39th PARLIAMENT, 1st SESSION
EDITED HANSARD • NUMBER 078
CONTENTS
Friday, May 11, 2007
Committees of the House
Citizenship and Immigration
Ms. Olivia Chow (Trinity—Spadina,
NDP):
Mr. Speaker, I move that the fourth report of the Standing Committee
on Citizenship and Immigration, presented on Thursday, June
22, 2006, be concurred in.
The deportation of undocumented workers in Canada continues
to tear families apart, hurting entire communities and causing
economic problems in industries like the booming construction
industry in my riding in downtown Toronto.
In the last years we have seen children being used as bait in
schools and families risking their health and well-being by
going underground to escape deportation. Shamefully, this is
being done in a country that needs immigrants and skilled workers.
The Conservative government is continuing the old Liberal tradition
of failing to set the immigration target at 1% of the population,
which is the figure that we need to replenish the workforce.
The NDP has been pushing for the regularization of undocumented
workers. We have been calling for an effective program, particularly
for workers in high demand sectors, such as construction.
We believe that the government should allow people without status
who have already been working in Canada for many years and who
are calling Canada home, some of whom are paying taxes, to be
given the opportunity to apply for legal status.
Canada needs an immigration target of at least 1% of the country's
total population to enhance Canada's population. That would
be about 330,000 new immigrants a year. Yet this year our immigrant
target is 240,000 to 265,000. The target is much lower than
the 1% that we need. We need to build up our base to benefit
our economy.
It is estimated that there are as many as 200,000 undocumented
workers in Canada employed in trades and low paying sectors
such as the hospitality and construction industries. There may
be as many as 15,000 undocumented Portuguese and Brazilian workers
in the construction trades in Toronto alone. These workers,
who have been contributing to the economy, are exploited because
of their lack of status. The government is doing nothing to
help.
These workers, while helping us alleviate the chronic shortage
of skilled labour, do not necessarily contribute to the income
tax base. According to the Ontario Construction Secretariat,
the underground economy has cost $1.3 billion in lost government
revenues.
The effect that deportation has had on the community, especially
in downtown Toronto, has been devastating. I can give some figures.
Between 1996 to 2000, 292 Portuguese citizens were deported.
Between 2001 and 2004, 443 Portuguese citizens were deported.
From 2005 to mid-year in 2007, already 727 Portuguese citizens
were deported. Imagine how devastating that is to that community.
The Alliance of Portuguese Clubs and Associations of Ontario
has asked the minister to implement a moratorium on deportations
to allow the opportunity to discuss various options to regularize
these undocumented workers. Unfortunately the minister has not
listened. The Portuguese-Canadian Congress and the Federation
of Portuguese Canadian Business and Professionals stated in
a letter:
We believe that the consequences of pursuing the current strategy
of strict enforcement of the Immigration and Refugee Protection
Act will be seriously detrimental to Canada's economy and would
be contrary to our strong humanitarian principles.
We fear that this strategy...if pursued will deter other undocumented
workers from coming forward and will drive them further underground
which will ultimately be more costly to our society. These individuals
are the most vulnerable living among us and they will continue
to be further victimized.
As I have said in the House on many occasions, undocumented
workers and their families live in fear today because the Minister
of Citizenship and Immigration has failed to act. The economic
consequence of the minister's continued refusal to act in the
best interests of these workers can be seen across Canada.
In July 2006, the Canadian Construction Association stated:
As the largest industry sector in Canada, the construction industry
is facing unprecedented demand for labour. According to the
Construction Sector Council, between 2005 and 2014, approximately
150,000 people will be needed to meet impending retirements.
Furthermore, between 2005 and 2010, an additional 41,000 workers
will be needed to meet expected demand.
Those are staggering numbers, almost 200,000 workers short of
our need. This surely begs the question, what are the Minister
of Human Resources and the Minister of Citizenship and Immigration
doing? Are they asleep at the wheel alongside the absentee Minister
of National Defence?
It is outrageous that we would leave the vital construction
industry shortchanged over the next decade. The government clearly
has no plan to address this major issue. It seems that shortchanging
the construction industry is only the beginning. The government
has also failed to act to reverse the devastating trend begun
by the former Liberal government with regard to the immigration
point system.
