Petition to the Government of Ontario

This is a new petition we are getting signed to help the government of Ontario realize how urgent it is that they help caregivers with all aspects of the live-in caregiver program - not just one or two.

If you would like to be sent a PDF version of the petition to sign and return to us, please email us at info@cca-acaf.ca

If you have any comments you would like to make or to qualify your support, please post a reply to this blog entry below.

Prepared by the Canadian Caregivers Association440 Laurier Ave. West, Ste. 200, Ottawa, ON, K1R 7X6613.686.6218 | info@cca-acaf.ca | www.cca-acaf.ca

To the Legislative Assembly of Ontario:

We, the undersigned, residents of Ontario wish to draw the attention of the Assembly to the following:

THAT insufficient instruction is provided for employers of live-in caregivers concerning the rights of their employees and provincial labour standards – providing a high-risk environment for the participants of the LCP (Live-In Caregiver Program)

THAT caregivers are provided with minimal support services and have no authority to depend upon for consultations regarding their placements or for the on-site inspection of their living/working conditions – leaving the voluntary oversight of placement agents/agencies as the central provider of such aid

THAT no program exists for the temporary housing of live-in caregivers without a valid work permit escaping conditions of abuse or maltreatment – perpetuating the vulnerability of racialized women

THEREFORE, your petitioners call upon the Assembly to ensure that legislation aimed at improving the condition of live-in caregivers in Ontario take into consideration the afore mentioned concerns, and that all participants in the labour relationship (employees, employers, and intermediaries) be given due attention. Furthermore, we call upon the Assembly to introduce these protections in concert with legislation already in-development, so as to demonstrate its sincerity in providing effective solutions.

PLEASE SIGN BELOW (Please indicate the number of children, if appropriate)

I am a:  Current Live-In Caregiver  Past Live-In Caregiver  Present Live-In Caregiver Employer  Potential Live-In Caregiver Employer  Past Live-In Caregiver Employer  Family With ___ Children Date: ___/____/____ dd mm yy First Name: ____________________ Last Name: ____________________ Email: ____________________ Phone: ____________________ Address: ____________________ City: ____________________ Postal Code: ___________________ Signature: ______________________

Press Release: From July 30

FOR IMMEDIATE RELEASE

12:00 p.m. EST, July 29, 2009

Contact:

Canadian Caregivers Association

(613) 686-6218

Caregivers Call on Ontario Government for Urgent Change

TORONTO, ON – In response to the Government of Ontario’s recent consultations with stakeholder groups, caregivers are expressing their concerns that pending legislation may overlook their major concerns for the welfare of live-in caregivers in the province. Similar to Manitoba legislation to date, Ontario’s lawmakers have focused largely on the role of fees, while overlooking the needs of caregivers working in the province – needs that are extremely urgent and essential to the long-term protection of vulnerable temporary foreign workers.

Jintana L., an ex-caregiver and now permanent resident of Ontario was happy with the improved pay she received in Canada, versus the United States, but remains concerned that too much attention is being given to money, while support structures are severely lacking. “No one to came to see where I was living, to see if I had a proper room or to see that I wasn’t being abused. All there was were these bad websites and confusing laws. Only my agency was helping me. It can be scary not having a councilor. Now I hear the government wants to do something about fees overseas – but what about nannies that are here? I would gladly pay some money to feel secure that I have someone to help me.”

Regina D., another ex-caregiver from the LCG program shares Jintana’s opinion regarding the support she had. “There was so little support when I was a nanny. I don’t think they are changing this. I think they are not listening to the nannies that want to have someone to talk to – that want to be safe once they are in Canada and working for a family. Are they going to change this? My friends had such a hard time in the program. Sometimes they just wanted to give-up and go back to their home countries. I don’t think that this is going to change. Actually, I think there will just be fewer nannies this way, but maybe that is what they want.” Regina’s concerns highlight the province’s failings. American and European standards are far more stringent regarding counseling and oversight services. Ontario has fallen well behind any G7 Au Pair program in this regard.

