Evidence of meeting #8 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 c-17.
A recording is available from Parliament.
Director General, Immigration Branch, Department of Citizenship and Immigration
Budget 2007 did allocate funding of $50 million for HRSDC and CIC to deal with growing volumes of temporary foreign worker applications. Those resources will be deployed to deal with those growing volumes.
With regard to the question around objective evidence and what would constitute objective evidence, we would be looking at published research that has been peer reviewed as a key source of any evidence that would be used in the development of instructions.
Conservative
The Chair Conservative Norman Doyle
I want to thank you on behalf of the committee for being here today. You've shed a considerable amount of light on the bill. Thank you. We appreciate it.
Liberal
Andrew Telegdi Liberal Kitchener—Waterloo, ON
Mr. Chairman, there's just one thing I'd like you to make sure is clear. I want information on what happened to those P.E.I. workers who were supposed to work in the fish plant.
January 30th, 2008 / 4:30 p.m.
Conservative
The Chair Conservative Norman Doyle
I think the clerk has made note of it, and we'll follow up on that for you.
Thank you.
Liberal
Jim Karygiannis Liberal Scarborough—Agincourt, ON
Mr. Chair, on a point of order, before the witnesses go, they did undertake to provide us some information. Through you, sir, I would like to ask directly to the witnesses what would be an acceptable time before we get those answers.
The parliamentary secretary will want us to move Bill C-17 along. I don't want to stall Bill C-17 while we still don't have an answer. Unless we get the answers, we can't move along, so I want to find out, through you, sir, what's an acceptable timetable.
Conservative
Director General, Immigration Branch, Department of Citizenship and Immigration
Absolutely, Mr. Chair.
Liberal
Jim Karygiannis Liberal Scarborough—Agincourt, ON
We'll stall Bill C-17 until we get the information, Mr. Chair. Is that what you're suggesting?
Conservative
The Chair Conservative Norman Doyle
I think officials are aware that we would like the information as quickly as possible.
I'm sure you'll do it for us.
Liberal
Jim Karygiannis Liberal Scarborough—Agincourt, ON
Well, I guess we'll put Bill C-17 off until we get the information.
Conservative
The Chair Conservative Norman Doyle
No, no, we'll have that information. Thank you.
Before we call our next witnesses, we do have a meeting of our steering committee tomorrow. We need to get a representative from each of the parties on the steering committee. We need the authority to put Mr. St-Cyr on the steering committee, to replace Madam Faille.
Mr. Clerk.
The Clerk of the Committee Mr. Andrew Chaplin
The position of vice-chair is currently vacant. I am prepared to hear motions on that subject.
Mr. Carrier.
Bloc
Robert Carrier Bloc Alfred-Pellan, QC
I would like to nominate my colleague Thierry St-Cyr, who will be replacing Meilli. The position would be very appropriate in his case.
The Clerk
Mr. Carrier has moved that Monsieur St-Cyr be elected second vice-chair of the committee.
The Clerk
The committee has heard the terms of the motion.
Is it the pleasure of the committee to adopt the motion?
(Motion agreed to)
Conservative
The Chair Conservative Norman Doyle
Good. Thank you, Mr. St-Cyr.
You're aware, of course, that we have a meeting tomorrow morning at 10 o'clock.
Now I want to call to the table our second panel of witnesses.
By the way, I want to ask if everyone has had the opportunity to pick up a briefing book on the bill. They're up here at the table. There's some very good information in there. Of course, the work that was done by Ms. Barnett on this bill is available as well. I trust you have that.
I want to call to the table our second panel of witnesses. Leslie Ann Jeffrey is an associate professor in the department of history and politics, University of New Brunswick, Saint John. She has written extensively on the relationship between trafficking in persons and immigration.
From the Canadian Council of Refugees we have Francisco Rico-Martinez here today, former president of that group.
We have, from the Canadian Centre for Abuse Awareness, Mr. John Muise. We have Janet Dench here as well.
Welcome.
You know the drill, of course. You will give us an opening statement, and then we will go to our committee members, who will have questions.
Who has the statements? Do you have a statement to make to the committee? Please proceed in whatever order you might want to proceed.
We'll just go across the table then.
Ms. Jeffrey.
Leslie Ann Jeffrey Associate Professor, Department of History and Politics, University of New Brunswick, As an Individual
Thank you for having me here today.
I'm a professor of international relations and politics, and I work on human rights, gender, and trafficking in women.
