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 26th 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.
FOR IMMEDIATE RELEASE
May 15, 2009
Contact:
Tristan A. Downe-Dewdney
Spokesperson
Canadian Caregivers Association
(416) 628-8388
Caregivers Association Disappointed by Bureaucracy
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,
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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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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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 21st 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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