Migrant Workers Organizing for the Future Conference
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| Members of the Migrant Workers Centre at their AGM last weekend. |
So, I showed up and brought greetings. I talked about the natural alignment of values between the work our union does and the work they do. The labour movement isn't just about organized labour, it's about all workers. CUPE BC delegates passed a resolution at our convention earlier this year that called on the union to advocate for TFWs and to build relationships with organizations like the MWC (we make really great allies when we partner with the experts like MWC).Then I pivoted. I thought about my own family and as a first generation Canadian, I thought about all of the stories my dad would tell us as immigrants from Italy - the child labour, the tough working conditions picking fruit and other hardships. If the MWC existed at the time, it would have been that much easier.
Minister Harry Bains was the main speaker and as Labour Minister, having the onus to protect all workers in BC. He spoke in depth about Temporary Foreign Workers' Protections Act. Things like licensing of recruiters, mandatory registry for TFW, strong penalties for violating the (now) law (fines and jail time), recover and return of illegal recruiter fees charged to workers...and those are just the highlights. Now, the next steps are to create the regulations to enforce this law and it's not perfect but it's much better than anything we had before. Minister Bains is genuinely passionate about protecting all workers. the TFWPA, Employment Standards Branch, Human Rights Commission, Labour Code, and Workers' Compensation intersect in so many ways and it's amazing to actually have someone who cares about the safety and well-being of people in government.
The MWC presented the Minister with and certificate of appreciation/recognition and he was genuinely touched. It was very moving to share space with these amazing people. They are so full of hope and heart. Once the meet was over I went home, signed up to join as a community member and registered for their conference, the following week.
Plenary: Future of the Caregiver Program and the Temporary Foreign Worker Program
The opening remarks of the President of the board, Chit, were heartfelt and inspiring. She welcomed us to the event reminding us that this was an opportunity to recognize and honour the contributions of migrant workers to our communities and economies. Their labour helps this country prosper and we can't ever forget that. She thanked up all for being there to add to the voices of migrant workers for justice and fairness. Then it was onto the opening plenary session which introduced us to the three streams of the TFW program.
Susana Caxaj - UBC Okanagan and Radical Action with Migrants in Agriculture (RAMA)(Agricultural Stream)
A nurse, educator and advocate for migrant workers in the Okanagan, Susana talked about the agricultural stream of TFWs under both the TFW program and the Seasonal Agricultural Workers Program (SAWP). We started off with some pretty stark stats - TFWs fill about 75% of the labour gaps in agriculture and last year there were 22,169 TFWs in BC alone from all over the world. In the agricultural stream, lots of people from Latin America, Mexico, Jamaica and the Philippines.
So what are some of the challenges?
Connection
- support
- discrimination
- isolation - farm workers are often far from the centres of their communities/towns
Access
- language barriers
- legal and health literacy
- mistrust/bias in services (If the workers goes to a clinic and the doctor doesn't provide a translator, they will rely on the employer to relay information)
Enforcement
- dignity
- the worker has the onus to provide the burden of proof if there is a complaint
- normalization of poor working and living conditions
- abuse
What do these workers need? They need real support - not just knowledge or pamphlets. Meaningful mapping and needs assessment needs to be done and we need to anticipate barriers by being flexible and holistic - going to where the workers are and centring their needs over what we think they need.
At the end of the day we need serious policy changes. Things like:
- proactive versus complaint driven mechanisms to deal with issues
- true support systems
- removal of bias in public systems
- end indentured labour by eliminating jurisdictional side-stepping
- addressing the discrepancies on paper versus what the actual practices are
Juliana Dalley - Embarkation Law Firm (Low Wage Stream and the BC Provincial Nominee Program)
I learned that "low wage" in BC is $22.50/hour and often categorized under Canada's National Occupation Classification (NOC) C and D (entry/intermediate level jobs) that are NOT eligible for the path to immigration. The stats in BC were interesting. In 2017, there were 4972 individual Labour Market Impact Assessments (needed to justify TFWs). There were 13,903 NOC C and D jobs, 1482 home childcare providers, 1234 cooks and 714 food service supervisors.
Just like the other streams there are all kinds of issues with the structure of the program. Closed work permits that tie workers to one employer, illegal recruitment fees, easy for employers to abuse their workers as there is little in the form of a meaningful and enforced compliance regime. There is no pathways to permanent residency for low-skilled jobs. Sometimes workers violate their work permits without knowing they are doing so - for example, if an employer hires them to work in a food service job and they send them to work on a farm.
As far as the BC Provincial Nominee Program it's "better than nothing." There is a pathway to PR for some workers but there are strict stipulations - it was to be full time, you have to have been working in the job for at least 9 months, and the job has to be in tourism/hospitality, long haul trucking, food processing and anything in the Northeast Development region - and probably a few more. As expected there are a number of problems with the program:
- minimum language and education requirements
- minimum income threshold (which would be difficult to meet if the workers has dependents)
- exclusion of refugees
- the need to continue to meet the terms of the nomination until PR has been confirmed.