What I'd like to say today is that this bill will not address the problem of trafficking. It will in fact contribute to it. It's an example of the kind of anti-trafficking measures now being strongly criticized by a variety of groups around the world, including the Global Alliance Against Traffic in Women, the United Nations Commission on Human Rights office, and the Committee on the Elimination of Discrimination against Women. This bill limits women's rights, rather than enhancing them, and therefore creates the conditions for increased trafficking.
Because trafficking differs from smuggling in that traffickers maintain control over migrant workers in the new country in order to exploit their labour, trafficking thrives in conditions where there are, one, barriers to workers' migration, and two, poor working conditions. This bill both increases the barriers and fails to address exploitative work conditions and becomes part of the problem rather than part of the solution.
There are several possible impacts of this bill. One is discriminatory gender impacts. The great danger is that migrant women, particularly poor migrant women, are going to be directly targeted by this law, which will reduce their opportunities for safe and legal migration and circumscribe their right to migrate and seek work abroad. This is because of the general bias against women as independent migrants, the general assumptions about women's vulnerability, and the view of exotic dance as inherently exploitative. Therefore, immigration officers are very likely to target women through this law.
Second, there is an increased risk of trafficking. By targeting women “for their own good”, the bill will drive poor female migrants seeking work in Canada, including work in exotic dance, to find other, more precarious and more dangerous ways to enter the country. This may include turning to migration agents who can then charge higher fees and take advantage of them in the workplace.
Third is the failure to address working conditions. It is very problematic that Canada would choose to address the issue of potential exploitation of migrant labourers by attempting to stop their legal migration rather than addressing the conditions of work. Trafficking most often occurs in precarious forms of labour that are unprotected by labour laws, government oversight, and union organization. In exotic dance, for example, exploitation that occurs is a product of the failure to enforce labour, health, and safety laws that we already have, the contract status of dancers, and the lack of knowledge among employers and dancers of the rights and responsibilities of the workplace. Migrant workers in particular have very little information about Canada's laws and practices around exotic dance, and this leaves them open to exploitation.
Fourth, this bill potentially ignores other forms of forced labour and trafficking. The bill's rationale, and therefore very likely the minister's instructions, reflect a problematic focus on the exotic dance industry alone while ignoring the very similar issues in other industries that can and must be addressed. The United Nations special rapporteur on the human rights of migrants, Jorge Bustamante, has received many complaints on the treatment of migrant workers in Canada and has in fact asked, I believe, for an official visit to Canada. This bill ignores this wider context of migrant labour exploitation in Canada and does nothing to address it.
Finally, there are more effective responses to trafficking available that do not involve circumscribing the human rights of migrants and therefore meet our international legal requirements as laid out by the United Nations High Commissioner for Human Rights concerning anti-trafficking measures, that they must not adversely impact the rights and dignity of migrants, and the human rights committee that oversees the International Covenant on Civil and Political Rights, to which we are party, that says these measures must be proportionate and the least intrusive.
The measures the government could undertake are, first, to give temporary foreign workers the ability to change employers so they can leave exploitative employers without having to leave Canada.
Second, require employers to meet certain labour standards, not just demonstrate a need for workers, in order to be given the ability to hire migrant workers. These employers should then be monitored, again, as required by the High Commissioner for Human Rights, their contracts legally inspected, and labour laws enforced.
Third, ensure that there is support for worker organizations that can monitor workplaces for exploitation of migrant workers, inform migrant workers of their rights, and offer methods of redress to exploited workers. This includes, importantly, in the exotic dance industry, support for peer organizations, which is particularly important in highly stigmatized industries.
Fourth, ensure that migrant workers, including exotic dancers, have access to and information about laws, bylaws, legal and social services in their own language so they know how to proceed if their rights are violated or threatened.
Finally, make Canada a party to the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which lays out measures to protect migrant workers from exploitation within a human rights framework, as called for by the current United Nations High Commissioner for Human Rights, Louise Arbour.
Thank you.
Conservative
John Muise Director, Public Safety, Canadian Centre for Abuse Awareness
Thank you, Mr. Doyle.
Thank you for the opportunity to testify before the immigration committee.
Just by way of introduction, I'm a retired 30-year veteran of the Toronto Police Service. I retired last year and have been the director of public safety at the Canadian Centre for Abuse Awareness on a more or less full-time basis for almost two years and as a volunteer for several years previous to that.
