RHYME & REASON

Filipiniana News - Rhyme or Reason March 2010 *Please note that this and all other legal articles that I have written in this column are strictly meant for legal information purposes only and not intended to serve as specific legal advice.  If you have related concerns, it is strongly advised that you consult with a lawyer or paralegal licensed by the relevant provincial law society to discuss your particular situation.* A previous article that I wrote on this topic almost three years ago was published on the web without my permission.  Incidentally, I made an inaccurate statement in that article which I would like to clarify here.  Contrary to what I wrote then, a single entry visa to Canada will not prevent the visa holder from re-entering Canada if the visa-holder has traveled solely to the United States (or to St. Pierre and Miquelon) as long as the person returns to Canada prior to the expiry date on his or her visitor record.  The immigration regula...

Filipiniana News - Rhyme or Reason 14 February 2010           Many rejoiced when Citizenship and Immigration Minister Jason Kenney announced substantial changes to the Live-in Caregiver Program (LCP) on 12 December 2009 at the Kababayan Community Centre in Toronto.  Although the changes did not fully encompass the reforms that caregivers and their advocates would have wanted (i.e. permanent resident status upon arrival in Canada), they were generally seen as a good start for at least having recognized the many shortcomings of the program.  These proposed changes were published in the Canada Gazette on 19 December 2009 for a 30-day period and final regulatory changes are supposed to be published afterwards.  Aside from the Regulatory Impact Analysis Statement (RIAS) published on the CIC website with details of the proposed changes, there is still no clear indication whether these changes have actually entered into force and are being i...

Filipiniana News - Rhyme or Reason 13 January 2010     For many of us, one of the first things that we are taught at home and in school is how to give thanks.  It sounds easy enough to say or do, but as we grow older, it also ends up as being one of the easiest things to neglect. If we count ourselves among those who routinely say “thank you” for favors given to us, how often have we stopped to reflect whether we really mean it?   Is gratitude adequately  expressed by saying the words, “thank you”?   Perhaps.  But I also think that there are far better and more effective ways of expressing our sincere gratitude. First, it does not hurt to express thanks directly to the person concerned, not necessarily through spoken words, but also through a kind thought or prayer, a smile, a nod, or even a hand wave.  For instance, I have seen the latter many times while driving on busy roads and drivers acknowledging those who let them...

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...

Filipiniana News   -  November 2009 Rhyme and Reason Canada’s immigration system is far from being perfect. Aside from stating the obvious, this reality was further confirmed by a couple of news items that were published in recent weeks. The first news item is the Auditor General’s report raising serious problems with Canada’s immigration programs.  In particular, the Auditor General raised concerns “ about the integrity of the program and the protection of temporary foreign workers”.  Below are some excerpts from the report:  “Various studies and reports over the years have recognized that lower-skilled temporary foreign workers entering Canada may be vulnerable to exploitation or poor working conditions, usually because of their economic conditions, linguistic isolation, and limited understanding of their rights.” “There is a risk that live-in caregivers may tolerate abuse, poor working conditions, and poor accommodations so as not to lose the...

Filipiniana News   -  October 2009 Rhyme and Reason     Growing up in the Philippines, I have quite a few memories of having waded on flooded streets and even witnessed our home being invaded by floodwater up to a few inches deep.  Since the rainy season in the Philippines expectedly brings huge amounts of rainfall every year, one would think that the Filipinos have become accustomed to and have learned to adapt to this recurring weather episode. Aside from the brief terror from the occasional loud thunderstorms and flashes of lightning during these seasonal rain showers, my personal memories of Philippine floods consist more of watching children happily wading in pools of water and shrieking in delight while splashing water against each other.  In a country where clean water is a scarce commodity and swimming pools and bathtubs are luxuries reserved for the lucky few, I witnessed how innocent street children found great delight in reveling amids...

Filipiniana News   - September 2009 Rhyme and Reason A few recent positive decisions on rather complex live-in caregiver applications somehow raised hopes for caregiver advocates that this government is finally becoming sensitive to the extremely difficult circumstances that many live-in caregivers have to endure.  Upon the individual caregivers’ request, the immigration officers concerned chose to exercise their positive discretion in granting certain exemptions to immigration requirements on humanitarian and compassionate grounds.  Therefore, the Conservative government’s recent negative response to the Standing Committee’s proposals to amend the laws relating to live-in caregivers and other temporary foreign workers came as a huge disappointment.  The response by Citizenship, Immigration and Multiculturalism Minister Jason Kenney’s office, practically turned down all recommendations by the Standing Committee including the issuance of occupation specific ins...