Filipiniana News
14 June 2008
Prime Minister Harper recently issued an
official apology to the former students of native residential schools and
admitted that “this policy of
assimilation was wrong, has caused great harm, and has no place in our country.” Much like the previous
official government apologies for the internment of the Japanese and the
Chinese head tax, this symbolic act is an important step towards healing old
wounds and in paving the way for achieving meaningful reforms and social
justice.
While it is a welcome symbolic act, it
should not end up as another lip service to the ideals of fairness and justice
that Canada has always claimed to uphold.
Pardon me for sounding cynical, but I
cannot help doubting the government’s sincerity as it continues to perpetuate
immigration laws and policies which are clearly against the very same ideals of
fairness and justice that it claims to promote.
For instance, this recent apology made me
wonder – would the government ever consider apologizing for all the pain and
suffering caused to many participants of the Live-in Caregiver Program (LCP)
and their families?
It is widely known that a great majority
(approximately 90%) of those admitted under the LCP are from the
Philippines. Moreover, there have been
numerous reports and studies of how the live-in caregivers have been, and
continue to be abused or taken advantage of by their employers, recruiters,
employment agents and/or consultants.
And even after satisfying the condition of working full time as live-in
caregivers and eventually gaining permanent resident status in Canada, the long
years of separation from their families have often resulted in estranged
relationships and broken homes.
While it is admitted that there are live-in
caregivers who may speak positively about their experience, this is
overshadowed by the tragic experiences of many other LCP participants and their
families. After all, the problem with
the LCP is far more complicated than meets the eye. It breeds systemic discrimination. The inherent injustices perpetuated by the
LCP are so deeply-ingrained in historical prejudices and discriminatory
attitudes that even so-called politically-correct government policies and
humanitarian objectives cannot simply make up for its many flaws.
Concretely, we see it daily in the blatant
violation of contractual provisions that live-in caregivers and their employers
have entered into as a requisite for the issuance of the work permit. While the law clearly provides that the LCP
was created for the purpose of providing care for children, the elderly or
disabled, HRSDC and CIC-approved contracts routinely allow the inclusion of
“light housekeeping duties” under the tasks that are expected of the
caregivers. In reality, these “light
housekeeping duties” can translate into working very long hours daily (e.g.
from 5a.m. until midnight), preparing meals for the entire household, washing
dishes, doing the laundry, ironing clothes, shoveling snow, walking the dog,
running various errands, etc.. If this
is not modern-day slavery, I don’t know what is.
Who is monitoring the enforcement of these
LCP contracts anyway? What are the
consequences, if any, for employers who seriously take advantage of their
live-in caregivers’ vulnerability and desperate desire to obtain permanent
resident status in Canada?
Yes, there are human rights and labour laws
that can be invoked and government agencies tasked to assist in their
enforcement. But let’s get real. Of course these caregivers will think twice
before taking any step that will antagonize their employers and/or jeopardize
their smooth transition from the LCP work permit to the much-coveted permanent
resident visa. Many of them would rather
endure “minor” inconveniences just to buy peace, avoid any complications and
become permanent residents as soon as possible.
So how does the LCP reality fit in the
picture of a just and equitable Canadian society? Why the discriminatory treatment of this
class of work permit holders who have to satisfy the condition of living in
with their employers for two years within three years of arrival in Canada and
not being allowed to bring their spouses and children to Canada at the outset,
even as temporary residents only?
There was a recently-published story of the
cancer-stricken caregiver, Juana Tejada, whose application for permanent
residence based on humanitarian and compassionate grounds was denied due to her
medical inadmissibility. Despite the
fact that she was diagnosed with cancer while working as a caregiver for a
Canadian family, the government did not consider her deserving of permanent
residence in Canada because she will allegedly cause an “excessive demand” on
the Canadian system. To me, this is just
one indication of the utter lack of appreciation for the invaluable
contribution of live-in caregivers to Canadian society. Why would the government care for one
cancer-stricken caregiver? After all,
there is a long line of prospective caregivers who can easily take her
place. How “humanitarian and
compassionate” is that?
I look forward to the day when the Prime
Minister will also render an official apology and corresponding action to rectify
the oppressive Live-in Caregiver Program.
May I invite readers, especially past
and present live-in caregivers, to please send their comments and experiences
to mdsantos@osgoode.yorku.ca. This will greatly help in our advocacy
efforts for changes to the LCP. Thank
you.
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