Recent Ontario reforms have included the creation of a toll-free number for caregivers to call with major problems, but legislation introduced in the fall largely amounts to regulation around fees charged to potential caregivers overseas, and not a comprehensive protection regime to help those same caregivers once they are in Ontario and have far more immediate and significant concerns. Jintana, Regina, and thousands others are calling for Ontario’s inclusion of their input in its legislative agenda, as fees charged overseas have little bearing on the living and working conditions of the province.

The CCA is prepared to work with community, government, and industry partners on a non-profit basis to provide a wide range of services for caregivers living and working in Ontario, including consultations, job inspection, and maintaining records of abusive and faulty employment conditions.

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Testimony Video from Parliament: May 26 Hearing

This is from the CCA's presentation to the Standing Committee on Citizenship and Immigration - the advisory body made up of members of Parliament advising the government on policy.

Normal durations for hearings are 20 minutes. The CCA received over 1 hour of hearing time, including opening remarks and an extended Q&A session with the committee members.

You can watch the video here.

The MP's remarked on the neutrality and informative advice given. With luck, those suggestions will provide a basis for new legislation to better the Live-In Caregiver program in Canada.

With Project 2009 coming to a close, I am pleased to look back on a fruitful two months of activity. Who would have expected that the already sensational stories in the Toronto Star would explode into a political free-for-all?

 

Stories

The CCA heard from families and caregivers from all over Canada. Some had tragic cases of caregivers coming to Canada only to discover they did not have a genuine employer – forced to fend for themselves with their futures at risk. Other cases included sick caregivers fighting for a chance to get permanent residency. Still other stories emerged of dysfunctional relationships where employers took advantage of caregivers or the employee would lie to the family. All these cases underlined so many of the problems at the heart of the Live-In Caregiver Program.

 

 

Consultations

Getting in touch with peer groups, advocates, and experts proved to be a mixed experience.  While some non-profit organizations were difficult or impossible to get a hold of, others were proactive in their communications. The Kalayaan cultural community center was very hospitable, as were many representatives from organizations like the Canadian Association of Professional Immigration Consultants (CAPIC). Hearing from experts like Dr. Geraldine Pratt (UBC) provided excellent foundations for groundwork in the CCA’s studies.

 

 

Media

Media attention was paced during the beginning of the campaign. Trying to talk with outlets about program difficulties was, initially, difficult. At the beginning of May, more scandalous material emerged in the Toronto Star and there was an immediate uptake in media interest. While the attention was positive, much of it was directed to specific cases, and many articles, news spots, and blogs failed to discuss the causes of abuse and program failure.

The CCA press release noting that the delay Ruby Dhalla’s family had in getting paperwork for their caregivers was, in fact, common to families throughout Canada triggered many calls to the our office.

Our thanks goes out to all those media agencies who were interested in the larger issues, including Carolyn Jarvis (of Global News), CTV, the Winnipeg Free Press, CBC, the Globe and Mail, the Toronto Star and SUN Media.

 

 

Government

Ultimately, appearing at the Standing Committee on Citizenship and Immigration on May 26^th was a great occasion. Sharing what we have been hearing over the past months and years was wonderful. With the CCA’s testimony lasting just over an hour (20 minutes is not an atypical length), it was a marathon of information and discussion. All parties contributed to the discussion with a range of ideas. Ultimately, the CCA’s position was to push for ending abuse of caregivers and the system. This meant calling for reducing waiting times (so that caregivers are not stuck in a home and fearing for their long-term status), oversight (including a White List, licensing, and tracking employment records), and educating caregivers (to make sure they know their rights and to check up on their status regularly).

Meeting with MPs provided some excellent feedback prior to the hearing, as did MPPs in Ontario. Our initial meeting at the Ministry of Labour in April was an excellent litmus test for where bureaucrats were standing with their collective thoughts on legislation.

 

 

The Future

Given the attention given to the Live-In Caregiver program lately, I am optimistic about the future. There is a will to make changes. The question remains, will these changes be effective? Will there be a centralized processing center to expedite work permits? Will there be a stakeholders’ body to license and track agencies? Will caregivers be better educated in terms of their rights and receive the attention they need?

 

Only time will tell. We hope yes.

