Citizenship and Immigration Committee on April 8th, 2008

[Carol Phillips]

It's not specifically on this question, Chair, but—

[The Chair, Conservative, Norman Doyle]

Okay, then; I think Sonia was right on that question.

[Sonia Singh]

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.

[Olivia Chow, NDP, Trinity—Spadina, ON]

And drop the fees while we're at it.

[The Chair, Conservative, Norman Doyle]

We'll go to Ms. Phillips. She's been trying to get a word in, and Geraldine as well.

[Carol Phillips]

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.

[The Chair, Conservative, Norman Doyle]

Ms. Sadoway.

[Geraldine Sadoway]

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.

[The Chair, Conservative, Norman Doyle]

Okay.

And our last speaker is Mr. Komarnicki.

[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?

[Geraldine Sadoway]

Yes.

[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?

[Geraldine Sadoway]

Well, we had a program that worked very well. It was very easy to operate. It was an administrative review program.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Just give me a—

[Geraldine Sadoway]

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.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Okay, so you see that as a mechanism—

[Geraldine Sadoway]

That is a mechanism that worked very well and brought many people forward who were afraid, because of their real fear of return.

[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?

[Geraldine Sadoway]

Yes, except that there's that fee.

[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.

[Geraldine Sadoway]

Yes, you can if you have a lot of money.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

You can make it two or three or four times, if the circumstances—

[Geraldine Sadoway]

That wouldn't really make sense, because—

[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?

[Geraldine Sadoway]

Yes, if there are new circumstances certainly it would make sense to make it a second time.