and Mr. Fairey. Very interesting presentations. Thank you very much.

In fairness to Ms. Beaumier, who never abuses her time, I want to give her a minute.

She has a question here for you, Mr. Peppard and Mr. Barrett.

Ms. Beaumier, sorry about that.

[Colleen Beaumier, Liberal, Brampton West, ON]

Thank you.

I've worked with immigrants since I was 17 years old. They've been my life, and this is so frustrating.

Mr. Fairey was talking about the Punjabi community.

So the one issue...you're saying they can't be tied to one worker. However, do the employers not pay their way into Canada? And we have to admit that all people who employ farm labourers do not abuse their people. I think we need to hear from some of these people to help us come up with the solutions. For the underground workers--the last time I met a group--there were 30,000 Polish underground workers in the Toronto area working in the construction business. They don't pay unemployment insurance, so they have no benefit there. They have no health care. They pay no taxes. Their children are probably attending school because they originally applied as refugee claimants, so their kids would be in school--but no other benefits.

So not only are the workers exploiting these people, but we in the government are exploiting them. In 2005, or whenever the last Liberal budget was, Joe Volpe had in place a system where underground workers could come forward or were going to be able to come forward, to get regularized within the system, and if they could show that they were able to fit within the system within two years, they could apply for immigration from within Canada.

Do you think that is a partial solution to these underground workers?

[The Chair, Conservative, Norman Doyle]

That's a good question--a very political question.

[Voices]

Oh, oh!

[Colleen Beaumier, Liberal, Brampton West, ON]

It was a political comment.

Is it a good idea or not?

[Wayne Peppard]

I think you're absolutely correct. I do think so. I think that dialogue has been going on. I'm surprised that it hasn't been allowed to come to fruition.

We know that in the residential construction industry, as an example, in excess of 50% is underground right now--across Canada.

[Colleen Beaumier, Liberal, Brampton West, ON]

And it doesn't even benefit the consumer; it benefits no one.

[Wayne Peppard]

Now, on your first point, I just want to respond on the cost to the employer. It would not be an issue if all employers treated them properly, because you would keep your employees.

The second thing I would say is that under the PNPs, which are the provincial nominee programs that are being signed across Canada in the devolution process, that is the possibility. Those employers can go to attract from another country, pay for them, and bring them over under the PNP.

[The Chair, Conservative, Norman Doyle]

Thank you, Mr. Peppard, again.

Thank you, Ms. Beaumier. Those were good questions. I'm glad you had those couple of minutes.

[Colleen Beaumier, Liberal, Brampton West, ON]

Thank you.

[The Chair, Conservative, Norman Doyle]

Do people want time to grab a coffee while we invite to the table Grassroots Women; Justicia for Migrant Workers; Mr. Tung Chan, chief executive officer of S.U.C.C.E.S.S.; and the Philippine Women Centre of BC?

Let's take a couple of minutes.

[The Chair, Conservative, Norman Doyle]

Maybe we can get our committee members back to the table. I know you are all engaged in some very interesting conversations with some of the witnesses who are to come.

Mr. Karygiannis, Mr. St-Cyr, and company, please come back to the table. We will have to send people out to the highways and byways to find our committee members. Most of the members have had quite a hard time getting here to begin with.

We will begin. As I said, we have Grassroots Women, Justicia for Migrant Workers, S.U.C.C.E.S.S., and the Philippine Women Centre.

Could I bring the committee to order, please?

You are well aware of the drill. Each individual is given seven or eight minutes to make opening statements, so please feel free.

Lualhati Alcuitas is first.

[Lualhati Alcuitas, Grassroots Women]

Thank you for this opportunity to speak with you today.

Grassroots Women of B.C. was formed in 1995 as a discussion group by the Philippine Women Centre of B.C. Since then we have evolved into an organization of working-class and marginalized women advocating for our rights and welfare here in Canada and against systemic political and economic marginalization. We also organize in solidarity with other women's struggles around the world against globalization. We are made up of working-class, immigrant, migrant, and indigenous women.

We feel it is important, when addressing the issue of undocumented and temporary foreign workers in Canada, to understand why these workers are entering Canada in the first place. From the sharing of our members, and through the grassroots research that we've done, we know that many working-class women have experienced displacement and forced migration from third world countries because of the impacts of globalization and war. For example, in countries like the Philippines, the government is more interested in serving foreign interests than the interests of its own people. Because they are dependent on foreign aid, the government implements structural adjustment programs and signs unjust trade agreements, aggravating the chronic economic crisis.

