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Much ado but major demands untouched

Kenney announces changes in Live In Caregiver Program

Immigration Minister Jason Kenney is met with further questions after the press conference on Dec. 12, 2009. PHOTO: DYAN RUIZ

Reactions at the packed press conference on Saturday, Dec. 12, announcing much anticipated changes to the federal Live-in Caregiver Program (LCP) were at both ends of the spectrum from positive to negative. Although many agreed the reforms are steps in the right direction, some key demands will continue to be absent from proposed reforms.

As the Minister of Citizenship, Immigration and Multiculturalism Jason Kenney announced each proposed change, many in the crowd broke out with cheers, applause, and even tears of joy at the Kababayan Community Centre (KCC) on 1313 Queen St W. Afterward, some caregivers and long-time caregiver advocates complained that they were initially turned away from the invitation-only press conference, and thus only heard the tail end of the event.

At the top of the list was the removal of the second medical examination, which was campaigned for by the late caregiver Juana Tejada and other advocates. Tejada was initially denied permanent residence after completing the LCP because she had cancer and failed that medical exam.

At the press conference, Kenney declared, “And so effective the date of the implementation of these regulations in about 30 days from now, the second medical will be waived for all caregivers entering the program. And in this we honour the memory of Juana and Celia Mansibang, and all the others who have been brave champions of their sisters, the Filipinas, and the others in the caregiver program.”

Another change “will allow live-in caregivers who work overtime to apply for permanent residence sooner” since a portion (10 percent) of their overtime hours can be applied to the new work requirements. Many caregivers have complained that the requirement to live in the house of their employers is equivalent to them being ‘on-call’ 24 hours a day.

“Under the new measure, live-in caregivers would be eligible to apply for permanent residence after 3,900 work hours - the equivalent of working a standard work week for two years.” This changes the previously ambiguous requirement of working two years within three years. Additionally, caregivers will be afforded an extra year to complete the required work hours.

Jason Kenney at press conference at Kababayan Centre

Other proposed changes announced were:

• Employers must pay for travel costs, medical insurance, workplace safety insurance, and “any recruiting fees owed to third parties.”

• Employment contracts will have to spell out these employer-paid benefits, along with job duties, hours of work, overtime, holidays, sick leave, and termination and resignation terms.

• Emergency processing of work permits will allow LCP workers to change employers more quickly.
Kenney acknowledged that some people have called for the ending of the program altogether. He said he believes that instead “we need to mend the program.” He stated, “We honour the commitment and the hard work, the dedication and the sacrifice of the caregivers. And we are proud to have a program that allows them… a privileged pathway to permanent residency in Canada where they can sponsor in their families and have a bright future. A pathway that might not otherwise be available to them through other permanent resident streams.” Some caregivers have voiced their opposition to the complete end to the program and would agree that they might not be able to immigrate to Canada through other means.

When questioned why he did not grant the much called demand for landed status, Kenney stated such a call is “unrealistic” and might enable a “fast-track stream” where LCP workers could work in other fields. He also stated, “Ultimately I concluded… that would spell the end of the program… To maintain fairness in the permanent resident part of the immigration program, we would have to put them in the back of the line and [they] would wait for five years… This is the only program that allows what the legislation characterizes as ‘low skilled temporary foreign workers’ a pathway to permanent residency and I want to keep that pathway open.”

In regard to the demands for the end of employer-specific work permits called for by the Standing Committee on Citizenship and Immigration and others, he stated, “We’ve looked at sectoral work permits… If people could split from one employer to the next without getting a new work permit that would mean we wouldn’t be able to track them. We wouldn’t be able to protect them and enforce the mandatory dimensions of the program we are now requiring.”

When questioned by The Philippine Reporter about the Auditor General’s fall 2009 report, which stated, “The program’s requirement that the caregiver reside in the employer’s home can put them particularly at risk,” Min. Kenney responded: “In terms of the live-in aspect of the program, well that’s essential.
That’s what the program is about… But there are particular needs that families have and will continue to have in the future… which require someone who is at home. What we are saying today is, vis-à-vis the Auditor General’s concerns, we will have stronger monitoring and contractual standards for the caregivers.”

