Citizenship and Immigration Committee on April 10th, 2008

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

Welcome, everyone. As you no doubt know, you are appearing before the House of Commons Standing Committee on Citizenship and Immigration.

I must tell you immediately that, if you need interpretation, you may use the device provided for that purpose, channel 6 in French or channel 5 in English. Furthermore, since all your remarks are being interpreted in the other language, I would ask you not to speak too quickly during your presentations and answers to enable the interpreters to do their job properly.

Every organization has seven minutes to make its initial presentation. I warn you: seven minutes is very short, and you will realize that quickly. To help you, I'll raise a finger to indicate that you have one minute left, which will enable you to conclude, and then we'll go on to the period of questions and answers by members.

Among our guests this afternoon, we have, from Amnesty International, Mesdames Béatrice Vaugrante and Claudette Cardinal. You'll be free to determine how you want to divide your seven minutes. Appearing as an individual, we have Mr. Alain Vallières, lawyer. Lastly, we welcome, from the Ligue des droits et libertés, Ms. Louise Boivin, coordinator of the Committee on the Rights of Immigrants and Refugees of the Ligue des droits et libertés, and Nicole Filion, coordinator. You will decide how you want to share your time.

We may begin with Ms. Vaugrante or Ms. Cardinal. You have seven minutes.

[Béatrice Vaugrante, Director, Section canadienne francophone, Amnesty International]

Thank you to the committee for this opportunity to share what we have to say on this subject. I'm going to speak and present our file.

The rights of temporary migrant workers in a number of employment categories are not respected, whether those rights are related to employment or to their immigrant status. We are thinking in particular of family caregivers and seasonal agricultural workers taking part in temporary employment programs. Deficiencies exist and leave room for violations of economic and social rights, as well as abuses of workers' physical and mental integrity. But these violations are also related to the phenomenon of trafficking, particularly trafficking in women. Canada also has obligations in countering that.

I would like to talk briefly about trafficking in women in general and go back particularly to the problems facing live-in caregivers and agricultural workers, so that you can then understand what Amnesty International recommends.

The Palermo Protocol is in addition to the UN Convention Against Transnational Organized Crime, the aim of which is to punish trafficking. It very clearly defines trafficking, and Canada ratified it in 2002.

A person who is the object of trafficking remains under the control of a trafficker, who exploits that individual's work or services, whether or not that individual has crossed the border legally or illegally.

Consent is not a key factor in recognizing trafficking in women, since women suffer various levels of coercion and deceit and may initially consent to migrate, thinking they are improving their living conditions. The phenomenon is unfortunately very hard to quantify because clandestinity prevails. We don't have enough research on terms, which, in addition, are poorly defined.

One are the factors favouring trafficking? A lucrative market, silence and impunity, and more restrictive immigration policies, especially for unskilled workers, who are mainly women.

Amnesty International encourages Citizenship and Immigration Canada to pursue reforms that defend victims' rights. Among other things, since 2006, conditions have improved. However, policies to address protocol obligations remain to be improved, especially in order to react to the sexual and economic exploitation of women.

In federal programs, women victims of trafficking fall into a number of employment categories, including domestic work in particular. This category includes individuals, mostly women, who arrive in Canada on a tourist or diplomatic visa or under the permanent live-in caregiver program.

Some of these programs put temporary workers in such a vulnerable situation that it makes them easily exploitable: visas are renewed depending on the employer's good will, there is an obligation to live in the employer's home, and so on. This lack of protection merely encourages those who exploit them.

We conducted a campaign on live-in caregivers in 2006, in partnership with the Association des aides familiales du Québec. The special federal program for individuals wanting to migrate as live-in caregivers attracts may women here. It must be kept in mind that this program requires migrants to live in the home of the employer whose name appears on the work permit. After 24 months of work, the migrant woman is authorized to request permanent residence, if she meets all the requirements. The work permit granted naming the employer differs from the standard permit in that it does not grant the holder the same rights.

In practice, although the program enables migrant women to come to Canada to work legally, its provisions do not prevent abuses by unscrupulous employers who exploit these women.

In a 2003 publication by Status of Women Canada, researchers noted that the contractual relationship existing between a live-in caregiver and her employer is really unequal. They describe the invisibility and lack of recognition of domestic work. They also note that immigration law is a shared responsibility between the federal and provincial governments because working conditions are a provincial jurisdiction. Thus there are incongruities that lead to abuses. Workers must live in the homes of their employers, but the provincial legislation does not distinguish hours worked from hours of availability, during the night, for example. The federal government cannot intervene in cases of abuse because contractual obligations are a provincial jurisdiction.

