Evidence of meeting #92 for Citizenship and Immigration in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was employers.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Tomoya Obokata  Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

11:30 a.m.

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

Tomoya Obokata

I suppose it's not very difficult for me to get into that type of debate. I appreciate the difference between the federal competence and provincial competence, and I appreciate that Quebec has a slightly different situation.

From my point of view, the most important thing is that workers' rights are protected. If the regional approach is suitable for workers, I think that is to be considered. Perhaps, however, it could also create a situation whereby certain workers are more protected in certain provinces than others. That creates an inequality and so on.

I would certainly like it if Quebec wanted to take a leadership role in that regard. If that could be followed at a wider level, I think that is to be desired so that all workers, wherever they are, can be protected equally.

11:30 a.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Thank you very much, Mr. Brunelle-Duceppe.

Now, we'll go to Ms. Kwan.

Go ahead, please, for six minutes.

11:30 a.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Thank you very much, Mr. Chair.

I want to thank the special rapporteur for joining us today at committee. I also very much appreciate your coming to Canada and looking into this issue.

As many of the witnesses have said to us, the issue around the immigration system as it's set up, with the closed work permit approach, is that it actually sets these workers up for exploitation. From that perspective.... It's not to say, as the Conservatives would suggest, that you were alleging that all employers abuse workers. I don't believe you said that at any point in time; rather, I think the issue is about the immigration system that Canada has.

Instead of having this closed work permit situation, what would you say is the remedy to address the exploitation that many of the migrant workers you spoke with directly experienced?

11:35 a.m.

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

Tomoya Obokata

My recommendation is, certainly, to modify the closed nature of the program. If the workers are able to choose their employers at their own will, that reduces the instances of abuse and exploitation.

More importantly, whether it's closed or not, employers have to comply with the relevant legal obligations. I accept that a large number of employers already do. It's those others who do not who require further attention from the provincial and federal governments to see whether they can take appropriate law enforcement actions against those who breach labour standards legislation.

11:35 a.m.

NDP

Jenny Kwan NDP Vancouver East, BC

With respect to exploitation, one of the issues that migrant workers are faced with is that they don't have full status here in Canada; they have only temporary status. One issue that has been identified is the closed work permit. The other issue is in terms of having rights. Being able to have their rights protected also means that they have to have status here in Canada.

How would you suggest the policy side of things should be amended to ensure that these migrant workers have their rights protected?

11:35 a.m.

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

Tomoya Obokata

I believe there's a gap right now where certain migrant workers do have a pathway for long-term and permanent residency, yet many of the workers in the agriculture and low-wage streams do not have that opportunity, and I find that discriminatory. I believe they make a vital contribution to your economy. Therefore, they should be given the opportunity to go for long-term...if they so wish. I'm sure that many workers do want to go home because they have their families, but those who wish to make further contributions should be given that opportunity. As they pay equal amounts of tax, they certainly should be entitled to all the benefits that citizens enjoy.

11:35 a.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Some of these workers came to Canada as migrant workers—for example, in the agriculture sector—for decades. They literally came year after year in this temporary status. Now, it's true that some may not want to have permanent status, but some may. From that perspective, should Canada be putting in an immigration policy that gives these workers landed status on arrival?

11:35 a.m.

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

Tomoya Obokata

Do you mean that, as soon as they arrive, they'll be given long-term status? Is that what you're hinting at?

11:35 a.m.

NDP

Jenny Kwan NDP Vancouver East, BC

That is correct.

11:35 a.m.

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

Tomoya Obokata

If that's the case, then yes, I would certainly encourage that. I think there are other countries that are considering similar things. As you said, it's a circular labour migration. The migrant agriculture workers, as you highlighted, do come every year, so why not give them all freedom so that they can come and go without limits, restrictions or threats? I think that will eventually lead to their protection.

11:35 a.m.

NDP

Jenny Kwan NDP Vancouver East, BC

In your preliminary report, you discussed the lack of social housing, in particular, as a contributing factor to the vulnerability of migrant workers. We know that Canada's share of housing stock is pitiful in comparison to the OECD average. Can you expand on the issue of housing as part of the solution to the exploitation of migrant workers?