So the Philippine government adopts policies of forced migration and becomes reliant on the remittances of overseas workers to prop up their ailing economy. For example, there are over eight million Filipino workers overseas, sending over $14 billion U.S. home a year in remittances.

Once in Canada, these workers serve as cheap labour in the service sector and in domestic work. Many enter Canada through temporary worker programs, such as Citizenship and Immigration Canada's live-in caregiver program, or LCP. Since the early 1980s, nearly 100,000 Filipino women have entered Canada under the LCP and its predecessor, the foreign domestic movement program. We believe that by looking at the experience of long-standing programs such as the LCP, we can draw important lessons when talking about expanding temporary foreign worker programs.

Many temporary foreign workers often face violations in their working conditions because of the requirements of the program. For example, women under the LCP are isolated and often work beyond the hours stipulated in their contracts. They're also asked to perform duties at any hour of the day, since they are required to live in their employers' homes. Many are victims of all forms of abuse, including rape. And even though they're covered by employment standards here in B.C., they often do not complain because of the power dynamics between them and their employers.

We also analyze the nature of the work these women and other temporary foreign workers are doing in Canada. Whether under the LCP, or even afterwards, women are often streamlined into domestic work, doing child care, cleaning, health care or service work--even after the live-in caregiver program.

Many of the workers who come under these programs, such as the LCP or the SAWP—the seasonal agricultural worker program, and now the temporary foreign worker program—or even as refugee claimants, fall out of status and become undocumented because of their inability to complete the requirements of the program or because their refugee claims are denied. Some women under the LCP, for example, are being deported because they cannot complete the strict requirements of the program, for various reasons, such as having to change employers, becoming pregnant, or their employer has passed away, and because of bureaucratic hurdles in the system and delays in processing their work permits.

Those who cannot meet the requirements—and refugee claimants whose claims are denied—face deportation and even permanent separation from their Canadian-born children, which we see as the most extreme form of social exclusion. Many live in fear of the constant threat of deportation.

Some women also fall out of status because of violence within their relationships, which may also lead to sponsorship breakdowns.

I'll share the story of one woman. Her name is Maria, a teacher from Peru, who came here under the live-in caregiver program. She's been unable to complete the requirements of the program because she speaks very little English and has worked for several employers who haven't even given her any record of employment. So she cannot claim she has actually worked the 24 months required under the program. She has a child, whose father was an illegal worker in Canada and who was deported. The child has a very serious health concern, a heart condition. Maria has now been in Canada for seven years, but her claim for permanent residency has been denied. She has no choice other than to file a humanitarian or compassionate grounds complaint—which has very little chance of being approved—or go back to Peru.

Temporary worker programs such as the LCP create problems for families because of family separation. The reunification process is also filled with a lot of problems. Again, as I mentioned in the example of Maria, women who have Canadian-born children also face many challenges. For example, here in B.C., even though your child is born in B.C. and Canada, if the mother does not have a work permit, she cannot access health care, and her child cannot access health care even though it was born here in Canada.

To understand why the presence of undocumented temporary workers in Canada continues to flourish, we look at how immigration needs are really being fueled by employer interests. Temporary and undocumented workers are being exploited by Canadian employers who pay low wages and do not grant benefits, taking advantage of the workers' temporary--or lack of--status.

We in Grassroots Women are very critical of the expansion of the temporary foreign worker program and the recent changes to the Immigration and Refugee Protection Act. We anticipate that many of the problems with the current temporary worker programs will be repeated under new programs. We also know that services for these workers will again fall back on community and grassroots organizations such as ours, who are already facing a lack of funding.

At Grassroots Women, we support the call of such other organizations as the National Alliance of Philippine Women in Canada and SIKLAB to scrap the live-in caregiver program. Women should have the opportunity to come to Canada as permanent residents with their families and also to have their education recognized and practice their professions. We also--

[The Chair, Conservative, Norman Doyle]

I think I'll have to hold this panel to the seven-minute mark, just because we have so many. We have a total of five, which will take up around 35 minutes.

So in the interests of our committee members wanting to get in on the act here too, I think I'll have to hold you to that seven minutes, if you don't mind.

[Lualhati Alcuitas]

Perhaps I could add one last point.

We also demand the implementation of a universal child care program that's accessible and affordable. We see the LCP as the de facto national child care program but only accessible to middle- and upper-class families.

Thank you.

[The Chair, Conservative, Norman Doyle]

Thank you. I'm sorry we have to do that. We have so many panellists, that's all.

Ms. Fuchs.