In the early 1990s, the Liberal government prioritized educated
professionals and business people over skilled workers and family
class immigrants. Today that is still the case. In 2005, 55%
of new immigrants were professionals, compared with only 17%
in 1990. The two lowest skills levels for new immigrants went
in the opposite direction. Skilled labourers only accounted
for 10% of new immigrants in 2005, compared to 37% in 1990.
No wonder there is a shortage of workers.
We want professional workers to come to Canada. Unfortunately,
the government has treated these most educated, most skilled
immigrants like eternal second-class citizens. The Conference
Board of Canada has reported that our economy loses about $5
billion each year because of underemployment of new immigrants
whose foreign training, expertise and experience are not recognized
in Canada.
People come to Canada thinking that their degrees qualify and
yet when they arrive in Canada, they discover their degrees
are not being recognized. That is really difficult for them.
It gives a false picture of Canada. It is not fair to immigrants
who move here in the hopes of bettering their lives.
When immigrants come to Canada they have to go through lots
and lots of hoops in the current process. They do not necessarily
know where to apply. They do not quite understand the assessment
process. It is complicated. Different levels of government are
involved. There are professional bodies. Yet there are no national
procedures in place.
Furthermore, when people apply at CIC centres and visa offices
overseas, they are not being told that this will happen to them.
It would not be very difficult for us to assess their credentials
before they came to Canada, and yet Canada refuses to act.
Each year Canada receives between 220,000 and 245,000 immigrants.
In 2005 over 130,000 skilled workers were admitted into Canada
with numbers only expected to increase. Immigrants in the past
decade have accounted for 70% of Canada's net labour force growth.
This trend is going to continue. Far too many of these highly
skilled new immigrants are driving taxis and delivering pizzas.
We are drawing these skilled labourers out of their home country
where they are needed and yet their talents are being wasted
in Canada.
According to a University of Toronto study by Dr. Ritz, the
underutilization of skilled new immigrants represented a $15
billion earning deficit in 1996. Imagine what that number would
be today.
What is happening? There has been nothing from the government
but empty promises from the ministers and the Prime Minister
saying that a plan will be coming, perhaps later, maybe in the
late spring, sometime. We have not seen any action.
The NDP and I have presented a plan to improve the lives of
tens of thousands of new immigrants in Canada who are underutilized,
underpaid and undervalued. It is about time that we deal with
the issue of foreign credentials.
The Parliamentary Secretary to the Minister of Citizenship and
Immigration has issued a dissenting opinion to the report that
is in front of us today. It states--
The House resumed consideration of the motion.
Ms. Olivia Chow:
Mr. Speaker, as I said earlier, the Parliamentary Secretary
to the Minister of Citizenship and Immigration issued a dissenting
opinion to this report. It states:
At the present time there is a growing concern with respect
to the plight of undocumented workers all across Canada. This
is a matter with no easy solutions and a number of competing
concerns, all of which warrant careful consideration and study.
There is no question this government and the Conservative Party
of Canada recognize that a thoughtful and measured response
is required before policy can be implemented to fully address
this situation.
I have a question for the government. Should we be deporting
hard-working families, families who have lived here in Canada
for many years, families who have raised their children here,
who have good jobs, who have established themselves in communities,
and who have contributed to Canadian society?
Obviously, the answer is no. We should not be deporting these
hard-working families. We need to see a new policy to address
the plight of these workers and their families. That is why
a moratorium is required and it is required now.
Beyond that, we have seen the government only dragging its feet
on the immigration system and immigration reform. Where is the
overhaul of the point system? When will we see a fair and just
system for the sponsorship of families? How will our economy
grow with our desperately growing need for skilled labour? How
long do families have to wait before they can bring their loved
ones, like parents, to Canada?
It seems that the minister has three choices. He could follow
the Liberal lead and just turn a blind eye to the exploitation
of these workers. He could order a witch hunt, a mass deportation
of 200,000 hard-working, tax-paying people, or he could just
do his job and find a solution.
The Conservative government has had the opportunity to address
and improve Canada's immigration system, which is currently
failing and broken, but it seems to be continuing the Liberal's
record of failures in this area, a record of doing nothing at
all for our new immigrants.
Therefore, I call on the government to do the following: first,
stop deportations while new immigration policy is being put
in place; second, establish an in Canada program which would
offer work permits to law-abiding workers and their families,
leading to the opportunity for these workers and families to
apply for landed status; and third, create a long term solution
for a fair program that permits skilled workers to immigrate
into jobs in the construction and service sectors.
