“Fairness” Initiatives

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 disclose the fact that their occupational skills, for which they qualified to migrate to Canada, will not be recognized within the Canadian labour market.  As a result, they alleged having suffered physical, financial and psychological harm and sought reparation for the same.  The case was filed before the Federal Court Trial Division where it was dismissed; then brought to the Federal Court of Appeal where it was likewise turned down; and eventually to the Supreme Court of Canada where it was also summarily dismissed only a few months ago.  In essence, the courts said that there was no negligence on the part of the government nor any direct “duty of care” towards the couple in particular, and that the government’s obligation is towards the public in general.  All levels of the court agreed that there were no guarantees of work given to the couple and that they knew of the requirements to become professionally qualified according to Canadian standards, yet they have done nothing to satisfy these requirements. 

Despite the Premakumaran’s inability to win their personal battle in the courts of justice, the war continues to be waged on behalf of many others similarly situated.  In fact, immigrant advocates are becoming more determined than ever to put forward this particular issue at the forefront of the government’s political agenda.  

In response to this recurring complaint, the government officials concerned often harp about the fact that there is nothing much that can be done at the federal level because, while immigration is a matter within the federal jurisdiction, the regulation of trades and professions is within the provincial domain.  Then again, as experts and politicians have confirmed, much remains to be done in terms of addressing the root of the problem and in actually coordinating government efforts at the federal and provincial levels. 

Rhetoric and politics aside, how is this longstanding problem being addressed in concrete terms?

One recent and welcome development within Ontario was the appointment of former MP Jean Augustine as the province’ first Fairness Commissioner.   According to Ontario’s Minister for Citizenship and Immigration Mike Colle, “the Fairness Commissioner will play a vital role in ensuring that Ontario’s regulatory bodies build fair and open registration processes so that internationally trained professionals have the opportunity to put their skills to work.”

The Office of the Fairness Commissioner is a key component of the Fair Access to Regulated Professions Act, 2006, which became law on March 1, 2007.  This law is also part of the province’ comprehensive plan called “Breaking Down Barriers” meant to assist immigrants “integrate successfully into Ontario’s economy and society.”  This plan includes projects involving language training, settlement services, loan assistance, bridge training, information websites, internships, and other forms of funding assistance towards facilitating the integration of foreign-trained professionals within the Canadian system.

Plans, proposals, promises.   Let us all remain vigilant to ensure that this time around, they are not simply made to be broken. 

The author is an  immigration lawyer in Toronto and may be reached at mdsantos@osgoode.yorku.ca