Author: Hussan

Toronto, July 30, 2020 — Migrant farmworker, Luis Gabriel Flores Flores, who was fired for speaking to journalists after testing positive for COVID-19, calls on the Minister of Immigration Marco Mendicino today to demand immigration status for all. 

Reading from a letter he had written, Mr Flores said, “What happened to me is what happens to migrants when we try to defend their rights. We have been subjected to a system of temporary immigration where if we stand up for ourselves, we are deported. Today, I am here to say to you that I am not afraid. That I deserve dignity. That all of us deserve dignity. That is why we need permanent resident status now, so workers can have the power to protect ourselves. Our health, our well-being, our families, and our lives depend on it.” See Mr Flores’ full letter to the Minister of Immigration here. 

Mr Flores first came to Canada in 2014, and is a father of 2 children from Mexico. In 2020, he came to work at Scotlynn Farms. He tested positive for COVID-19 and was quarantined. During that time he spoke to journalists about the poor living conditions and mistreatment at Scotlynn Farms. On June 20th, Juan López Chaparro, who also worked at Scotlynn farm and lived with Mr Flores, died from COVID-19. The following day, Mr Flores was fired by Mr Robert Biddle Jr., founder of Scotlynn Farms.

“For years, we have called on the federal government to stop tipping the scales against migrant workers, to stop giving employers complete control over workers’ lives. All migrants must have the power to protect themselves, to speak up, to leave abusive and dangerous situations, and that means full immigration status for all is essential,” says Syed Hussan, Executive Director of Migrant Workers Alliance for Change. “The federal government needs to send a signal to migrant and undocumented people across the country today that what happened to Mr Flores will not be tolerated, and that migrants who speak out will be protected.”

Over 1,100 migrant farmworkers in Ontario have been infected with COVID-19 because of their housing and working conditions. One in 23 people (over 1.6 million people) in Canada are migrants, refugees, or undocumented. They are unable to access essential services, assert basic rights or access emergency support. Employer reprisals against them are common.

Over 10,000 people have signed a petition calling for permanent resident status for all and other protections for migrants: https://migrantrights.ca/covid19/. A visual petition of over 200 migrant workers calling for status was recently posted on Prime Minister Trudeau’s office: https://twitter.com/MWACCanada/status/1284122949549785093. 

Timeline of Reprisals Against Mr Flores

• Mr Flores came to Canada on April 18, 2020, and was in quarantine for two weeks at a hotel. 
• He started work at Scotlynn Farms in Norfolk, Ontario, where housing and working conditions were very poor. It was impossible for workers to physically distance, workers had no Personal Protective Equipment (PPE), and they were not allowed to rest. 
• A couple of weeks later several of Mr Flores’s colleagues started showing COVID-19 symptoms. Mr Flores and others repeatedly requested medical attention for them. 
• They were told by supervisors that information had been shared with management but no medical attention was provided and no testing was done. 
• Eventually workers got so sick, that one of Mr Flores’s colleagues called a contact off the farm to send an ambulance. 
• As a result, testing finally occurred at the end of May and nearly 200 workers at the farm tested positive, including Mr Flores. 
• While in quarantine, Mr Flores shared the story of labour exploitation and sub-standard housing with Globe & Mail on June 10, 2020 and Toronto Star on June 13, 2020 in tandem with a report released by the Migrant Workers Alliance for Change (MWAC). He was one of several workers who spoke out. The press conference of the report received coverage on CTV, Global, CBC, Toronto Star, Globe and Mail and many other outlets. 
  • The report is accessible at www.MigrantWorkersAlliance.org/UnheededWarnings 
• At 11pm on June 20, 2020, Mr Flores and other farmworkers were informed that his roommate Mr Juan Lopez Chaparro had died of COVID-19. 
• Mr Flores spoke up at that time to supervisors, demanding an explanation from the employer and that the farm take responsibility for what happened. 
• At 11:00 a.m. on June 21, 2020, Mr. Robert Biddle Jr., founder of Scotlynn Farms, arrived at Mr. Flores’ bunkhouse apartment unit. Mr Biddle showed Mr Flores an image of a video from a press conference by MWAC which featured Mr Flores’ colleague. He told Mr Flores that he would be sent back to Mexico first thing the next morning. Mr Flores insisted that he was not the person in the video. See Mr Biddle’s photo here. 
• Mr Biddle left and a foreman reiterated the employer’s decision, and informed Mr Flores that the employer was looking for three other workers they suspected of speaking to the press. 
• Mr Flores left the farm, and has been housed by a supporter in coordination with Migrant Workers Alliance for Change.
• On July 30, 2020, Mr Flores filed an anti-reprisals claim to the Ontario Ministry of Labour for $40,401.35 (the maximum possible under existing laws), and visited the office of Federal Immigration Minister Marco Mendicino to call for full and permanent immigration status for all.
• Mr Flores remains in Canada, on a tied work permit that only allows him to work for Scotlynn, which is set to expire on November 30th. He has no permanent housing, or permanent income and is concerned about how he will support his family back home. 