As soon as they arrive, the women are vulnerable to being at the mercy of certain employers seeking labour that is cheap, docile and excluded from labour laws. Some keep domestic workers in a state of terror by threatening them with deportation and confiscate their identity papers. They are isolated, sometimes confined and work long hours. That was the case of Ms. Marie-Violette Vilsaint, who testified at our press conference in October 2006.

You should also know that it isn't easy for them to call institutions or police departments for help because, sometimes, where they come from, those are not always institutions they can trust.

The second program we would like to talk about concerns seasonal agricultural workers. We've very recently become interested in the issue of migrant workers. We haven't done any thorough research; we are beginning our work. We are asking questions and starting to gather information from networks in the field, but we haven't done any thorough research to date.

Agricultural and seasonal workers, whether they be Mexican or Guatemaltec, are recruited and selected by their respective governments. The employment contract is entered into between the worker and the employer, and the latter determines the working conditions.

Although the selection criteria state that foreign workers must be at least 18 years of age, in practice, it appears that those selected must be married or in a marital relationship with children. Upon arriving in Canada or Quebec, workers have the required documents in their possession, but sometimes they're stolen from them or are withheld, which is utterly illegal. They do not have the right to join a union, which is illegal and shows that the new labour laws and current labour standards aren't all adapted to the new labour market situation.

Amnesty International recommends that Canada sign the International Convention on the Protection of the Rights of All Migrant Workers and their Families. We also want Canada to ask the Government of Quebec to ensure that the Commission des normes du travail accepts the complaints of women with illegal status, a situation that is beyond their control because their documents have been taken from them.

A number of program criteria reforms have been granted to migrant workers. The right to change employers and the right to choose their residence should be granted. Mechanisms for monitoring and overseeing recruitment agencies and the employers of live-in caregivers and agricultural workers should be better developed. Authorities representing workers should be allowed to take part in discussions on determining labour standards for these migrant workers. Pending the right to unionize, a structure should be created with which complaints can be filed, and, lastly, research should be done so that we know what we're talking about.

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

Thank you very much, Ms. Vaugrante.

Mr. Vallières.

[Alain Vallières, Lawyer, As an Individual]

Allow me to introduce myself briefly because, obviously, I believe I'm a little less well known than Amnesty International.

You already have the brief that I sent to the committee and that has been distributed to you. I am a lawyer working in the immigration and refugee field. It is in that capacity that I have come to tell you about my experience.

My presentation will concern the opposite aspect of individuals who have access to a temporary work permit, that is individuals who find themselves on our soil, who live with us, who regularly work with us and who, in my experience, are denied the opportunity to live here and to eventually obtain a temporary work permit. I'm talking about refugee status claimants.

More than 80% of my practice is in this field. Many people come to Canada seeking refuge, as their lives are in danger in their home countries. Many of these people are refused, rejected. However, that does not necessarily mean they are not in danger in their country. In many cases, that stems from the fact that they were unable to convince a decision-maker that their lives were in danger in their country, which may be completely different.

For example, one person may not have obtained the necessary evidence on paper to convince the decision-maker. Simply consider the death certificate, which is hard to obtain in many countries. So that person is refused. These people will live here for many years, exhausting all recourse available to them to have their situation verified.

As mentioned in the brief I sent to this committee, I have a client who has been in Canada since December 2002, nearly six years of residence. That individual is so well integrated that she is now working for Flextherm, a small global leader, a high-level business that exports heated flooring. This business has a serious personnel shortage and attends all the necessary fairs to overcome that shortage. I also represent the Winners company, which is facing the same problem in some of its stores.

This person has been trained in the more than two years she has been working with that business. Only two employees in the business have the same level of knowledge as my client and can perform all the duties. No other person can do that, except one other employee. Unfortunately, she must leave Canada shortly since she has not obtained refugee status. The employer, wanting to retain this employee at all cost, asked me whether it would be possible to get a residence permit for her.

The normal immigration process takes more than two years. The employer can't wait that long. So I proposed that we try to get a temporary work permit that would enable this person to stay in Canada, so that we can eventually regularize our situation while she works and go through the normal immigration procedure, with the full support of the business. She has her life, her family and her job here.