Mr. Ed Komarnicki (Parliamentary Secretary to
the Minister of Citizenship and Immigration, CPC):
Mr. Speaker, I would like to address a question to the hon.
member.
Obviously, the report that came before the House was a report
that went forward from the committee by the opposition without
hearing a shred of evidence. I wonder if the member was aware
of that. Indeed, there was an attempt made by the government
to have a study conducted on this issue and to hear from all
of the stakeholders involved in order that this problem and
issue could be addressed. In fact, other agenda items were taken
by the opposition, so that we will not be going into this comprehensive
review until our next opportunity, which will be when we get
back in the fall.
The second thing is the booming construction industry, of course,
is taking place throughout the country. We have worked with
the temporary foreign worker program and the provincial nominee
program that provide a basis for skilled workers to attempt
to fill the jobs that are available. As much as we are sympathetic
with those who are here without going through those processes,
what would the member say about the fact that we have a backlog
of about 800,000 who are attempting to get in through a legitimate
process?
What do we tell these people who are trying to go through the
programs and avenues that already exist? Is there not some necessity
to deal with the backlog, to provide a legitimate process through
which people can come in, as we are doing now?
Ms. Olivia Chow:
Mr. Speaker, the Liberals had 13 years to study and the Conservatives
have had more than a year to look at the various options. There
have been many options. Pilot projects have been suggested by
the construction trade, immigrant working groups and different
cities. I know the city of Toronto certainly had different suggestions.
There have been options, reviews and studies on this issue.
If we have hearings, are we going to ask the undocumented workers
to come to Ottawa to speak to the standing committee? That would
not work. It is not as if we do not know what the problems are.
Construction workers appeared before us who said that we have
serious shortages. Different immigrant working groups, whether
from Brazilian, Portuguese or Filipino communities, said that
more deportations are a complete waste of taxpayers' money.
Why? Because we deport these workers after spending a lot of
money in court and then about a year later, because the employer
still needs these workers, after they return to their home country
they bring the workers back to Canada.
It is wasting the employer's time, it is causing hardship, tearing
families apart, removing kids who are already in school, some
of them even born in Canada, and interrupting their daily lives.
What for? They are not criminals. If they are good enough to
work here, they are good enough to stay in Canada.
In the mid-1980s there were regularization programs that worked
and Canada benefited from these workers becoming landed immigrants
as they are now contributing as citizens.
Mr. Marcel Lussier (Brossard—La Prairie,
BQ):
Mr. Speaker, I listened carefully to the member for Trinity—Spadina's
speech concerning the motion.
She explained the problem the Portuguese in Toronto are having.
I would like to know if she is also aware of the problem facing
Mexicans who come here for seasonal work, such as harvesting
produce in Quebec, and who have to pay deductions out of their
paycheques even though they receive no benefits. Has she considered
that?
Ms. Olivia Chow:
Absolutely, Mr. Speaker. There are Mexican seasonal workers
and workers from Pakistan. They are from all over the world
coming to Canada and helping our farmers, our construction trade,
working as nursing aides, nannies and domestic workers. Some
work in restaurants and hotels. They are in all different sectors
and they do contribute by paying taxes.
However, if they are injured in the workplace they do not get
workers' benefits. When they are sick, they cannot get help
from our medical health care system because they do not have
medical coverage. Some of their kids are fearful to go to school.
There are many tragic stories where kids are so worried about
going to school that they are not in school. Every child should
be in school.
In some cities, such as Toronto, they are beginning not to ask
questions and have a “don't ask, don't tell” policy.
They say that schools should not ask about the immigration status
of these kids because every child should be able to be in our
school system.
These serious problems have been with us for years and are getting
worse. We have to act on humanitarian and economic grounds.
We must do something now for all these workers that are being
exploited.
Mr. Ed Komarnicki:
Mr. Speaker, there is no question that we have a provision in
our system that deals with humanitarian and compassionate grounds,
and that is always open and available. We need to be compassionate
that is for sure. As the member indicates, we need to find a
legitimate way to ensure that we can have skilled trades and
labourers addressing our booming economy.
Let us assume that indeed we develop a system where people can
legitimately come through the system to meet the economic needs
and the skills shortages that we have throughout various parts
of the country, in the eastern part of the country and the western
part as well.
What would the member propose we do for those who then decide
not to go through the temporary foreign worker program, the
skilled worker program or the provincial nominee program or
any other program and jump the queue that is designed for workers?