Press Release: From May 15

FOR IMMEDIATE RELEASE

May 15, 2009

 

Contact:

Tristan A. Downe-Dewdney

Spokesperson

Canadian Caregivers Association

(416) 628-8388

 

Caregivers Association Disappointed by Bureaucracy

TORONTO, ON – The Canadian Caregivers Association (CCA) is calling on the federal government to review the implementation of new paperwork requirements for families who wish to hire live-in caregivers. These new papers, the CCA argues, will bear little fruit in the way of protecting caregivers, while drawing out a process that already harms both families and those in their employ. The new paperwork may add between two and six additional weeks to a process that can already extend as long as fifteen to twenty-six months.

New document requirements from Service Canada obligate families hiring live-in caregivers to sign a new Attestation of Identity Authentication and a Live-in Caregiver Program Recruitment Efforts and Results report. These documents are designed to improve standards within the program and to ensure that local caregivers are given the chance to apply to jobs before those living abroad.

The CCA questions the need for these new measures. In the wake of recent media coverage, Canada has seen the reinstatement of advertizing requirements for families and the creation of additional paperwork. The question regarding whether these changes are needed, or appropriate, remains largely unanswered in the eyes of the CCA. Families that are already spending weeks to get their papers cleared in order to hire a live-in caregiver are now being faced with new advertizing requirements and additional papers. The long-established understanding of many groups has been that local demand for live-in caregiver positions is nearly non-existent. If this has changed, the government should disclose any new statistics relevant to their decision-making. A local supply of available live-in caregivers is rare if not non-existent in rural areas, for instance, and families in need are rarely able to assume the burden of extra time.

Furthermore, the CCA is concerned that unscrupulous agencies and individuals that exploit the program have demonstrated their willingness to falsify or manipulate information in the past – these same individuals may just as willfully doctor or misrepresent families on the new documents.

The CCA is calling for the creation of an oversight and licensing body that would maintain a ‘White List’ of reputable placement agencies to eliminate the limitations and failings of bureaucratic action to date. Additionally, the CCA believes that continually longer waiting times foster an environment of abuse for both families and caregivers, alike.

 

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Update: May 13

Recent media attention has been excellent. The Toronto Star's continued series has generated a lot of interest in the plight of caregivers. So, too, has the story of Ruby Dhalla.

It is unfortunate to see a public figure so quickly attacked when stories like these arise. Aside from the need for due process, the got'cha politics game very consistently overlooks systemic problems, opting for stories that are immediate and shocking. The CCA has been glad for each and every media agency that spoken with us about the root problems with Canada's live-in caregiver program.

Our special thanks goes out to CFRA 580 News Talk Radio, the Winnipeg Free Press, and Global Television.

Today's print coverage at CBC.ca and the Winnipeg Free Press

Press Release: From May 5

FOR IMMEDIATE RELEASE

5 May 2009

 

Contact:

Tristan A. Downe-Dewdney

Spokesperson

Canadian Caregivers Association

(416) 628-8388

 

MP's Story Underlines Crisis for Caregivers

TORONTO, ON - The encounter of Ruby Dhalla's family with the Live-In Caregiver (LCG) program has brought to attention serious concerns with the processing times of work permits for the LCG program. Regardless of who was responsible for hiring the caregivers that looked after Ms. Dhalla's mother, the issue that is at the root of the problem, says the CCA, is the matter of processing times for work permits.

Caregivers who change employers while in Canada, under the LCG program, are exposed to a number of complications. Nannies who leave a home can wait weeks or months before they receive the documentation. This situation can see nannies moving into the homes of new employers while their processing is in transition. They may start working early too, if they feel they need to secure the help of their employers or, in worse cases, at the direction of an employer who knowingly exploits the caregiver. The available information shows that the Dhalla family was struggling to ensure this process was followed on behalf of their caregivers.

This is a stress that is shared by families throughout Canada - especially families that often need to obtain live-in care for relatives in need immediately. Caregivers may feel that employers are not processing their applications, even when they are attempting to expedite the processing time by forwarding their information to the appropriate department for approval. Regardless of the specifics of any given case, these routine problems hurt caregivers and families alike.

Given these obstacles, the Dhalla family unfortunately was clearly a victim of the slow processing standards for work permits under the LCG Program.