However, in this kind of case, when I submitted her file to Service Canada, I was told that refusal was virtually automatic. Not only do we find ourselves in a situation where the person has to leave, but the process that would be offered to other persons outside Canada is denied her. Why? Based on the information I was given, she's being denied the opportunity to request a temporary work permit because there are doubts that she would leave at the end of the process. So there isn't a temporary aspect that should normally lead to the permit being granted. Even if I explain why I'm proceeding in that way, I'm told no. Nevertheless, refusal is automatic with Quebec authorities.

We find ourselves in quite an extraordinary situation. A person whose qualifications and integration in Canada have been extensively demonstrated, since the contractor wants to keep her, will have no other choice but to eventually leave Quebec, Canada, where she has lived now for nearly six years, without any hope of being able to return and work.

We'll have to use the normal process. In the circumstances, to the extent that many provinces in Canada complain of personnel shortages, is it acceptable to exclude these individuals? These complaints come from the west and from Quebec now, since, as I said, Winners has told me about its fears.

This makes me think somewhat of a punishment or penalty process. They seem to be telling them that, since they claimed refugee status in Canada and were denied it, they are now being denied the opportunity to obtain a temporary work permit. Is that normal when people criticize the reality of labour shortages?

In that sense, it seems to me that, from an entirely economic point of view, without there being any ensuing costs for Canada or for anyone, we could, if only on compassionate grounds, enable these people to stay in Canada on this basis and eventually to complete the procedure that would enable them to stay where they have built their lives for many years.

Thank you.

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

Thank you, Mr. Vallières.

Now it's the turn of Ms. Boivin and Ms. Filion.

Mesdames, you have the floor for seven minutes.

[Nicole Filion, Coordinator, Ligue des droits et libertés]

I, Nicole Filion, will be making the presentation for the Ligue des droits et libertés.

The Ligue des droits et libertés is an independent, non-partisan, non-profit organization whose aim is to make known, to defend and promote the universality, indivisibility and interdependence of the rights recognized in the International Bill of Human Rights. The league is also a member of the Fédération internationale des ligues des droits de l'homme.

In these hearings, we will speak more specifically on the question of undocumented workers and temporary foreign workers. We understand that the purpose of the study that the Standing Committee on Citizenship and Immigration intends to prepare following these hearings is to understand the factors involved and to suggest possible policy actions.

The league feels that, to get a clear understanding of the factors involved, we must first of all consider the present causes of migrations, which are often related to situations involving human rights violations. As the Global Commission on International Migration states:

[...] the impact of globalization has been uneven, and growing disparities are to be found in the standard of living and level of human security available to people in different parts of the world. An important result of these rising differentials has been an increase in the scale and scope of international migration.

When you consider the question of undocumented workers and temporary foreign workers, you must bear in mind that many of the world's migrants have fled their home countries as a result of the conflicts, misery and prosecution they suffered there. These unlivable situations are the result of the inequalities between north and south, of the support provided by western governments to regimes that do not respect human rights, the control of transnational corporations over governments and economies, and armed conflicts often supported, if not conducted, by the major powers.

Furthermore, when it comes to suggesting courses of action in the policy area, it is the principle of equality with dignity and rights that must form the foundation of the practices of governments in this area, which therefore compels respect for all the rights protected by the International Bill of Human Rights. This principle of equality requires that the states, including Canada, respect the economic, social, cultural, civil and political rights of all persons, whatever their status, including migrants, immigrants and refugees.

This principle was moreover recognized by the Parliamentary Assembly of the Council of Europe in 2006, which emphasized that migrants in irregular situations, to the extent they were often in situations of vulnerability, particularly need their rights to be protected, specifically their civil, political, economic and social rights. If there's one principle that, in our view, should be adopted by your committee as a recommendation to be made in your study, it is that one.

Let us first examine the issue of undocumented workers. According to various assessments, there are between 200,000 and 500,000 individuals in irregular situations in Canada. Canada's immigration policy is increasingly restrictive and has serious consequences for immigrants and refugees. It has resulted in a growing number of individuals living in irregular situations. These persons find themselves in situations where the lack of recognition of their rights and of access to recourse mechanisms is part of their everyday lives.

We would note some deficiencies in the immigration policy: the lack, to date, of a right of appeal for refugee claimants and the evaluation of claims by a single board member; the maintaining of a large number of individuals under moratorium in a legal void; and the narrowness of criteria for granting permanent residence on compassionate grounds.