At some point would the member not say that we must expect that
the process be followed. Although we use good judgment and compassionate
grounds where obviously we do not go into schools and do those
kinds of things, but at some point what do we do with those
who decide they want to go past the queue in any event?
Ms. Olivia Chow:
Mr. Speaker, there is really no queue to jump. There is the
temporary workers program. If these workers are good enough
to work, why can they not be landed immigrants?
In the present immigration system, the points system is stacked
against them. Some of them may not be fluent in English or French.
They may not have degrees. We do not need people who have a
large number of degrees to work in the construction trade. As
long as they are qualified electricians or bricklayers, they
do not need a degree in computer science. The points system
is completely broken.
There is really no way for them to apply to become landed immigrants
to Canada. We need to fix the points system. There has been
nothing done in the past. In fact, during the 1990s the system
got worse. We have more people coming in with degrees and fewer
labourers, and yet it is the labourers that we need.
We can look at the situation with nurses. We used to have a
program with the Philippines where we recognized the credentials
and the degrees of nurses that came from the Philippines. In
the mid-1990s we changed the program. They are now coming in
and working as nurse's aides and not as nurses. They are paid
lower wages and occasionally they are deported because their
work permits run out. If they are good enough to work here,
they should be allowed to become landed immigrants.
Mr. Ed Komarnicki (Parliamentary Secretary to
the Minister of Citizenship and Immigration, CPC):
Mr. Speaker, I am please to have the opportunity to participate
in the debate and to speak with respect to a moratorium on removals
for undocumented workers, as proposed by the hon. member for
Trinity—Spadina.
To frame the debate, I believe it is important to underline
two principles the government has continually expressed in explaining
its position from the outset, and that is fairness and respect
for the rule of law. Fairness and the rule of law are two things
Canadians expect to see in our immigration system. So fundamental
are these two principles, that they have been enshrined in the
Immigration Refugee Protection Act, sometimes referred to as
IRPA.
The motion passed the Standing Committee on Citizenship and
Immigration without the opposition calling a single witness.
Indeed, the process was flawed and was contrary to the rules
of the House and committee rules. No evidence was given to explain
why the government should overlook the limits of the IRPA, the
act which governs immigration, which is not contained in provisions
allowing for a moratorium. In fact, we will be studying this
issue in a comprehensive, broad basis where there will be ample
opportunity for all stakeholders, all those interested in this
issue, construction workers, those who feel that there should
be a new system, those who want to talk about the point system,
to come forward.
What the member and the opposition party have done by proceeding
with this motion, without the calling of a shred of evidence,
is simply to try to make political gains, political hay out
of a situation that requires our compassion and our direction.
It is something that we should take into account in a sober
and thoughtful way.
The committee did not hear from anyone, so it did not consider
the evidence of how moratoriums have failed Canada in the past.
It did not call anyone, so it has not listen to those who are
concerned about the consequences a moratorium would have on
applicants who have legitimately applied to come to our country
following due process. It did not hear that legitimate applicants
would have to wait longer to free up the resources needed to
allow those who come here illegally to move to the front of
the line.
The committee passed this motion, without thinking about its
consequences and whether it was fair, simply and purely to try
to take advantage of a situation to its advantage.
Earlier I referred to a principle that I believe Canadians and
Canada's new government share. It is upholding and respecting
the rule of law. For the record, there is no provision in the
law that allows for a moratorium. To implement a moratorium
without anything to enable it would be arbitrary. This is no
way to apply the law or act as a government.
There is no question that the matter of undocumented foreign
workers in Canada is a serious one to which we need to direct
our minds and attention. As I mentioned, we will be doing so
in a broader and more extensive way.
I can assure the House that our new government is well aware
of the serious skills and labour shortages affecting the productivity
and growth in a number of regions and sectors of our economy.
One only needs to spend some time talking to employers across
the country to hear first-hand the difficulties they are experiencing
in finding people with the skills and experience they need to
maintain their competitive edge. In fact, they go a long way
out of their normal offerings to ensure they can attract people
to positions. They provide training and so on to ensure they
can stay open and do what is required of them.
That is why our government is working with all interested parties,
provincial and territorial agencies, labour and industry organizations
and community groups, to find ways to address our labour and
skills shortage through legal means, through a process that
is fair and open to everyone. True, we may need new electricians,
but if we have a process for electricians to come forward, then
we do not need to have somebody come in some other way to try
to fill that position.