Media Contact: Syed Hussan, Executive Director, Migrant Workers Alliance for Change416-453-3632, hussan@migrantworkersalliance.org

The following is a letter sent to CBC Ombudsperson. You can send a complaint also through: https://cbc.radio-canada.ca/en/ombudsman/contact

CBC 5th Estate Documentary – Passport babies: The growing shadow industry of birth tourism is inaccurate, unfair, imbalanced and puts migrants at risk

We are writing to you regarding the recent CBC 5th Estate’s documentary titled Passport babies: The growing shadow industry of birth tourism broadcast on January 5, 2020, and accompanying CBC web articles. This letter is co-signed by 30 immigrant rights, labour, research and indigenous rights organizations. 

The documentary and the accompanying articles fail to meet even the most minimal standards for fairness and accuracy in reporting. The program provides a biased version of events, and does not include any immigration rights expert voices. In the current climate of rising xenophobia and racism, this kind of misinformation only increases the  risk of violence and hatred toward migrants and their families.

(1) Accuracy

The program repeatedly reiterates that there are 5,000 non-resident births per year in Canada, and directly links that number to births by tourists. This number has only been cited in one report by Policy Options from November 22, 2018. However, in that study, the report author Mr. Griffith highlights that the 5,000 figure includes all migrants in Canada that do not have health coverage – not just tourists. This fact is not mentioned in the 5th Estate’s report at all. Over 780,000 temporary permits were issued during the period of Mr. Griffith’s study. In addition, there are an estimated  500,000 undocumented residents in Canada. Births by any migrants who did not have medical coverage are counted in the 5,000 figure. Thus, births by tourists are likely dramatically lower than what 5th Estate states them to be.

(2) Fairness

The 5th Estate episode, as well as the accompanying CBC piece titled ‘All about the money’: How women travelling to Canada to give birth could strain the health-care system, posit that lack of fee payment by tourist mothers is hurting the integrity of the healthcare system. The statistics provided, as outlined above, are not limited to tourists but include all non-payment of health fees by migrants. Many migrants are excluded from health coverage because of their temporary permits. Many are unable to pay up front the high fees necessary for life-saving care, putting their lives at risk. In July of 2019, the United Nations urged Canada to change legislation to ensure access to healthcare to all residents. This is critical context about the systemic denial of healthcare to migrants which, when left out, negatively biases viewers towards the reality of healthcare access for migrants. 

The show highlights that hospitals and doctors are collecting high fees from patients – $18 million invoiced, and only $2 million not paid. Considering non-payment of fees here includes all migrants, it is important to clarify that 42.9% of non-permanent residents in Canada are low-income, and thus are unable to afford such high fees. And yet the CBC reports the numbers as if they are simply rich tourists accessing services and refusing to pay. 

At the same time, front line nurses in the show itself point out how increased profit by hospitals is not resulting in increased staffing. But the production and editing of the show, including corresponding questions to hospital authorities and government officials, lays the blame for the strains on the health care system on fee non-payment by migrants, instead of inadequate staffing support and low government funding for front line workers, particularly nurses. 