These deficiencies, and many others, require a thorough reform of our Canadian immigration policy. For the moment, in view of the fact that many undocumented workers have fallen victim to the system's deficiencies and that it is impossible to review the selection processes that were conducted a long time ago, the Ligue requests a temporary moratorium on deportations and the introduction of a program for the regularization of undocumented individuals living in Canada at the time the program is put in place.

Regularization must grant permanent status to persons without status, and the regularization program must have no impact on regular acceptances.

Pending the regularization process, to ensure that the rights of the persons concerned are respected, the Ligue believes access must be provided, in particular, to health services, social services and education.

In view of the time allotted to us, we will now address the issue of temporary foreign workers.

We would mention, first of all, the negative impact of the temporary foreign worker program on the rights of those who are admitted in what are considered unskilled job categories.

Ms. Vaugrante spoke extensively about the conditions of individuals in two categories: domestic workers and agricultural workers.

And now to our recommendations in this area: that all persons selected in a “worker” category, regardless of their recognized qualifications, should obtain permanent residence upon arrival in Canada; that they not be compelled to live at the their employers' homes; that measures be put in place for the government inspection of housing conditions in employers' homes; that work permits not be linked to a single employer, but rather to a specific sector of activity and that this restriction be limited in time; having regard to federal and provincial fields of jurisdiction, that a government mechanism be established to oversee respect for foreign workers' rights, both when they are recruited and when they are employed in Canada, and that that include a recourse mechanism.

As Ms. Vaugrante mentioned, we are asking that Canada join the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

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

Thank you very much. We'll now go to questions.

Ms. Folco, you have six minutes.

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

Thank you, Mr. Chairman.

Welcome, ladies and gentleman.

This morning, we met with individuals representing the Union des producteurs agricoles. I asked a question about employee unionization. I was told that the union itself did not take sides, either for or against it, but that it left it up to employers to decide with employees what they would do.

I don't have any experience with the union itself, but my experience with employers in this field in the past number of years has shown me that most employers—I won't give any figures—don't want their employees to unionize. In some cases, they have even sent employees back to their home countries, key employees who were going to unionize the group.

It was also explained to us that the union and the union group dealing with temporary agricultural workers did everything they could to inform employees of their rights and so on. When I asked whether disciplinary measures were taken to restore order or to penalize those employers, I didn't find the answer I received very satisfactory.

I would like Amnesty International or the Ligue des droits et libertés to give me a different answer from the one I received this morning.

[Béatrice Vaugrante]

Briefly, we met on a number of occasions with CATTA, an organization that tried, among other things, to contact seasonal agricultural workers. The CATTA people told us a lot of seemingly extraordinary stories about trying to meet workers who, for the most part, didn't speak French and needed a go-between who spoke Spanish. It's very hard to gain access to these workers to talk to them about their conditions and rights.

With regard to the right to form a union, we see that the Quebec Labour Code is not up to date. Section 21 states that, in order to have a right to form a union, there must be a minimum of three employees ordinarily and continually employed. During the year, of course, these individuals leave. There will never be a minimum of three on the premises during the year. Let's wake up: there are new conditions of work, temporary work and economic migratory flows. Let's adapt our legislation and make it so that, when voluntary requests don't work—indeed, we're not surprised—the law adjusts and sets obligations.

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

Do I have any time left, Mr. Chairman?

[Louise Boivin, Coordinator, Committee on the Rights of Immigrants and Refugees, Ligue des droits et libertés]

That's why permanent residence is fundamentally important.

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

Do you want Mr. Vallières...?

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

No, I'd like to ask a second question.

Pardon me, Mr. Vallières, but I'll have the opportunity to talk to you later. As you know, time is so...

With regard to domestic workers, I worked with the Association des aides familiales du Québec and the Organisation des femmes philippines du Québec a number of years ago. At the time, I thought working conditions for those individuals had been improved, because we had seen some absolutely incredible situations in homes that were not far from slavery.

The question I want to ask you—without going back to those conditions, because I'm very much aware of the time we have left—is this: in view of the fact that all this is under provincial jurisdiction, what can the federal government do to help these women? Indeed, they are virtually always women.

[Louise Boivin]

We recommend the adoption of the International Convention on the Protection of the Rights of All Migrant Workers, because that would immediately enable us to improve the human rights situation. In addition, the live-in caregiver program sets conditions, and it is the federal government that sets those conditions that place women in situations of vulnerability. There are permits naming a single employer, as a result of which the worker is virtually powerless in the relationship. The obligation to live in the employer's home is also a major problem which increases vulnerability and makes the power imbalance enormous, which violates the basis of labour law and human rights. There is also the fact that the person does not have access to permanent residence. That person lives in a power relationship, once again, that results in a power imbalance that leaves her vulnerable.