Part of the solution is to put Canadians in these jobs. One
way of helping to create these jobs is through training and
education. In budgets 2006 and 2007 and through our “Advantage
Canada” plan, our government committed to increasing participation
in the workforce.
To accomplish this, our government has made several commitments.
These include reviewing systematically and eliminating barriers
to labour force participation for underrepresented groups and
improving labour market programming so it helps Canadians to
develop the skills they need and the skills employers want.
That should be our first target, to try to get people trained
in skills that already exist and encourage them to enter into
the trades and skills which are much required in the building
of our country.
We have committed to making improvements to the temporary foreign
worker program to respond to employer needs and examining ways
to make it easier for Canadian educated foreign students and
temporary foreign workers to stay in Canada and become Canadian
citizens. We have committed to supporting the removal of barriers
to labour mobility across the country, ensuring people can cross
interprovincial territories so they can go to work where the
work is. We have committed to enhancing labour market information
available to Canadians so they can make optimum choices for
themselves, reducing taxes and creating a business environment
conducive to business investing in training. We have done that
in our budget. We encourage employers to have people trained
to fill those positions that are much required.
Our economy and our country are growing. There is no question
we will need more people to fill the positions that will be
available as a consequence of this. We work with the provinces
and the territories and the private sector to make training
and skills development more widely available to Canadian workers
and better aligned with the needs of the economy. While government
plays an important role, business also have a role to play in
helping and training workers for the current and future needs.
We recognize that immigration has a role to play as well. We
are working with our partners in the provinces and territories
and the private sector to enhance the capacity of our immigration
program to respond to those needs.
We are taking other actions. While the Liberals froze settlement
funding for over a decade and voted against providing $307 million
in new settlement funding for immigrants, our government has
committed over $300 million in new settlement funding over two
years to ensure newcomers to Canada are equipped to enter the
Canadian workforce as soon as possible.
While the Liberals stood idly by for 13 long years, we are taking
real action to address the needs of immigrants. Budget 2007
announced the creation of a foreign credentials referral office.
Its creation will fill a need clearly identified with the provinces,
the territories, the stakeholders, while respecting provincial
jurisdiction.
In this regard, the Minister of Citizenship and Immigration
and the Minister of Human Resources and Social Development have
consulted with provinces and territories, as well as the full
range of stakeholders involved in integrating immigrants into
the labour market force and society. Stakeholders include regulatory
bodies, provincial assessment agencies, post-secondary institutions,
sector councils, employer associations and immigrants.
We will take a leadership role in helping perspective immigrants
and internationally trained and educated individuals already
in Canada find the information and access to services they need
to put their skills to work. We want to ensure the people we
work hard to attract to this country can put their skills to
work for Canada as soon as possible after their arrival.
We are processing a record number of temporary foreign worker
applications. Just last year, we took in over 100,000 temporary
foreign workers. We have recently announced changes to the temporary
foreign worker program to make it easier and faster for Canadian
employers to meet their labour force needs. We have cut the
red tape. We have ensured that the process goes quicker and
smoother. We have ensured that we have the resources in place
to help employers accept these workers and process them through
so they can be a part of the workforce.
These changes will reduce the time that employers have to wait
to get workers they need and to extend the time that workers
can stay in Canada from one year to two years and, in fact,
make application for permanent resident status. This will help
bring more security and stability to workers and to employers.
We have also opened new temporary foreign worker units in Calgary
and Vancouver to better serve these high demand areas. We have
created regional lists of jobs where there are clearly identified
worker shortages. We have made it faster and simpler for employers
to hire a foreign worker for an occupation that is on one of
these lists.
We are also making it easier for international students to stay
in Canada and work off campus. In this regard, we have granted
over 11,000 off campus work permits to international students.
These students are young and motivated and they have a good
feel for our country. Why not give them some Canadian work experience
and do our best to have them stay, after their student visas
have expired, to use their new skills knowledge in our country?
We will continue to explore other options in the future so as
to ensure our immigration policies and our programs continue
to make a contribution to Canada's prosperity.
To be perfectly clear, there is no doubt many undocumented workers
are hard-working people. We recognize there are no easy answers.
This is a serious issue, one involving families and children,
but it is not fair to allow some to jump the queue while others
who follow the rules have to wait in line. Those who are here
illegally have violated the values of fairness and respect for
the rule of law, which are not only the foundation of Canada's
Immigration and Refugee Protection Act, but the values that
are the very foundation of Canada.
