RHYME & REASON

Although it contains not much surprising bit of news, the recent release of relevant 2006 census data on Filipinos in Canada is causing some stir within the community. If you have not already heard or read about it,   2006 census data again confirmed that Filipinos comprise not only the third largest source of immigrants to Canada but also the third largest group of visible minorities, next to China and India.    It has been noted in the past that we are also among the fastest growing group, with a rise of 35% from 1996 to 2001 when the overall population growth of Canada during the same period was only 4%.   Various statistical surveys have also shown that Filipinos in Canada are among the most highly educated, with a great majority possessing at least a high school diploma and about a third with a bachelor’s degree or higher.   In comparison, only about 15% of the Canadian population have obtained a college or university degree.   Census data...

November is a month of mourning for the dead, praying for souls, remembering and thanking those who fought to regain the freedom we are enjoying today.   On these occasions, it is most fitting to recall at least two recent deaths of Filipinas which were especially poignant owing to the systemic injustices that led to their fate.   The first was the recent death of Jocelyn Dulnuan, a live-in caregiver found dead at her employer’s house in Mississauga.   The second is the suicide of Mariannet Amper in Davao City, a 12-year old girl who decided to end her life because of poverty. Ms. Dulnuan came to Canada to work under the Live-in Caregiver Program (LCP).   This program requires that the caregiver work full time within the employer’s home for two years within three years of arrival in Canada, to become eligible for permanent resident status.    This sounds simple enough that many who wish to migrate to Canada take this option instead of waiting...

Many of us must have heard about a recent D e sperate Housewives episode where the character played by Teri Hatcher denigrated Philippine medical doctors by asking, “Can I see his diploma, just to make sure it did not come from some med school in the Philippines?” or words to that effect.  This caused a major uproar among Filipinos, including those living abroad, which then led to the issuance of an apology by the producers of this very popular television show. The knee-jerk reaction from the Filipino community is quite understandable, considering the fact that numerous Philippine medical school graduates have excelled and continue to excel in their fields in various parts of the world, including the United States.   Therefore, this act of belittling the quality of medical education in the Philippines is extremely offensive and undeserved.    Beyond the knee-jerk reaction however, this incident should also remind us that racial stereotyping is a deeply embedded...

As in most everything else, achieving a good and satisfying relationship involves a two-way process.   The same applies in choosing and eventually working with a lawyer or legal consultant.  If you are thinking of consulting with or retaining a lawyer’s services, here are a few tips that could hopefully make the experience a positive one.  Since I obviously cannot speak for all lawyers or legal consultants, the suggestions below are mainly based on my own limited experience. First of all, your choice of a lawyer or consultant should not be driven solely by financial considerations.   That is, do not choose a lawyer   or consultant solely because he or she charges the lowest fees.   Conversely, the fact that a lawyer or consultant charges the highest rate does not necessarily translate into the best   services.   As clients, we need to understand that lawyers’ or consultants’ fees are driven by various considerations.   These includ...

Canada’s immigration law underwent a major overhaul five years ago when a new Immigration and Refugee Protection Act (IRPA) was enacted in June 2002.   Consequently, the first set of permanent resident cards were issued a few months later, which means that their validity period of five years had just or will soon expire this year, 2007.   This then led to a number of issues arising among permanent residents who may have left the country after landing as permanent residents in Canada and who have failed to meet the permanent residency requirement of 730 days within the last five years.    Under IRPA, the residency obligation may be satisfied in any of the following ways: 1.       physical presence in Canada; 2.       if outside Canada accompanying a Canadian citizen spouse or common-law partner or a is a child accompanying a parent 3.       if outside Canada and employed f...

Not sure when and how the bad reputation of lawyers started.  And why, of all professions, does it seem to be one of the most ridiculed, for example, through those unending lawyer jokes? Recently, this unflattering reputation was again highlighted on at least two occasions.   The first is through a cover story in MacLean’s magazine entitled, “Lawyers are Rats” featuring an interview with Philip Slayton, a former Bay St. lawyer and law school dean who wrote a book on the negative side of the profession, citing a handful of cases where lawyers were actually held liable for their unprofessional conduct.    This understandably raised the ire of many lawyers and lawyers’ organizations, who maintain that there are a few “bad eggs” in any profession, and thus should not be used to characterize the entire “basket”. The second is a speech delivered at a recent national conference of lawyers decrying a “crisis in the legal profession” for its growing inaccessibility ...