I've been to Ottawa on a number of occasions testifying on a number of criminal justice bills, but this is my first time before this committee, so thank you for the invitation and the opportunity.
Since 1993, the Canadian Centre for Abuse Awareness, an organization that survives solely through charitable donations, has raised awareness about the true cost of neglect through its support of victims of child abuse. Based in Newmarket, Ontario, north of Toronto, the CCAA is powered by a committed group of staff and volunteers who provide support to 70 partner agencies—we have a little warehouse, and we give stuff out to them, among a number of other things. Whether it's fulfilling a child's dream wish, assisting crime victims, developing abuse prevention programs and resources, or advocating publicly for legislative change—that's what I do—CCAA is committed to ending abuse.
In 2004, the CCAA went around the province of Ontario and spoke to 150 front-line criminal justice professionals, crime victims, survivors, and other interested parties, and from their voices we wrote a report called the Martin's Hope report, named in memory of Martin Kruze. Some of you will know that name. He was the survivor of the Maple Leaf Gardens child sexual abuse, who courageously disclosed publicly, and then subsequently, four days after his offender received two years less a day in prison—I guess it was the last straw for him—he jumped off the Danforth Viaduct.
The report lists 60 recommendations, 40 for legislative reform, directed at the federal government. We released the report in 2004, and we continue our work to try to get the recommendations instituted. Many of them relate to children in the sex trade, sex tourism, and similar ancillary matters.
With respect to the bill today, that human trafficking is an issue of significant worldwide concern there can be no doubt. Trafficking in women and children is a global issue that results in untold agony and suffering for hundreds of thousands of individuals and families. Source countries are most often third world and/or developing, where poverty is widespread, the rule of law is at best a fleeting mirage, and corruption is endemic. A number of government and NGO publications have and continue to detail this trade, and few, if any, commentators refute it.
Although Canada is not considered a source country, it is a destination and transit country for women and children trafficked into the commercial sex trade. Countries in Asia and eastern Europe are the principal sources, in addition to a number of other locations around the world. Asian victims often arrive in Vancouver and western Canada, and eastern European victims come to Toronto and other eastern Canadian urban centres.
That we are a destination should come as no surprise. With economic opportunity, the rule of law, little or no government corruption, and absence of civil strife and violence—quite frankly an embarrassment of riches—is it any wonder that we would have a flood of immigrants hoping for a new and wonderful life here in Canada? Whatever the reason or intention of the person arriving, the expectation is of a life improved, not impoverished.
The commercial and illegal sex trade is alive, living, and well in this country, from strip clubs or exotic dance clubs to the street corner, massage parlours, Internet child abuse, escort agencies, bawdy houses, telephone and Internet dating, and so-called holistic centres to name but a few. Anyone who has browsed the back pages of any urban independent daily, like the Toronto-based NOW magazine, or Eye Weekly, will find it all up front and centre for anybody to see, and much of it focuses on ethnicity and age. I'm talking about the fact of age being young, not old.
It's not so secret, a commercial and illegal sex trade. Page after page of adult classifieds offering all varieties of sexual services for a fee are on display, and many of the classified ads focus on the ethnicity of the provider. The sex trade is out in the open and booming, and it's clear what's being offered.
We don't believe that individuals wake up one day and decide, “Yes, I think I'd like to give a career in the commercial sex trade a try.” Although personal choice is usually a precursor--unless false pretenses or force are used--it is almost always as a result of life circumstances, including poverty, abuse, and other negative social circumstances that they may be escaping here in this country or from abroad. Even if some make the choice of their own free will, the majority are later subjected to emotional and physical abuse, forced drug use and concurrent addiction, and theft of income. As a result, many end up as indentured sex slaves.
These are the circumstances that confront a Canadian who ends up in the sex trade. The vulnerability and risk for a foreign national on a temporary visa would be increased significantly.
The CCAA raises all of this not because we are here looking for this committee to eradicate the sex trade. That won't ever happen. There has always been a sex trade and that will never change. Our concern is for the vulnerable and at-risk, people who the CCAA sees--and, we believe, society increasingly sees--as crime victims. Make no mistake about it, the people plying their trade in the back pages of these urban dailies and many others like them are the victims of serious crimes. Some have been victimized through human trafficking.
Our focus is on how we as a society can best ameliorate the risk to those vulnerable at the hands of these sex entrepreneurs and predators. We see the response happening across a number of fronts, including prosecution, prevention, and education. Before I finish today, I will briefly touch on some of those.