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

Thank you very much for your cooperation.

Mr. Carrier, you have six minutes.

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

Thank you. We are definitely always pressed for time.

We did a tour of the western provinces before coming here. The situation of temporary workers as it was described to us was quite dramatic, and, as I mentioned, it didn't seem to me to be as dramatic in Quebec. The explanation I was given was that the rate of union membership in Quebec was much higher than in the other provinces. That explained why there were generally fewer cases of abuse and exploitation. You're showing us that there can nevertheless be some. You're talking about an improvement that could be made to the Quebec Labour Code in order to promote unionization. I think that's a good idea.

Ms. Vaugrante and Ms. Filion, you recommended that Canada sign the International Convention on the Protection of the Rights of All Migrant Workers. In what way could that signing reassure you as to workers' rights? You know that Canada signed the Kyoto Protocol, and we don't concern ourselves very much with that. Can that produce better results?

[Béatrice Vaugrante]

Briefly, it's unfortunately true that the international convention agreement doesn't automatically give individuals who are victims access to rights: there is a long way to go, but it's a first very important message. This convention has been signed by no so-called developed country. So this would give Canada the leadership to send a message about the extent of migratory flows and the importance of regulating them.

Second, it would give us authority and legal power to say that we can and must reform federal and provincial statutes following signing and ratification by Canada. For the moment, we can't avail ourselves of that convention. So we can't approach the UN or Canada to change the laws.

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

The comments I have heard thus far make me think that we should significantly amend our Immigration and Refugee Protection Act so that it corrects these problems. The government has a major job ahead of it.

I'm going to talk about the live-in caregiver program. You said that these people are vulnerable, since they are hired by a family and may find themselves at its mercy. You criticize the situation, but what would you recommend? Should we abolish this kind of program? Can we simply supervise or police people who have hired a live-in caregiver?

[Béatrice Vaugrante]

I'm going to let the Ligue answer because its recommendations were important as well. As far as we're concerned, the victim should be provided with support in the short term. Today, victims of abuse whose status is illegal because their documents have been withdrawn by the employer cannot complain to the Commission des normes du travail du Québec. They should be given the opportunity to do that.

The federal legislation has been amended, but no information has been distributed to lawyers and victims. Victims don't know their rights because no one has made the effort to inform them so that they can complain.

[Louise Boivin]

Apart from trafficking and the measures that must be taken in that regard, we agree that the program should be maintained, but workers should have permanent residency on arrival, so they can't wind up vulnerable. We understand that they have to work in the home care sector for a specific time, but they should have permanent residency to avoid an imbalance of power between employer and employee.

They also shouldn't be compelled to live at the employer's home. Inspection measures should be taken and there should be cooperation, while respecting the field of jurisdiction, in putting in place a government mechanism for monitoring respect for the rights of workers, live-in caregivers and other foreign workers, both during recruitment and monitoring the employment contract. Certain private agencies intervene in the recruitment process because it is privatized.

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

Your recommendation for permanent residency upon arriving in the country is a major decision for a government. You have to develop much more significant criteria when you grant permanent residence than when you accept a person who will be a temporary live-in caregiver. There's already a backlog in the processing of applications for permanent residence. That decision would therefore be one of a set of government decisions.

In addition, the number of persons eligible for that program would not necessarily be reduced, because we would then accept permanent residents. So we would have to establish much more developed criteria than those applying to temporary work permits.

You must be aware that it would be preferable at least to have people who have been the subject of an analysis and whom we consider could be good residents.

[Louise Boivin]

The Ligue des droits et libertés believes that the present trend toward expanding temporary work programs is a problem that must be countered because they result in vulnerability.

In the context of an aging population, home care does require a lot of workers. It's mainly women who work in these sectors. Historically, this is a sector that is under-valued and highly feminized. It is time to value and recognize these professions, as was done with Canadian women who were able to “professionalize”, join unions and so on. We don't see why this sector couldn't be reformed. That requires notable changes so that women can acquire power equal to that of Canadian citizens in performing these important duties.

[Nicole Fillion]

I'd like to mention something—

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

Thank you very much. Perhaps Ms. Chow will give you some of her time.

Ms. Chow, you have six minutes.

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

Can we hear Ms. Filion's answer?