11:35 a.m.

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

Tomoya Obokata

I looked at only a few sectors, like agriculture, where accommodations are tied to the employers, and that's also where exploitation and abuse may happen. I think the worker should be able to live apart from their own employers if they so wish.

However, I do appreciate that social housing is a problem, not just for migrant workers but, at the same time, for the general Canadian public as well. Again, it is for the local government to consider building and making more affordable housing for everyone, including migrant workers, but oftentimes refugees and migrant workers are at the bottom of their priorities. I think that is an unfortunate approach, and I would recommend to the government to treat everyone equally.

11:35 a.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Ms. Kwan, you have 10 seconds.

11:35 a.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Do you have anything else to add?

11:35 a.m.

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual

11:40 a.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Thank you, Ms. Kwan.

Now we go to the honourable member Mr. Kmiec for five minutes.

Please go ahead.

February 26th, 2024 / 11:40 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Chair, as this is my first opportunity at the mic, I have a motion to move, which I put on notice on Friday. It's concerning matters that this committee considered on February 7. I think there is some inconsistency in testimony we've received from officials, and I think the minister didn't take it seriously.

The motion I'm moving is the one I put on notice on Friday, February 23. I can read it into the record:

Given that, the Globe & Mail recently reported that:

(a) The Canada Border Services Agency (CBSA) is investigating “smuggling operations of Mexicans who fly to Canada without the need of a visa and then enter the United States illegally through Canada's vast southern border”.

(b) According to the CBSA's director-general of intelligence and investigation, these kinds of human trafficking and smuggling operations may be run by a “cartel member, associate, somebody just involved in serious or organized crime”.

The committee invite:

(a) The Minister of Immigration, Refugees and Citizenship to appear before the committee, separately, for no less than 2 hours;

(b) Officials from the Department of Immigration, Refugees and Citizenship to appear before the committee, separately, for no less than 1 hour;

(c) Officials from the Canada Border Services Agency to appear before the committee, separately, for no less than 2 hours.

That's the motion I move, Chair.

11:40 a.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Thank you very much.

Mr. Redekopp—

11:40 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

I was going to speak to it, Mr. Chair.

11:40 a.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Sure, okay. Please go ahead.

11:40 a.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

The reason I'm moving it is that we had a meeting on February 7 and we had the minister appear, as well as Mr. Anson from the CBSA and Chief Superintendent Burchill from the RCMP. In that testimony and in questioning, they indicated the following. It was questioning by Mr. Brunelle-Duceppe. Mr. Anson responded to a question specifically about cartels, organized crime and visa abuse to Canada. This was the response Mr. Brunelle-Duceppe received:

I don't, unfortunately, have a yes-or-no answer. I would say, in terms of organized criminality exploiting visa-free travel, that is something that seldom surfaces in evidence related to prosecutions or in the line of investigations related to IRPA. I would say it is something that, in theory, we know exists. Visa-free travel is exploited in all circumstances, and there are always criminals and organized criminals and organized crime groups that are typically involved or associated with those types of illicit movements.

Then, Mr. Brunelle-Duceppe continued with the RCMP chief superintendent. The superintendent confirmed, “There was no internal information that would indicate that they were exploiting any situation in particular”, and then he said he basically agrees with CBSA.

This is the meeting where the minister refused to answer when the visa requirement would be reimposed on Mexico.

Two things have happened since that meeting.

Marie Woolf, a journalist with The Globe and Mail, wrote an article that said it seems there were “recent operations linked to organized crime to smuggle Mexicans and others into the United States, according to the head of intelligence at the Canada Border Services Agency.” How could Mr. Anson say that there was no documentation, no proof, and that it was just theory, when there was obviously an ongoing operation that resulted in this article? The article had the headline, “Canada investigating cartel members smuggling Mexicans over border to America”. The subheading is, “Canadian officials, RCMP are working to investigate smuggling of Mexicans who fly to Canada and then enter the U.S. through Canada's southern border”.