(3) Balance

The show features several voices, including US President Donald Trump and Canadian parliamentarians, all speaking out against “birth tourism”. No immigration rights organizations, experts or lawyers are featured that could provide nuance or alternative interpretations of the statistics cited, , or shed light on the impact that high healthcare fees have on migrants, or to outline policy alternatives  developed by migration policy experts, for example, on the regulation of international recruiters – a subject of extensive policy and legislative work by immigrant rights organizations. 

(4) Impact on migrants

Police-reported hate crimes in Canada have been surging, a fact highlighted in the accompanying 5th Estate documentary aired on the same date. This rise in hate crimes is a direct result of growing anti-immigrant sentiment, analyses and rhetoric. In such an environment, producing inaccurate, unfair, and unbalanced media reports serves only to fan these flames of xenophobia and racism by redirecting concerns about lack of funding for healthcare towards immigrants.  This is dog-whistle politics, and it has a direct and harmful effect on hundreds of thousands individuals and families, and biases policy makers. 

We urge you to investigate the documentary, and accompanying web-stories closely, and to issue retractions and clarifications, and to ensure such inaccurate and biased reports on immigration policy are not aired in the future. 

On behalf of:

1. Migrant Workers Alliance for Change*
2. OCASI-Ontario Council of Agencies Serving Immigrants
3. Idle No More
4. Association for the Rights of Household and Farm Workers (ADDPD-ARHW)
5. Butterfly (Asian and Migrant Sex Workers Support Network
6. BC Health Coalition
7. Caregiver Connections Education and Support Organization
8. Caring for Social Justice collective
9. Chinese Canadian National Council Toronto Chapter
10. Collaborative Network to End Exploitation
11. CUPE 1571
12. Durham Region Labour Council 
13. Faraday Law
14. Idle No More Ontario
15. Institut universitaire SHERPA: migration, diversité, santé
16. Migrant Worker Solidarity Network, Manitoba
17. Migrant Workers Centre – BC
18. Migrante Alberta
19. Migrante BC
20. Montréal Antifasciste
21. No One is Illegal – Halifax: K’jipuktuk
22. No One Is Illegal Toronto
23. No One Is Illegal – Fredericton
24. Northumberland Labour Council
25. Ontario Coalition Against Poverty
26. Sanctuary Health
27. Toronto Seed Library
28. Unifor Local 222
29. Vancouver Committee for Domestic Workers and Caregivers Rights (CDWCR)
30. Workers Action Centre
    

* The Migrant Workers Alliance for Change (MWAC) includes individuals as well as Asian Community Aids Services, Butterfly (Asian and Migrant Sex Workers Support), Caregiver Connections Education and Support Organization, Caregivers Action Centre, Chinese Canadian National Council – Toronto, Durham Region Migrant Solidarity Network, FCJ Refugee House, GABRIELA Ontario, IAVGO Community Legal Clinic, Income Security Advocacy Centre, Migrante Ontario, No One Is Illegal – Toronto, Northumberland Community Legal Centre, OCASI – Ontario Council of Agencies Serving Immigrants, OHIP For All, PCLS Community Legal Clinic, SALCO Community Legal Clinic, Students Against Migrant Exploitation, UFCW, UNIFOR, Workers’ Action Centre and Workers United.

DOWNLOAD OUR POLICY POSITION HERE.

There are a number of issues of key concern to migrant workers and their support organizations across Canada at this moment. These include:

1. Employment and Social Development Canada proposals for an occupation specific work permit;
2. Interim Pathway for Caregivers, set to expire on June 4th, 2019;
3. Proposal for the creation of permanent residency pilot program for non-seasonal agricultural workers and a permanent residency program for Caregivers; and
4. Regulations for the creation of an Open Work Permit Program for temporary foreign workers at risk of abuse.