I was also happy to see Ms. Chow, Mr. Komarnicki, Mr. Carrier, and Mr. Batters all speak to some of the things that need to be done concurrently or post this legislation.
As all of you know, the amendment in Bill C-17, previously Bill C-57, proposes to protect from exploitation and abuse the potentially vulnerable foreign nationals who come to work in Canada. Doing so would allow--with concurrence from a second and presumably supervisory officer--an immigration officer or visa officer to refuse entry by a foreign national to work in Canada, where a person is “at risk of being subjected to humiliating or degrading treatment, including sexual exploitation”. That's what the legislation says. The guidelines or regulations governing this policy would require posting in the very public Canada Gazette.
We understand that current government policy decisions all but disallow entry to anyone who applies for work in the exotic dancer category. We salute the effort on that front to reduce sexual exploitation. We believe the proposed legislation takes these good policy intentions to the next level by providing statutory clarity. In other words, it would be carved in stone, and the policy underpinnings of the statutory requirement can be amended as necessary in real time for inclusion in the weekly Canada Gazette for all citizens to see. This approach, we would contend, is open and transparent, and we support it.
I know that some of you have wondered why this might be necessary when government policy already functionally does this in relation to those who attempt to enter as exotic dancers. In the same way the tap was recently turned off for exotic dancers, future governments could turn it back on. With this legislation, if an attempt is made to do that, presumably we'd find out as a result of the altered public policy published in the public Canada Gazette.
In addition, it should be noted that the language used in the enabling amendment in Bill C-17 would make it difficult to do this in any radical way. We believe there's a good way to conduct government business and enhance public safety and the prevention of crime at the same time.
Though we support this proposed amendment, we would be remiss if we didn't point out the necessity of responding to the issue of human trafficking on a number of fronts. Some of you participated in, or are certainly aware of, the work done by the Status of Women committee on human trafficking. Due to circumstances beyond our control, we were unable to attend and present, but we had made a number of recommendations for legislative and policy reform in relation to the sex trade. We've included them in our Martin's Hope report. They can also be viewed on our home page, at www.ccfaa.com. I'll provide this to the clerk later.
In any event, as you continue this essential work, these priority areas require more attention, in addition to this proposed legislation, if we are to protect those most vulnerable. The three areas that we think need significant help include working with all provinces to encourage passage of provincial legislation that will allow intervention to rescue children lost in the sex trade, and also, as a component of that legislation, providing enhanced licensing mechanisms to allow unfettered entry, padlocking, asset forfeiture, and prosecution of sex entrepreneur predators. These are the premises where we will find those who have been trafficked into the sex trade. Some of these premises are here in this magazine.
We should work with the provinces to provide the resources necessary to local and provincial law enforcement to create specialized units dedicated to the fight against human trafficking and other forms of sexual exploitation. We applaud the first step of creation of the national coordinating unit and the support provided to victims of human trafficking, including the extension of work visas and the protection of people who actually come forward.
The reality is that to track this problem in a substantive rather than accidental way, which is how most trafficking investigations are commenced now, we need boots on the ground locally and provincially. Organizations like the Ontario Provincial Police and the Toronto Police Service need to be able to do this.
The last one is to ensure appropriate training for immigration officers--I know Ms. Chow spoke to this in a certain fashion--to best recognize those at the highest risk for being trafficked into the sex trade and to ensure entry is denied where the risk is high. In addition, we should ensure appropriate government manpower is available to provide follow-up investigations in this country where certain temporary workers might have an increased possibility of risk for sexual exploitation. These are some of the things that Mr. Carrier, Mr. Batters, and Mr. Komarnicki spoke of.
This committee may want to consider a request to the interdepartmental working group to consider and develop these three recommendations.
Finally, we'd like to thank the committee for the opportunity to weigh in on this most important public safety matter. If there is anything that CCAA can do in relation to the human trafficking file or as it relates to the points immediately above, we stand ready to help.
Thank you very much.
Conservative
The Chair Conservative Norman Doyle
Thank you very much.
We have to leave at 5:30. We do want to get some questioning in, but I don't want to cut you off. In the interests of time, if you have any further opening statements, maybe you could condense it a bit to give the committee some time to--
Janet Dench Executive Director, Canadian Council for Refugees
To be fair, though, if three groups are invited, I think it would be fair to give each of the three groups an equal amount of time.