The Canadian Caregivers Association (CCA) is calling for faster processing times, for caregivers abroad, who are coming to Canada, as well as those already in Canada. The creation of a processing center in Canada - similar to the skilled worker program's center in Nova Scotia - is the CCA's preferred option. Regardless of how this problem is resolved, however, the CCA stresses the importance of addressing waiting times to help families and caregivers alike.

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CCA Tweets!

For those following us, you may now keep track via Twitter.

CCA on Twitter

Press Release: From May 4

FOR IMMEDIATE RELEASE

12:00 p.m. EST, May 4, 2009

 

Contact:

Tristan A. Downe-Dewdney

Spokesperson

Canadian Caregivers Association

(416) 628-8388

 

Caregivers Association Calls for Enforcement

TORONTO, ON – To date, the Canadian Caregivers Association (CCA) is unaware of prosecutions or investigations launched in the wake of the Toronto Star’s articles on caregiver abuse in the Greater Toronto Area. The CCA is calling on officials to follow the leads and to prosecute those who contravene the Immigration and Refugee Protection Act.

The law states that counseling any person to misrepresent material facts relevant to the immigration act is guilty of an offense. Other offenses include withholding material facts that would induce an error in the administration of the act and misleading communications regarding immigration. The penalties can include fines as high as $100, 000 and prison terms as long as five years (Immigration and Refugee Protection Act, 126-128).

The CCA argues that existing laws must be upheld. While there is a real and pressing need for the live-in caregiver program to be updated with 21^st century legislation, the CCA’s position is that program participants need to see that authorities are committed to enforcing those laws.

Recent action on the part of the Ontario government, including the creation of a hotline, are promising signs of movement towards creating accountability and the CCA hopes that all means available will be explored to ensure that the program serves all parties involved legally, accountably, and sustainably.

 

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Press Release: From April 24

FOR IMMEDIATE RELEASE
12:00 p.m. EST, April 24, 2009
 
Contacts:
Katarina Onuschak
Canadian Association of Professional Immigration Consultants (CAPIC)
(416) 383-1856
 
Tristan A. Downe-Dewdney
Spokesperson
Canadian Caregivers Association
(416) 628-8388
 
 
United Front Calls for Input of Stakeholders in Caregiver Legislation 
 
TORONTO, ON The Canadian Association of Professional Immigration Consultants (CAPIC) and the Canadian Caregivers Association (CCA) have both called for improved standards within the Live-In Caregiver program for years. Now that change is coming, both groups have been alarmed at the absence of consultation. Details about the plans for the future of Bill 160 in Ontario, for example, have been few and far between.
 
CAPIC and the CCA, today, are calling on the Ontario and Federal governments to consult with stakeholders and the larger community before passing sweeping legislation that will affect all parties. Both organizations are united in calling for higher standards, but fear that limiting the scope of any new laws may not effectively target illegal practice and, furthermore, may even close down the companies that have been practicing responsibly for years.

The proposed Bill 160, in its current version, does not do enough to protect the foreign caregivers from abusive or negligent employers or exploitative recruiters, said Katarina Onuschak, licensed immigration consultant and a member of CAPIC. 
 
Proposals that the two organizations are calling for include a white list, rather than a black list, so that businesses do not have the option of rebranding or using proxies to escape oversight, as well as a reduction in waiting times at visa offices abroad. 

"A two-year delay in Manila can leave caregivers resorting to using agencies that produce fake employers, because genuine employers regularly reject the prospect of waiting 24 months for care they need immediately, commented on the current situation Tristan A. Downe-Dewdney, spokesperson of Canadian Caregiver Association. 

Both CAPIC and the CCA are making themselves available to legislators and continue to push for widespread consultation and newer, better solutions to the many problems in the Live-In Caregiver Program.

Technorati Profile

Press Release: From April 16

FOR IMMEDIATE RELEASE

12:00 p.m. EST, April 16, 2009

 

Contact:

Tristan A. Downe-Dewdney

Spokesperson

Canadian Caregivers Association

(416) 628-8388

 

Federal Procedures and Wait-Times Harm Caregivers

 

TORONTO, ON – Today, the CCA is calling upon the Federal Government to review the procedures of issuing and renewing work permits for Live-In Caregivers. The Live-In Caregiver program has been riddled, as of late, with stories of exploitation and abuse. Those who most often suffer are caregivers from the Philippines.