Natalie Drolet - Migrant Workers Centre (Caregiver Program)
We got an overview of the caregiver program, which is scheduled to end in 2019. Most of the delegates to the conference were caregivers and this was of particular interest to the room. Again, more restrictions similar to the other paths. Reduction in access to PR, increased levels and requirements - higher level of success on the CLB English test. Cap of 2750/year in Canada. 2 year work permits which require new LMIAs filed by employers (at a cost of $1000 a pop). A high level of education credentials and a second medical exam.After the panelists were done we broke out into facilitated discussions. I decided to join the agricultural stream, only because I was there to learn. In our discussions we talked about how important it is to centre the worker in the story of our food" so that we don't miss the connection between these workers and their direct impact on our lives. The other break out groups talked about the importance of a pathway to PR and some even had ideas as bold as citizenship upon entry! We can dream!
Susanna Allevato-Quail (Allevato Quail & Roy)
Tammy Baltz - Fair Recruitment Agency
Juliana Dalley - Rise Up Against Unjust Recruitment
Moderator: Erie Maestro - Migrante BC and CUPE 391 member
This session was the opportunity to learn more about the new legislation (and I mean new - the TFW Protections Act was given royal assent on November 8th). Susanna gave us the overview and covered the the key provisions and recommendations on regulations and implementation.
Key provisions:
- Employer registry - something that the BC Fed has supported for a long time. Registering employers helps keep track of everything. Now, past conduct of employers could determine whether or not their application could be denied especially if there is indication that they would violate the act.
- Licensing of recruiters - similar process to the Employer registry
- Recruiters who also provide immigration services - ensuring transparency and accountability for the services charged.
- 2 year limitation period that would allow for workers to recover illegal recruiting fees (it was 6 months)
Recommendations for implementation:
- significant penalties for violation/non-compliance
- accommodation and housing provisions
- contracts and any other relevant documentation should be provided in english AND the worker's own language.
Juliana introduced us to the organization Rise Up Against Unjust Recruitment and focused on the despicable practice of illegal recruitment fees, misrepresentation of employment and "release upon arrival." Many people in the room had paid recruiters' fees and had first hand experience with this kind of exploitation. It's heartbreaking.
Recommendations and next steps to deal with this are:
- legislation to protect TFWs (check)
- effective enforcement regime geared towards TFWs. Another mention of a proactive vs. complaint driven process.
- access to information and advocacy for workers so that they are aware of their rights
- funding for the enforcement of the TFWPA
- changing immigration enforcement practices
Finally, Tammy spoke to us about how she and her partners set up a fair recruitment agency in Hong Kong for domestic workers. They have managed to figure out a model where workers don't pay anything to her firm that they only charge employers.Their mission was clear, "to end the forced labour of migrant workers by reinventing migrant domestic worker recruitment. It was interesting to hear how they built the organization from the group up and after 5 years, they're placed 3000 workers and how 22 employees. Awesome.
The Q&A was tough. These workers have been through so much because they dreamt of a better life in Canada. And then when they arrive they have been subjected to abuse, mistreatment, wage theft, harassment - it's not supposed to happen here. Their hope and earnestness for a better life was inspiring and heartbreaking at the same time. It was hard not to get a little teary hearing these stories.
Then it was time for lunch - it was a lot to digest so I was glad to have a quick break before we got into the next session.
Domingo Salviejo - Vancouver Community College (VCC), Academic Advisor
Sheryl Burns - President of CUPE 1936 and CUPE BC RVP
Marie Pantelis - HEU, Organizer
Zenaida Ordonez - BCGEU (River Rock Casino)
This session was really interesting - everyone had such a different lens on union membership and career paths.
Our good friend Sheryl Burns was up next and she spoke to careers in community social services. What I really appreciated about Sheryl's presentation was that she went into great detail about what social services actually were, the agencies that exist in the lower mainland and the jobs that employers are looking for. She also spoke in depth about the benefits of being in a union beyond wages and benefits. In holding employers to account in regards to hiring practices, and the importance of representation when something goes wrong or when your employer has concerns. We heard about the recent bargaining achievements for workers in community health and community social services highlighting the accomplishment of attaining low wage redress for workers in the sectors.
Marie from the HEU spoke to us about the HEU in particular and job in healthcare. She was a riot! Her sense of humour hit all of our funny bones as she made the dry, sometimes tedious subject of union rah rah entertaining. She covered what it meant to be a shop steward, an activist, an organizer and a staff rep. She talked about collective bargaining and the benefits of union education.
After this panel I had to peace out for a family event. It was such a privilege to share space with these workers and I am really excited to explore opportunities to work with the Migrant Workers' Centre.
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