It has never been challenged yet.
Evidence of meeting #31 for Citizenship and Immigration in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was quebec.
Evidence of meeting #31 for Citizenship and Immigration in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was quebec.
1:35 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
It has never been challenged yet.
1:35 p.m.
Bloc
1:35 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
That's an excellent question.
It must be understood that we invest millions of dollars to integrate refugees and immigrants in Canada. Hundreds of NGOs and community groups are paid to support and assist these persons.
There's nothing for the temporary foreign workers we're talking about. Not one dollar is invested, ever.
I'm going to contradict myself. In the past four months, the Government of Alberta has created a new aid office because there are so many abuses that it does not know what to do. So that's the first time there's been recognition, that is to say a government office that I believe will have NGO funding.
1:35 p.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
Ultimately, you're saying that this has never been challenged because no one can afford to do so.
1:35 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
These workers are involved in employment sectors that cannot be unionized. The unions have never been in those sectors. They've only started to enter them in the past few years.
1:35 p.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
With regard to the parameters that sharply restrict the freedom of these temporary foreign workers, we've talked a lot about the fact that the visas were closed and that they are assigned to one employer in particular. It seems clear to me that the situation makes no sense since it creates a disproportionate power relationship in the employer's favour.
That said, many employers have come and told us that some employers are indeed unscrupulous, but that a responsible employer nevertheless has to bear the costs associated with hiring a foreign worker, particularly for recruitment and transportation.
I think we should perhaps opt for an open visa in a field of employment because there are labour-management issues, but, if the person changes employers, that new employer should bear the cost of the previous employer to prevent that employer from incurring losses.
Do you find that restriction acceptable? Could it solve some of the problems?
1:35 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
In fact, I think that's a promising proposal. However, if an employer systematically abuses his employees and the employees leave him... You have to plan for mechanisms so that employers can't simply bring in someone else.
However, I think it could be a good idea to restrict employers by province. Don't let the person go to Alberta because workers there are better paid in a given area of employment, but if it's a provincial permit and—
1:40 p.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
I understand what you mean. However, from the moment an employee changes employers and finds a better job, it's easier for that employee to take steps to report the former employer so that these practices cease.
1:40 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
Absolutely.
1:40 p.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
Currently, that's virtually impossible.
If we simply remove the obligation for domestic workers to live at the employer's home, would that be enough to bring the program into line with our charters?
1:40 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
Two obligations must be removed for agricultural and domestic workers: the obligation to work for a single employer and the obligation to sleep at the employer's home. Why? No one will say it too loudly, but, according to a number of sociological studies done on domestic workers, an enormous number of employers taking part in the program don't want these workers to sleep at their homes.
Ultimately, the domestic worker and the employer could make arrangements by contract, but to say that, in Canada, a person breaks the law if she doesn't sleep at her employer's home, that makes things... As soon as workers leave for one night, they'll be afraid and feel they're in an illegal situation. If they are given the right to change employers, but are required to select from among the employers who want to take them, that makes their job search extremely difficult.
I think it's better for that to be optional. If the employer wants to impose it, so much the better. But since a lot of employers in the domestic worker program don't do it—
1:40 p.m.
Bloc
Thierry St-Cyr Bloc Jeanne-Le Ber, QC
I know it's not easy. You think it's a bad provision, and I tend to think so as well. Why was this kind of provision created? If it isn't to the advantage of the domestic workers or employers, is it really a heresy or bad faith? Why did the government originally propose this provision?
1:40 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
Approximately 70% of employers want someone who sleeps at their home. So this meets an employer need, but especially a need for an asymmetrical power relationship. Employers want to be able to ask someone, 24 hours a day, to take care of a baby that cries, for example, at three o'clock in the morning.
1:40 p.m.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
Thank you very much, Mr. Chairman.
Thank you for welcoming me to the Citizenship and Immigration Committee. I want to say hello to the permanent members of the committee, to welcome them and wish them a productive trip. It's by going out into the field that you can gather a lot of information.
Without further ado, I'll turn to you, Ms. Depatie-Pelletier. Thank you for coming to meet with us. I was surprised at the tone of your remarks. The least we can say is that you are an immigration law expert. You have taken a fairly troubling reading of certain classes of workers. For example, according to the statistics, we took in more than 430,000 immigrants last year. The percentage of workers you referred to, who are not under an umbrella... I'd like to hear what you have to say on that subject.
1:40 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
When you say 400,000, were they all temporary residents?
April 14th, 2008 / 1:40 p.m.
Liberal
Raymonde Folco Liberal Laval—Les Îles, QC
Especially don't make the same mistake as the Conservatives, Mr. Blaney.
1:40 p.m.
Conservative
1:40 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
To understand the scope—
1:40 p.m.
Conservative
1:40 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
There are approximately 400,000 temporary residents, which includes foreign students, refugee claimants, other types of temporary residents, that is to say diplomats, spouses of residents and so on, and what we call temporary foreign workers.
In 2006, 166,000 temporary foreign workers entered Canada. That number includes those who are authorized to come to Canada without a work permit and concerning whom we don't have any statistics. We don't know the number of domestic workers working for foreign nationals in Canada. In 2006, 51,000 workers were recruited through the Live-in Caregiver Program, the Seasonal Agricultural Worker Program and the Pilot Project for Occupations Requiring Lower Levels of Formal Training. That figure has been growing almost exponentially for 10 years. It continues to grow, but will reach a plateau at some point.
1:45 p.m.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
There are approximately 400,000 of these workers in Canada.
1:45 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
No, there are approximately 160,000. Of those 160,000, only 60,000 have servile status. All the others have open or semi-open permits.
1:45 p.m.
Conservative
Steven Blaney Conservative Lévis—Bellechasse, QC
I'm referring to the 400,000 immigrants who receive citizenship.
1:45 p.m.
Research Associate, Canada Research Chair on International Law of Migration, University of Montreal, As an Individual
There are approximately 250,000 of those a year. Of that number, only 50,000 were chosen because they were workers.
