Citizenship and Immigration Committee on April 10th, 2008

[Béatrice Vaugrante]

We belong to Réseau Migration et Justice, from which we can request information. We're trying to make recommendations. One of those is that there be a register containing not only the names of employers at fault, but also of all employers, those who hire workers, live-in caregivers and employees in the fields. At least that would make it possible to do controls, not to allow crimes or violations to go unpunished and to institute proceedings. In the short term, action could be taken so that the Commission des normes du travail du Québec could accept complaints from individuals whose working conditions are abnormal and who are currently unable to complain because they have illegal status. That isn't their fault.

[Nicole Fillion]

A blacklist would make it possible to react after the fact, whereas we want preventive actions to be taken, action before or at the time the violations occur. That is why we want there to be a monitoring mechanism and a recourse system for individuals.

[Claudette Cardinal]

As regards prevention, we've suggested that workers' representatives sit in more on these meetings between government and employers. Then everyone would be aware of the same things, which could help prevent abuses.

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

I have a little time left. In your opinion, who should do the monitoring or prevention? There is still the problem of the two jurisdictions. Once the federal government grants temporary employment, does the province undertake to implement a monitoring program?

[The Vice-Chair, Bloc, Thierry St-Cyr]

Answer briefly, Ms. Filion.

[Nicole Fillion]

That requires collaboration and cooperation. I won't tell you the steps you can take, but I'm sure you will find them if you want to implement that kind of mechanism.

[Louise Boivin]

The employers are known to the federal government. For there to be monitoring, there must absolutely be cooperation, since standards are a provincial jurisdiction. That's inevitable.

[The Vice-Chair, Bloc, Thierry St-Cyr]

In conclusion, Mr. Harvey, you have three minutes.

[Luc Harvey, Conservative, Louis-Hébert, QC]

I'll try to be very brief.

Once again, I'm really enjoying myself listening to my Liberal Party friends who found a way to bring exotic dancers into Canada and who today are taking offence at a lot of things.

I'll be very, very brief.

Mr. Vallières, you didn't talk a lot. Your client, about whom you talked earlier, came from where, from what country? Are you allowed to say?

[Alain Vallières]

Yes, that's not a problem; countries are public. She was from Congo Brazzaville.

[Luc Harvey, Conservative, Louis-Hébert, QC]

If she came from Congo Brazzaville, I can understand the situation.

In your practice, have you previously encountered frivolous refugee claims? Are refugee claim cases all valid?

[Alain Vallières]

No, that's for sure. Some people who are already here and who don't want to be removed from the country sometimes resort to this process and file that type of claim. In my experience, individuals of that type nevertheless constitute a minority. The problem is that a lot of people, knowing they're in danger in their country, will resort to the process without being refugees. For example, if you consider the current wave of people from Haiti, you see that these people aren't all refugees, but they don't want to return to Haiti.

[Luc Harvey, Conservative, Louis-Hébert, QC]

That's fine; I understand.

We talked a lot about unionization. Is that the only solution to the problem? You must be very brief because I only have three minutes.

[Louise Boivin]

We've prepared a set of recommendations on the situation of undocumented temporary workers. The idea, among other things, was to establish conditions so that there wouldn't be an imbalance in the power relationship.

As regards the work permit naming the employer, that makes no sense. I won't repeat all that, since you'll have access to the proceedings of this committee. Whatever the case may be, we're talking about major changes here. We discussed other subjects than the right to form a union.

[Béatrice Vaugrante]

Workers' rights are improved through unionization. History shows us that. In that sense, it is important.

[Luc Harvey, Conservative, Louis-Hébert, QC]

All right.

As for granting permanent residence to domestic workers, is that limited in time? Do you propose to grant them two years of permanent residence or to grant them that status forever?

[Louise Boivin]

Permanent residence, by definition, is permanent. So we're talking about unlimited duration. In the context of limited duration, individuals are required to work in the home care sector. They are selected in accordance with that program. For two years, they must therefore work in that field. However, if they are subject to abuse by the employer, but have permanent resident status, they will not feel intimidated by the idea of going to the authorities or reporting that employer.

[The Vice-Chair, Bloc, Thierry St-Cyr]

Ms. Filion.

[Nicole Fillion]

I simply wanted to remind you that permanent residence is automatically granted in the case of highly qualified professionals. So there is a double standard, based on job qualifications. How can that be justified?

[The Vice-Chair, Bloc, Thierry St-Cyr]

Thank you, everyone, for attending this meeting. It was very much appreciated.

We will now allow the new witnesses to get settled. I urge members not to go away. We'll resume very shortly.

[The Vice-Chair, Bloc, Thierry St-Cyr]

I would invite everyone to take their place immediately. If I correctly understood, there will be four groups. If we want to have time for discussion, we must begin now.

Good afternoon, everyone, and welcome. As you know, you've been invited to appear today before the House of Commons Standing Committee on Citizenship and Immigration. Every group or organization will have seven minutes to make a comment, a preliminary statement. I warn you: those seven minutes go very quickly. To help you, I will raise a finger when you have one minute left.

Over the next hour, our participants will be Ms. Farida Osmani and Ms. Samia Ouar, from the Association des aides familiales du Québec; Ms. Valérie Lavigne and Ms. Lisa Montgomery, from the Immigrant Worker Center; as well as Ms. Anna Purna Malla and Mr. Mostafa Henaway, from Solidarity Across Borders. It is up to you to decide how you want to allocate those seven minutes.

[Raymonde Folco, Liberal, Laval—Les Îles, QC]

I got the impression from the list before me that Mr. Mostafa Henaway was a community organizer working for the Immigration Worker Center. Am I mistaken?

[Valérie Lavigne, Immigrant Workers Center]

You're not mistaken. In fact, he represents both organizations.

[Raymonde Folco, Liberal, Laval—Les Îles, QC]

All right.

[The Vice-Chair, Bloc, Thierry St-Cyr]

Thank you for that clarification. We'll now begin with the Association des aides familiales du Québec. Mesdames Osmani and Ouar, you have seven minutes.