1. Paradoxes of the Canadian Immigration System Salimah Valiani Community Undertaking Social Policy Fellow April 2010

2. 5 Paradoxes “paradox”: seemingly absurd statement or proposition that is in fact true > Something that is though it shouldn’t be

3. Paradox 1: Institutionalizing temporary migration Permanent migration as cornerstone of Canadian immigration policy 1946-1977: 2 waves of permanent migration  1940s-50s: European immigration, family reunification  1960s-1970s: Labour-force requirements and family reunification

4. Mid-1980s shift YearSkilled Workers Employment Authorizations 198063,74529,181 198538,45369,953 198976,350126,313 199746,22775,560 200052,92097,052

5. Early 21 st Century: Low birth rate: 1.5 children/woman Increasing retirements: 2 of every 3 job openings due to retirement rather than new job creation, 2007-2017 School-leavers and graduates account for major source of replacement labour, but immigrants the key source of new labour, and “skilled” labour  Net labour force growth by 2011

6. Moving beyond labour force growth… Economists project immigration to account for net population growth by 2031 (Denton, Feaver, Spencer: 1999) *** key assumptions: permanent migration and family reunification

7. Government Response Institutionalizing temporary migration instead of renewing permanent migration  Expansion of Temporary Foreign Worker Program  Beyond agriculture and live-in care sectors  Low Skilled Pilot Project (2002), Occupations Under Pressure (2006), Expedited LMO (2007)

8. Paradox 2 Jobs without rights for temporary migrants, rights without jobs for permanent migrants

9. Jobs without rights Temporary migrant workers have immediate access to labour market, but lack access to basic rights: >>protection under labour laws, mobility rights, family reunification, path to citizenship

10. Coercion and abuse: Alberta By January 2010 of fiscal year 2010, 74% of inspected employers of temporary migrant workers in violation of Alberta Employment Standards

11. Unpaid wages, unsafe working conditions June 2009: Alberta Employment Standards searching for 132 workers in China owed $3.1 million by Canadian Natural Resources Ltd.  Workers owed $25,000 in unpaid wages for 2007  Issue of unpaid wages revealed during investigation of 2 workers’ deaths due to storage tank collapse in April 2007

12. Rights without jobs for permanent migrants Internationally-trained workers with status have formal legal protections, mobility rights, family reunification, and path to citizenship - but face significant barriers to full employment >>result: impoverishment for families, inefficent use of skills and overall loss to Canadian society

13. Case Studies (St. Chris) Experiences of internationally trained workers in Canada since 1997 (change of points system): >lack of labour market information and supports leading to labour rights abuse, loss of savings, education without mobility >lack of childcare and deskilling of female internationally trained workers >unsuccessful attempts to integrate through volunteering leading to undervaluing of labour

14. Paradox 3 “Highly-skilled” temporary migrants entering Ontario while internationally trained permanent residents underemployed in the same fields.

15. Highlights by Occupation: Temporary Migrants, Ontario

16. Some statistics… 37% of internationally trained professionals in regulated fields are unemployed or employed outside their fields vs. 11% of domestically trained (Office of the Fairness Commissioner: 2010)

17. Engineers 2000-2005: 53, 614 internationally trained engineers entered Ontario as permanent residents yet…. Ontario employers permitted to hire and rehire over 2000 temporary migrant engineers, 2004-2008

18. Paradox 4: Canada Experience Class (2008) A new immigration program delaying permanent residency until after 12-24 months of work in Canada >> to assure that internationally trained workers and international students have “integrated successfully” before gaining status **based on employer stamp of approval

19. The numbers, 2010: 6000 applications for permanent residency under the Canada Experience Class Only 1774 international graduates and internationally trained workers accepted (2544 new permanent residents including dependents) >>significantly below the 10,000-25,500 retention rate projected by government

20. Carrot and Stick Workers endure precarious situation of being bound to employers due to promise of permanent residency after 12-24 months (carrot) Employers withhold stamp of “successful integration” forcing workers to renew temporary work permits (stick) >>Live-in Caregiver Program experience

21. Paradox 5 Criminalization and deportation of permanent residents committing minor offences, regardless of permanent resident status > Canadian citizens face conditional or suspended sentences for impaired driving, public misbehaviour… while permanent residents increasingly face deportation

22. Admissibility Hearings and Detention Reviews Program Part of IRPA, 2002 Tripling of expenditures on inquiries, detention reviews and admissibility hearings, fiscal 2000 - 2008 >>2000: $4, 349, 286 2008: $13, 754, 970

23. Paradox 5: Growing hierarchy of rights within multicultural Canada Based on legal status, place of origin, time of arrival in Canada > differential respect of labour rights of temporary migrant workers >differential respect of economic rights of internationally trained permanent residents >differential respect of rights of permanent residents committing minor offences

24. Recommendation 1 The option of permanent residency upon entry for internationally trained workers of all skill levels whose labour is required in Canada  Amendment of points system **employers not to have a role in determining eligibility

25. Recommendation 2 HRSDC, CIC and MTCU to fund and coordinate bridging and mentoring programs for internationally trained workers > bursaries for internationally trained workers to cover tuition, books, equipment **$8 million investment by Ontario Ministry of Training, Colleges and Universities will only cover 1800 workers over 19 months

26. Recommendation 3 Professional regulatory bodies to review rigid Canadian work experience requirements and begin recognizing work experience obtained outside Canada ** As per “Clearing the Path: Recommendations for Action in Ontario’s Professional Licensing System” (Office of the Fairness Commissioner, March 2010)

27. Targeted information and education campaigns by the Ontario government (i.e. Ministry of Citizenship and Immigration, and Ministry of Training, Colleges and Universities) to assist Ontario employers to understand, recognize and value international credentials and work experience

28. Recommendation 4 Incentives for employers to hire paid interns for workplace training. >tax credits ** benefit underemployed internationally trained workers and unemployed workers unable to access training through EI

29. Recommendation 5 National, public childcare program by the federal government as part of a national labour force development strategy. >to assure that all women wanting to work are able >other components to assure that all those unemployed and underemployed have access to training and education

30. Recommendation 6 Labour rights training for all new immigrants as part of settlement programs funded by Citizenship and Immigration Canada.

31. Employment Equity Legislation in Ontario Obliging employers to review employment practices and remove barriers to hiring, retention and promotion of workers of diverse origins >> comprehensive solution to making workplaces reflective of diversity in the population as a whole ***concrete step toward removing inequalities underlying the growing hierarchy of rights based on legal status, place of origin, time of arrival in Canada