How is it possible that the RCMP agrees with the CBSA at this committee, saying that there are no such documents—there's a theory—and now there are ongoing operations and we get into this article? In fact, the person from the CBSA being quoted is Mr. Anson. He's the one being quoted. This is all during that whole one hour with the minister when we were told that he would not reimpose and he wouldn't say when he would reimpose it. He tried to deflect every single time I asked him.

The article continues on to say, “He said no particular Mexican cartel was known to be running the smuggling operations. But members of organized crime groups have been identified as being involved.” However, they just told us at the February 7 meeting that it was merely a theory.

This article continues on to say that the Prime Minister “said last week that organized crime is playing a role in bringing some asylum seekers from Mexico to this country.” If there are no documents in these two departments, how could the Prime Minister know that? How would he be informed? Why wasn't the immigration minister better informed? Why couldn't he answer our questions?

It goes on even further and actually quotes Minister Miller. It says that he's “considering whether to impose a visa requirement on Mexican visitors after a sharp increase in asylum claims from Mexicans, most of which have been denied.”

Mr. Anson is then quoted as saying, “We have noticed that there are patterns and people that will try to exploit a lawful ability to enter Canada and then proceed southbound”. Now, if there are patterns of people who are trying to exploit the lawful ability to enter Canada through the eTA, then there would be documentation, but we were told insistently that there were no such documents provided to committee.

Statistics Canada put out a report on February 23—on the same Friday—that shows that in 2023, “[r]epresenting 36.8% of all overseas residents arriving in Canada in December 2023”—so as of that last month of the year—residents of Mexico were 69,300.

If you go on the IRB's website with updated information from the CBSA, over 17,000 claims are being made by nationals with Mexican national documents. That would mean almost a quarter to 33% have made a claim at an air border after they landed in Canada. I would think there would be documentation somewhere and Minister Miller would have been able to provide a much more fulsome answer at the committee to explain himself.

Just so the analysts have it, this is “Travel between Canada and other countries, December 2023”, which was released at 8:30 a.m. eastern time in “The Daily” from Statistics Canada, on February 23, 2024. It just highlights travellers from different countries and who they were.

I just want to make sure I give Marie Woolf her credit here. Her article goes on to quote Mr. Anson indirectly, saying, “He said a division specializing in identifying fake documents is helping spot people with links to organized crime trying to enter Canada at airports, ports and border posts.”

Coming back to my point, Mr. Anson appeared before committee and claimed there were no such documents. Then a superintendent with the RCMP said, “I would echo the comments of my colleague from CBSA that organized crime” and then he was cut off, Chair, by yourself. He continued on just a little bit more, saying, “I would just underline the fact that organized crime will find vulnerable folks and exploit them regardless of the circumstances around that.” That's probably the most accurate statement he made during that entire meeting, because before that he seemed to agree with the CBSA when the CBSA said that no such documents exist.

Minister Miller was insistent he wouldn't tell us when he would reimpose the visa requirements, but if officials in his department.... His officials are also quoted substantively at the top about how closely they're working with Mexico and about how they're feeling the pressure from the Mexican government not to make any changes. There must be documentation.

This article continues on and on, so I have serious concerns that the testimony given by CBSA, the RCMP and IRCC on February 7 was less than accurate. I would go so far as to say that perhaps some of the points may have been misleading—perhaps unintentionally—but there are documents because otherwise it would be impossible for media like The Globe and Mail to be reporting that Canada's border officers have successfully disrupted recent operations linked to organized crime to smuggle Mexicans and others into the United States, according to the head of the intelligence at the Canada Border Services Agency.

11:45 a.m.

Liberal

Shafqat Ali Liberal Brampton Centre, ON

I have a point of order, Mr. Chair.

11:45 a.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Mr. Ali, go ahead on a point of order.

11:45 a.m.

Liberal

Shafqat Ali Liberal Brampton Centre, ON

Thank you, Chair.

We have a witness here on an important issue. I don't think this is a good time to move forward with this—

11:45 a.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Mr. Ali, I'm sorry to interrupt you. I have a speaking list.

I'm going back to Mr. Kmiec.

Mr. Kmiec, the floor is yours.