Skip to main content

Of Calamities, Compassion and Caregivers

Filipiniana News  -  December 2009
Rhyme and Reason

Being the last month of the year and a traditional time of holiday cheer, I wanted this column to be about something positive that could provide an encouraging note as we enter another year.   As we know, our beloved Philippines has just gone through some difficult times brought on by natural calamities and human cruelty.   These include the tremendous destruction caused by the successive typhoons which hit the Philippines just a few months ago, killing hundreds, and destroying  thousands of homes.  Most recently,  a horrible massacre of journalists and civilians in what is believed to be a politically motivated act sadly reminds us how violent Philippine elections can become. 

Negative news notwithstanding, the universal response to these events have been quite uplifting.  As we know, donations for those affected by the typhoons poured freely, and cries of condemnation against the perpetrators of the massacre reverberated worldwide.  These responses only prove that people are replacing indifference with generosity of spirit, and with a keen sense compassion.

This gives us enough reason for hope.

For those who may have followed and read this monthly column, thank you.  You may have also noticed that one of my favorite topics is the Live-in Caregiver Program (LCP).  This is mainly due to the fact that, as an immigration lawyer trying to assist many caregiver clients, I am greatly disturbed by the repetitive issues that are faced by the participants in this program and have therefore long been looking forward to the day when genuine LCP reforms can be realized. 

I was thus pleasantly surprised to learn that on the day that I was supposed to submit this month’s article to the Filipiniana publisher, Citizenship and Immigration Minister Jason Kenney made a special public announcement on significant changes to the LCP.  Recognizing that the vast majority of participants to this program are from the Philippines, the Minister and his staff chose to make this announcement at the Kababayan Community Centre in Toronto, a CIC-funded settlement agency.  Many in the audience became emotional upon hearing Minister Kenney’s announcement which includes the following proposed changes to the LCP: 
·         LCP participants will now be given four years (instead of three) within which to satisfy the live-in caregiving requirement
·         In lieu of the 24 months, live-in caregivers will become eligible for permanent residence under the LCP class if they have worked for 3900 hours (equivalent to the hours for a standard work week of approx. 40 hours per week for two years) with proportional credit given for overtime hours worked.
·         The second medical examination requirement will be eliminated (Juana Tejada law)
·         Employers will be required to pay for the caregiver’s travel costs, medical insurance until they qualify for provincial health coverage, workplace safety insurance and any recruiting fees owed to third parties
·         LCP employment contracts will have to clearly spell out the terms of employment, job duties, hour of work, overtime, vacation and sick leaves, termination and resignation terms.  Violations of the contract will be strictly enforced and punishable under the Immigration and Refugee Protection Act (IRPA) by imprisonment and a fine of upto $50,000. 
·         CIC will coordinate with Service Canada in ensuring that LMO and work permit renewal processing will only take three weeks to process.

"These important changes help fulfill Canada's duty to those who care for our young, our disabled and our elderly," Kenney said, adding the changes will "help strengthen protection for live-in caregivers and reduce the potential for their exploitation and abuse."
Minister Kenney said that his decision to eliminate the requirement that live-in caregivers undergo a second medical exam when applying to become permanent residents was made in honor of the late Juana Tejada, Celia Mansibang and other live-in caregivers who have similarly died  of a terminal illness after fulfilling the requirements of the LCP.

I was initially disappointed to hear that the changes announced did not include the three major proposed changes I would have wanted to see which are: 
·         The granting of conditional landed status to the caregivers upon arrival in Canada
·         The issuance of open work permits instead of employer-specific work permits and
·         The elimination of the mandatory live-in requirement

I was disappointed because these reforms would have addressed the precarious immigration status of the caregivers as well as the serious power imbalance between the caregivers and their employers, which in turn prevent the caregivers from effectively seeking redress for the various forms of abuse and exploitation committed against them.

During the open forum, Minister Kenney rationalized his failure to include these changes by stating that having been made aware of the flaws of the program, his objective is to mend the program and not to abolish it.  In so doing, he needed to balance the interests of the employers along with the caregivers. 

Once implemented, these major changes to the LCP will indeed benefit many caregivers.

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

Comments

Post a Comment

Popular posts from this blog

Canadian Experience Class – Boon or Bane?

Filipiniana News 14 August 2008 Citizenship and Immigration Canada recently announced details on the much touted Canadian Experience Class (CEC) within the current immigration system.  When the idea was first introduced a year or so ago, it was promoted as a solution to the problems relating to the unemployment or underemployment of immigrants whose credentials are not recognized in the Canadian system. In a nutshell, the CEC is a class of individuals who are eligible to apply for permanent resident status from within Canada provided certain criteria are satisfied.  Those who are deemed eligible to apply under this class are holders of study and work permits who have valid temporary resident status when the permanent resident application is submitted.  For study permit holders, they must have obtained a degree or diploma from an accredited Canadian educational institution after two years of full time study and must have obtained full time work experience w...
Post a Comment
Read more

Visitor Status Not a Guarantee to Long-Term Canadian Residency

Filipiniana News 15 July 2008   Time and again, I receive inquiries on how to “convert” one’s visitor status into a work permit or permanent resident visa while here in Canada.   Many people tend to assume that once they are able to obtain a visitor visa to enter Canada, it would be much easier to work on their “papers” while inside the country rather than to apply at a visa office (i.e. outside of Canada).  It also does not help that the current processing times for permanent resident applications at visa offices like the Canadian Embassy in Manila for instance, is now taking about five years to complete.  Any quicker alternative to land on Canadian soil therefore becomes a much more attractive option. Depending on the individual’s personal circumstances, the above assumption may not necessarily hold true and may in some cases, prove blatantly false.   It therefore becomes a source of disappointment and/or frustration for many to realize t...
1 comment
Read more

COVID-19 Updates for International Students

In the past few years, the number of international students has ballooned at a rapid pace such that they now comprise a significant portion of the temporary resident population in Canada.  In the latest report of the Minister of Immigration, Refugees and Citizenship Canada (IRCC) Marco Mendicino to Parliament, he stated that as of December 31, 2018, there were more than 721,000 international study permit holders in Canada, or more than double the number of permanent residents (321,035) admitted that year. Easing Work Restrictions At this time of COVID-19 pandemic therefore, it comes as no surprise that international students are among those hardest hit by the ongoing lockdowns and their economic consequences. Since international student fees are often double or triple the domestic tuition fee rates, one can only imagine the enormous investment that these international students have made to finance their studies and living expenses in Canada.   Hence, it is a grea...
Post a Comment
Read more