Kenney continued, “The only way you can bring people in through the Temporary Foreign Workers Program is if we can demonstrate that a Canadian is not prepared to do the job… And by the way, did you know that the Philippines has become the number one source country for immigration to Canada if you include both the temporary and permanent streams? That is in large part because of the women coming to Canada through this program. And if we were to adopt those regulations, that would no longer be the case.”

Critics have stated that the LCP contributes to the deskilling of the Filipino community, financial problems such as personal debt, and family separation due to the years mothers are separated from their children and husbands while in the program. This in turn contributes to a continued reliance on low-paying jobs, the family’s estrangement, as well as Filipino youth dropping out of school and identifying with gangs when they are finally reunited after some years, which is what youth publicized at an event the same day called “Roots, Rhymes and Resistance.”

There was no mention of changing the LCP so that family members would be allowed to immigrate with the worker immediately upon their arrival. Despite their acknowledgment of the proposed changes, the youth at the event organized by UKPC, Siklab and the Philippine Women Centre of Ontario held at the University of Toronto continued to declare the program is “anti-women and racist.” This is particularly because key aspects of the program, such as the requirements to live with employers, the employer-specific work permits, and the LCP workers’ temporary status have been indicated as remaining unchanged.

In regard to the employer blacklist announced earlier this fall, Min. Kenney stated, “We need to treat employers fairly. And let’s be clear. We want to make sure that the program continues. And that means employers need to know that their interests will be reasonably assessed as well.”

Many community members at the conference only had positive things to say about Kenney’s proposed changes. Jun Enverga of the Philippine Independence Day Council (PIDC) hailed Kenney as a “true champion and hero” when he introduced him at the press conference and presented him with a Mabuhay Award of Excellence. Julius Tiangson of the Gateway Centre for New Canadians presented him with the Pearl of the Orient award in recognition of his efforts.

Flor Dandal, Executive Director of KCC stated, “I am really moved. I really cried with the announcement… we have been waiting for this for long, and it is really a surprising announcement, and it will really help our newcomers, especially the caregivers, the families of the caregivers.” The KCC website communicates their services help with “the integration of the Filipino newcomer in Canada” and it “receives funding from: Citizenship and Immigration Canada” among other government agencies.
With tears in her eyes, Terry Olayta of the Caregiver Resource Centre stated at the press conference, “I am too emotional. Thank you our beloved Mr. Jason Kenney.” After the press conference Olayta called the proposed changes, “a release from the bondage of slavery.”

After the press conference, another long-time caregiver advocate, Pura Velasco acknowledged the proposed changes are “steps in the right direction.” Mary Grace Gallego, who is currently suing recruiters in the Rakela Care Agency in Superior Court, relayed similar statements. Both women said they were initially turned away from hearing the press conference and only heard the end. Gallego stated, “We came here and at first they said, you’re not listed so you cannot go inside. How come? This is a caregiver issue. We are supposed to be there.”

Velasco had other things to say. Visibly shaken, she stated in an interview, “I really think that [Min. Kenney] still doesn’t realize the importance of the caregivers… It isn’t true that this is a low-skilled job and it isn’t true what he said that they have a special privileged way to citizenship so that’s why they have created this hybrid program for low-skilled workers. They can work in slave-like conditions for two years and they can get landed…. There’s still a long battle out there that we have to wage.” Velasco approached Kenney outside the centre requesting, “to continue the dialogue.”

All proposed federal changes are to be published on Dec. 19 in the Canada Gazette, which is the government’s official newspaper (www.gazette.gc.ca). A 30-day comment period will allow all Canadians to voice their opinions about the proposed changes. Final changes to the LCP will be announced shortly after commentary is closed.

The announcements at the federal level came in the wake of the passing of the “The Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009” that was passed on Dec. 9 in the Ontario Legislative Assembly with a majority vote of 48 to 13. Ontario’s Minister of Labour Peter Fonseca introduced the Act this fall in light of his acknowledgment that unscrupulous recruiters and employers are exploiting caregivers and other foreign workers.

The Act bans recruitment fees for all caregivers in Ontario and introduces the harshest penalties in Canada for individuals in violation, considering the inclusion of jail time. For more details on the provincial act and its protections, visit www.philippinereporter.com for the online exclusive interview with the Labour Minister published on Nov. 2, 2009.

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