When I came to Canada as a graduate student some years ago, I was quite surprised to learn that the country’s immigration law has a special program that allows persons to apply for permanent residence in Canada on condition that they work for at least two years within three years of arrival as live-in caregivers in Canadian homes.  Even more interestingly, I learned that some 80% of the live-in caregivers are from the Philippines, our country which has long been a source of domestic workers for countries like Hong Kong, Singapore, Saudi Arabia, Italy and Israel, among others. Canada however, prides itself in claiming that the Live-in Caregiver Program (LCP) is a “very generous” program that allows the caregivers to eventually obtain permanent resident status, a privilege that is not available for domestic workers in other countries.   But is it really that generous and benevolent a program?    In my opinion, not quite. First of all, it smacks of discrim...

On June 12 th each year, the Philippine flag is raised in many parts of the world to celebrate the country’s independence day.   While it is standard practice for diplomatic posts in various countries to display their flags to signify their presence in foreign lands, this practice has taken on an entirely new meaning as far as the Philippines is concerned.   With seven million overseas Filipino workers scattered around the globe, ceremonies such as these allow Filipinos to rekindle nationalistic sentiments, while toiling many miles away from home.    After lengthy absences from one’s motherland, I believe that even the most hardened of hearts would likely feel a sense of nostalgia at the sight of one’s national flag or upon hearing a rendition of the national anthem.   Therefore, these activities have almost become essential elements for survival of Filipino migrants in far-flung destinations. Due to growing internationalization, Vice Consul...

Sometime ago, I received a call from someone asking if his mother who has been granted a single-entry visa to Canada can go to the US and then return to Canada using the same visa.  He was also wondering whether the extension of her mother’s stay as a visitor beyond six months will be adequate to allow her to travel to the US for a few days and then re-enter Canada.   The answer is yes.   However, this seems to be a common source of bewilderment for many.    I believe that the confusion partly arises from the failure to realize the crucial distinctions between the various types of immigration documents.   So I will try to explain some of these distinctions below. Temporary Resident Visa   (TRV) Under Canadian immigration law, the document issued to allow a person (from a non-visa exempt country such as the Philippines) to enter Canada is called a temporary resident visa or a TRV.   This is the document that is stuck on a page of...

In last month’s issue, I wrote about the link between immigration and human rights.  This month, I would like to discuss one specific principle of human rights that has often been invoked in immigration court decisions – the so-called “best interests of the child.” In the landmark case of Baker v. Canada , decided by the Supreme Court in 1999, it was held that the best interests of the child principle enshrined in the United Nations Convention on the Rights of the Child, to which Canada is a party, should be given serious consideration.    This means that, when there are children involved or affected by a court or administrative ruling, officers and decision makers are duty-bound to be “alert and sensitive” to the needs and well-being of children who will be affected by their decision. This principle is especially relevant to applications based on humanitarian and compassionate considerations, where the applicant may invoke that his or her presence in or removal...

When the Supreme Court of Canada speaks, everybody listens.   Or so we hope. On February 23, 2007, the Supreme Court of Canada (SCC) rendered its decision in the case of Charkaoui v . Canada where it questioned the procedure behind the issuance of security certificates and the subsequent detention review proceedings.   As expected, this ruling caused political ripples and reignited some of the issues long raised by immigrant and refugee rights advocates in the country.    Among others, the SCC ruled that the closed-door and highly confidential hearings (so confidential even the accused is not apprised of the case against him!) violate Section 7 of the Charter of Rights and Freedoms for failing to provide the most basic elements of the right to a fair hearing namely, the right to know the basis of the accusations and the opportunity to provide a meaningful answer or defence.    The SCC also took notice of the differential treatment between p...

Much has been said and written about highly-educated immigrants driving taxis.  To some, it seems like an overused metaphor, but to many others, it is a stark reality.   Apologies for the oft-heard line, but it seems only right to keep saying it until the officials concerned finally take heed:   foreign-trained professionals are having an extremely difficult time getting their foreign credentials recognized.   The very same education and work experience for which they were admitted to Canada are ironically being disregarded within the Canadian labour market.   How fair is that? Mr. and Mrs. Premakumaran, a Sri Lankan couple based in Edmonton and who migrated from England (where they lived for 20 years) nine years ago, have tried their utmost best to seek justice for what they claimed to be a fraud committed against them by the Canadian government.   They fiercely argued (without any legal representation) that the Canadian government failed to...