Caregivers in the Philippines who apply to the Canadian visa post in Manila for a work permit to come to Canada routinely wait as long as two years or more for their papers to be cleared. This waiting time makes hiring caregivers from the Philippines a non-option for the majority of Canadian families looking for a nanny. Consequently, businesses offering to bring caregivers to Canada with false employers, only to be left in the dark upon their arrival, are enjoying a massive competitive advantage. Those nannies who come to Canada this way are often dependent upon those same agencies for new, real employers, and frequently do not have a full understanding of their rights.

For caregivers already in Canada, changing employers can also represent a major procedural problem. Caregivers need to complete twenty-four months of full time work within three years in order to become eligible for permanent residency (PR). Processing times for new work permits can take up to four months or more, meaning that every change in employers wastes important time that caregivers need to secure PR. Parents that can no longer afford a caregiver, elderly clients who pass away, and nannies escaping abuse represent just a few reasons these changes need to be made. In search of obtaining permanent residency, many nannies are again exposed to exploitation when they are no longer able to leave an abusive environment for fear of losing the possibility to stay in Canada.

The CCA is calling for the creation of a processing unit similar to the Centralized Intake Office in Sydney, Nova Scotia that assists the federal skilled worker program with backlog. A similar office for the live-in caregiver program would provide expedited and standardized processing for work permits at Canadian Consulates abroad and within Canada – reducing their burdens and taking a major step to end the exploitation that flows from it. Simultaneously, an office of this kind would also provide employment opportunities domestically.

 

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Press Release: From April 20

FOR IMMEDIATE RELEASE

12:00 p.m. EST, April 20, 2009

Contact:

Tristan A. Downe-Dewdney

Spokesperson

Canadian Caregivers Association

(416) 628-8388

Caregivers Association Helps Nannies Recover Money

TORONTO, ON – In its continuing efforts to improve the Live-In Caregiver program in Canada, the Canadian Caregivers Association (CCA) is offering a hand to caregivers who have been subjected to expropriate and unlawful fees.

Starting today, April 20^th, through until May 8, 2009, the CCA is calling on all caregivers who feel that they may have been subject to illegal fees to contact them in order to obtain a refund. The CCA will ensure that involvement in this program will have no negative implication on the legal status of participants.

Caregivers in the community are more aware now than ever about the culture of exploitation that has emerged in some sectors, given recent stories in the media. Fees are illegally charged in provinces that ban placement costs and other charges are unlawful with regard to Canada-wide laws. Many caregivers may be eligible to get money back.

The CCA has received complaints from caregivers across Canada regarding high fees and questionable costs associated with their program. The CCA’s response aims to take advantage of the current environment of awareness, by finding common grievances and covering the costs of legal action to investigate and, if possible, to recover fees that were charged illegally.

The CCA’s continued efforts in Project 2009 – an initiative to curb abuses in the Live-In Caregiver program – are continuing to raise awareness and draw the attention of all levels of government.

Caregivers can send a confidential email to the CCA, via info@cca-acaf.ca. All names and contact information will be kept confidential.

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Press Release: From April 15

FOR IMMEDIATE RELEASE

12:00 p.m. EST, April 15, 2009

Contact:

Tristan A. Downe-Dewdney

Spokesperson

Canadian Caregivers Association

(416) 628-8388

Live-In Caregiver Program Benefits May Vanish

TORONTO, ON – Today, the Canadian Caregivers Association (CCA) is calling on the Ontario government to review Bill 160 – Caregiver and Foreign Worker Recruitment and Protection Act, 2009 – which has been introduced to offer foreign workers protection in the Live-In Caregiver (LIC) program.

“When we heard that the Ontario government was going to deal with the problem by year’s end, we had hoped they were going to engage the industry in some form of dialogue,” said Tristan Downe-Dewdney, Spokesperson for the CCA. “Many of the companies have had a lot of good ideas for some time now. They have been hoping to contribute to sustainable legislation”.