To offer a moratorium would be patently unfair to the thousands
of people who seek to come to Canada every year and are prepared
to follow the rules. We have these rules for a reason and far
from the least of these is the need to assure the safety and
security of Canadians and our allies.
That is why everyone who applies to come to this country must
pass through a security and criminality check. They should recognize
that a moratorium on deportations would almost certainly encourage
foreign nationals to come to Canada illegally, safe in the knowledge
that if caught working in Canada without authorization, they
would be entitled to remain in the country.
To be sure, we are compassionate when it comes to specific situations.
We know there is a great diversity in the circumstances of undocumented
workers, including the reasons that left them without legal
status here in the first place.
The Immigration and Refugee Protection Act includes provisions
to address the issue of foreign nationals without status. For
instance, in exceptional circumstances, a foreign national living
in Canada without legal status may apply for permanent residence
on humanitarian and compassionate grounds.
That is what we do in Canada. We respect and apply the rule
of law so there is fairness, certainty and transparency in decisions
allowing people to come, to live and to work in Canada. We do
not pick and choose when the law should apply and when we should
look the other way. That is not the way to run a country or
an immigration system.
The proposal to suspend the removal of undocumented workers
and their families who pass security and criminality checks
is not the solution to the plight of undocumented workers in
Canada. The answer will be found in the context of Canada's
broad immigration policies, which are widely regarded to be
responsible, logical, humane and democratic, not in quick fixes
and knee-jerk reactions. We need to analyze the problem, look
at the situation, address what is happening in our country and
then approach it in a logical fashion. However, it must be fair,
it must be compassionate and it must allow those who respect
the process and choose to enter this country through that means
not to be hard done by.
We must therefore do what we now have commenced to do. We are
hearing from a broad perspective of individuals, stakeholders
and those who are interested, including those who have specific
representations on the ground. We want to see how this issue
can be addressed, how we can resolve what has happened to this
date. We want to have a system in place on a go-forward basis
that is fair and appropriate for all those who want to take
part in this great country of ours, all those who want to help
us grow our economy in Canada. We want to ensure the boom experienced
in construction and other areas continues to the prosperity
of all Canadians and those who come here on temporary or other
basis.
Ms. Olivia Chow:
Mr. Speaker, in the mid-1980s the government at that time introduced
a regularization program. The program worked this way. People
who had been in Canada for five years or more and who were working
and did not have a criminal record could apply to become landed
immigrants, which would qualify them and allow them to stay
in Canada.
During the period when the program was in place, thousands and
thousands of undocumented workers came forward. As a result,
they were able to stay in Canada legally. They are now law-abiding
citizens who pay taxes and contribute to Canada.
There is absolutely no reason why Canada should not reintroduce
a program of this nature. What barrier would the member see
that would cause the government not to have this kind of program,
which we have had several times in the past 20 years?
Mr. Ed Komarnicki:
Mr. Speaker, there is no question about it. A process needs
to be made available to those who choose to fill, in a legitimate
way, positions that need to be filled. The problem comes in
if we design a system to react to the demands the country has,
and then on the other hand say to those who wish not to go through
the process, but want to come in some other way, that they can
do that, and we will simply regularize them in the course of
time. It would certainly have a great pull for people who would
say that they do not necessarily need to come in through the
process but will come here in some other way.
I think it is important to say this. We must have a process
that is fair and equitable, a process that has an equal application
for all those who wish to fill a particular position. They all
should be allowed to go through that process as a group and
then be selected from that process. We should not have systems
designed that go outside or around that, or else why have a
process in the first place?
I can appreciate what the member has said in that there are
some compassionate reasons and grounds to consider for those
who may be in that position, but this is an opportunity for
the member and others who would like to propose solutions or
put their options forward to the committee. The committee will
be studying this issue comprehensively to see if there is a
manageable way to deal not only with this situation but with
what might happen on a going forward basis.
Hon. Maria Minna (Beaches—East York, Lib.):
Mr. Speaker, I understand the hon. member's comments with respect
to following a process and following protocol so that people
coming to Canada are actually following the existing process
and regulations and applying from their home countries. Everything
stays nice and neat. I understand that.
However, we also have the reality in this country that thousands
of people are in Canada who are undocumented, who are working
and providing for our economy, and who are filling jobs in areas
that are in crisis, such as the construction industry. We need
to address those issues.
Would the hon. member have a proposal as to how to fast track,
open up and change this system that actually prevented these
people from coming in before? Would he have a proposal to make
it more open and to allow in the skills the country needs, especially
in the construction industry, in a more effective and faster
way? They would certainly be needed.
In the meantime, we cannot ignore the human suffering and the
human reality, and the economic reality as well, of these undocumented
workers, most of whom have been here for decades. Most of them,
if not all, have children here and raise their children here.
Most of them, if not all, have businesses here and many of them,
but not all, pay taxes. Sending them back home at this point
would be undue hardship not only for them and their children,
but also for industry, especially the construction industry,
which is in crisis in its need of skilled workers.
It seems to me that we do not have deal with this in a one-sided
way. We can deal with the reality that we have in the country,
ensure that we have some humanity, and show that we are going
to address both the social and economic needs at the same time,
and then possibly begin to revamp the process, as the hon. member
mentioned. Can the member not at least consider that?
Mr. Ed Komarnicki:
Mr. Speaker, we do have a compassionate system in place. We
have a process for considering humanitarian, compassionate applications
in those unique circumstances.
However, we have designed programs and are continuing to have
programs to address the very issue the member raises, with programs
such as the temporary foreign workers program, the provincial
nominee program and a program known as CREWS, for example, the
construction recruitment external workers services. CREWS was
created with stakeholders in the construction industry to manage,
control and allow for the efficient processing by HRSDC and
CIC of applications for the entry of temporary foreign construction
workers. Certainly those are processes are in place to meet
the needs of the booming construction industry.
However, we also have a backlog that was created when the member's
party was in government. It has grown to 700,000 or 800,000
people who are applying legitimately through the system. If
she is saying we should now process someone in addition to or
ahead of them, what is she going to do with those who are in
the queue?
Certainly one can design programs, have an intake of applications
and have someone coming in the other way, but there needs to
be some integrity in the system. In that integrity of the system,
we have to design something that works for the stakeholders
and for those who are involved in the industry, and they must
work through that process.
Manitoba has used the provincial nominee program to a significant
degree, more than any others have, and it has done a good job
with that. The province of Saskatchewan has taken that initiative
and has opened up offices in Saskatoon and I believe in Regina
to deal with that. Similarly, the province of Ontario is being
encouraged to do that. The province of Alberta has undertaken
those types of processes that will allow it to meet those needs.
I would encourage us to use those legitimate types of vehicles
for addressing the situation and proceed with humanitarian and
compassionate grounds when we are looking at issues relating
to deportation or those who are here. However, at the same time,
we must do it in a measured way and with respect to the fact
that we must allow due process to take place.
Mr. Pat Martin (Winnipeg Centre, NDP):
Mr. Speaker, I listened to the hon. member's speech and I was
disappointed as I was thumbing through the dissenting opinion
to the fourth report that we are moving concurrence in today,
which was put forward by my colleague. I believe my colleague,
the parliamentary secretary, raised a number of objections that
would fly in the face of public opinion when it comes to the
treatment of the deportation of temporary or undocumented workers
in this country.
I am surprised at a lot of these arguments. I do not think his
party would be proud of some of the positions he has taken,
which to me border on intolerance. When we scratch the surface
just a little bit, there is very little business case we can
make for some of the objections raised. We all know about the
difficulty of deporting anybody from this country. Under the
current rules, frankly, only people who want to leave can actually
be kicked out. It is an enormously costly process.
However, in the situation of this incredible need and demand
for the work that is being offered by these undocumented workers,
what is the business case for deportation? If there is no business
case, what is the rationale?
The Acting Speaker (Mr. Royal Galipeau):
The hon. parliamentary secretary will want to know that he has
50 seconds to respond.
Mr. Ed Komarnicki:
Mr. Speaker, one can hardly respond adequately in 50 seconds
except to say that there are no massive deportations taking
place, but there are processes under way to legitimately address
areas of employment needs that can be met in a legitimate way
and where wages, working conditions and so on can be monitored
appropriately.
The member needs to understand that when a process is developed,
that process needs to be followed. It is a matter of the rule
of law. To have a report such as this one by the opposition,
of which he is a member, filed in this House without hearing
a shred of evidence is unconscionable. It is to make a decision
without taking any consequences into account.