Bill 160 is providing for a major overhaul of the caregiver industry in Ontario, but has not included mechanisms for the participation of caregivers, agencies, or employers in crafting of legislation or the long-term oversight of the industry. Rather than the creation of a Director’s office under the sole oversight of the Province, the CCA is calling for a membership body at arms-length that will engage the wider community. Such a body would be able to establish clearer criteria for the operation of a placement business – criteria which are extremely limited in Bill 160.

The CCA is also calling for fee caps for the placement of caregivers in Canadian homes. The mitigation of family costs in the placement process, the CCA argues, is necessary, to some extent, to maintain the financial viability of the program in the long-run as an accessible childcare option for middle-class families, thereby also supporting caregivers abroad in their bid to come to Canada. Disreputable agencies have already demonstrated an ability to circumvent legal and ethical practices – a prohibition approach to fees could simply close business who conduct themselves fairly and eliminate the many jobs in Ontario dependent on their continuity. The transfer of all costs to families would further relegate the Live-In Caregiver program to the families of the super-rich at the cost of those less fortunate – in Canada and abroad.

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Press Release: From April 13

FOR IMMEDIATE RELEASE

12:00 p.m. EST, April 13, 2009

Contact:

Tristan A. Downe-Dewdney

Spokesperson

Canadian Caregivers Association

(416) 628-8388

Caregiver Industry Calls for Higher Standards

TORONTO, ON – Project 2009 - a new project from the caregiver industry - is calling on the Ontario and Federal governments to impose new standards for caregiver recruiting and placement agencies.

“What we need is an end of the race to the bottom approach that came with deregulation” said Tristan Downe-Dewdney, the Canadian Caregiver Association’s (CCA) spokesperson for their 2009 initiative. “Low standards hurt caregivers and they hurt the businesses that have been ethically conducting their operations”.

The CCA is calling for minimum standards and an industry review mechanism to ensure that an agency is up to code in order to operate. Their proposed ‘Whitelist’ is preferred over a blacklist, given the ability of agencies to rebrand and change ownership to avoid scrutiny.

In addition to investigations, the CCA is also calling for fee caps, warning that there needs to be a balance between expropriation and prohibition, so that compassionate businesses can continue to operate. The CCA welcomes the Ontario Government’s commitment to action and will be working with stakeholders to develop the sustainable made-in-Ontario solutions needed to raise standards and to pressure the Federal Government to take concrete steps to end exploitation.

The Canadian Caregivers Association is a Canada-wide association representing industry partners who support high standards, respecting caregiver and family rights. Founded in 2004, the CCA has pushed for industry reforms for the past 5 years. Project 2009 is a special initiative in response to the unique opportunities for change provided by recent media coverage of caregiver exploitation in the Greater Toronto Area.

Campaign 2009 Has Begun

Welcome to the Canadian Caregivers Association (CCA) blog for the 2009 Campaign for Industry Change! I am greatly pleased to have been brought onboard to the Canadian Caregivers Association to spearhead two months of action on behalf of caregivers and the caregiver industry.

The Toronto Star has once again demonstrated the importance of the investigative reporting that has long been at the heart of Canadian newspapers. Their coverage of the abuses within the caregiver industry is perhaps one of the greatest steps taken to date in improving the conditions of vulnerable caregivers - not only in Toronto, but throughout Canada.

Government action may very well be on the horizon. MPP Mike Colle has put forward an important bill in Ontario that has brought new attention to the legislative options available. While there is some pessimism regarding the private member's bill being passed, it is bringing the issue to light. Comments from the Minister of Immigration, Jason Kenney have also been positive indicators of change to come. Olivia Chow of the NDP has been adding pressure for action along with Liberal MP Jim Karygiannis.

The CCA has long pushed for legislative and industrial reforms as a representative of caregivers, families, and the industry. While caregivers are now being recognized as vulnerable we will show that low legal standards have also been a crippling blow to agencies who have elected to follow principles of proper conduct. Agencies recruiting internationally, with legitimate family employers, and without programs to exploit their caregivers have been placed at a competitive disadvantage by their unwillingness to join in the disgusting habits now being brought to light.

This blog will be updated over the next eight weeks with caregiver stories, important facts, and suggestions for how a holistic change can be made that will serve the interests of every community and, most importantly, put an end to the misery being suffered by vulnerable caregivers.