For migrant workers at the receiving end of these programs and proposals, these issues are interconnected. To engage in separate consultations on each matter, and only speak to a part of an issue rather than the whole further fragments the ability of migrant workers to give meaningful input. For these reasons, we are submitting one document that addresses all four issues.

As elaborated below, migrant workers in Canada continue to demand:

1. Permanent resident status on arrival for all migrant workers in Canada through the creation of a Federal Workers Program for care workers, and in consultation with migrant workers in other streams;
2. In the interim, creation of open or occupation specific work permits that are not reliant on employers that would allow workers to move freely between jobs and workplaces and work for any employer in a sector;
3. The extension and then grandparenting of the Interim Pathway for care workers to ensure that no worker is left behind;
4. Immediate implementation of an Open Work Permit Program for workers facing risk of abuse or being abused.

In this policy memo, the Migrant Workers Alliance for Change*, Association for the Rights of Household & Farm Workers (ARHW)- Montreal, Caregiver Connections Education and Support Organization (CCESO) – Toronto, Caregivers Action Centre – Toronto, Cooper Institute – PEI, FCJ Refugee Centre – Toronto, Immigrant Workers Centre (IWC) Montreal, Income Security Advocacy Centre – Toronto, Migrant Worker Solidarity Network – Manitoba, Migrant Workers Centre (BC), Migrante Alberta, Migrante BC, Migrante Canada, Migrante Manitoba, Migrante Ontario, Migrante Ottawa, Migrante Quebec, Migrants Resource Centre Canada – Toronto, PINAY – Quebec, RAMA – Okanagan, Sanctuary Health – Vancouver and Vancouver Committee for Domestic Workers and Caregivers Rights (CDWCR) propose a joint position on all these matters.

* The Migrant Workers Alliance for Change includes individuals as well as Asian Community Aids Services, Butterfly (Asian and Migrant Sex Workers Support), Caregiver Connections Education and Support Organization, Caregivers Action Centre, Durham Region Migrant Solidarity Network, FCJ Refugee House, GABRIELA Ontario, IAVGO Community Legal Clinic, Income Security Advocacy Centre, Migrante Ontario, No One Is Illegal – Toronto, Northumberland Community Legal Centre, OCASI – Ontario Council of Agencies Serving Immigrants, OHIP For All, PCLS Community Legal Clinic, SALCO Community Legal Clinic, Students Against Migrant Exploitation, UFCW, UNIFOR, Workers Action Centre and Workers United.  

DOWNLOAD OUR POLICY POSITION HERE. 

On Friday, December 15th, the Federal Government proposed in the Canada Gazette the creation of an Open Work Permit Program for Workers Facing Abuse or Risk of Abuse. This Open Permit is in line with our proposed permits and are a step in the right direction. Click here to see our original submissions calling for this permit in December 2017.

The Migrant Workers Alliance for Change has made specific submissions on ways to ensure that the proposed Open Work Permits actually ensure migrant worker protections – Read them here. 

The proposed regulatory changes are promising in terms of interim protections for migrant workers as we continue our call for a system of permanent resident status on landing for low-waged migrants. However, they can and must be strengthened. Current gaps include:

• Wide range of discretionary powers for the officers to define abuse, determine the length of permits or to issue the permit at all, and lack of a robust appeals process to maintain a check on these powers;
• Lack of specific provisions for Care Workers who need to complete 24 months of service within 48 months and need the work experience on these permits to be counted; and lack of protections from blacklisting for Seasonal Agricultural Workers;
• Lack of guaranteed access to healthcare; and
• Lack of specific investigative mechanisms to ensure workers are compensated for harms.

Take Action Now! Send a letter to the Federal Government right now calling for changes. Use this template letter to draft your own submissions.  Please share this with your colleagues.

DOWNLOAD THE FULL JOINT SUBMISSIONS
DOWNLOAD A SAMPLE LETTER, ADD YOUR NAME / ORGANIZATION AND EMAIL IT IN

A century of experience has demonstrated that caregiving labour is an ongoing permanent need in the economy. More than 60 years of caregivers’ experience with temporary labour migration to Canada has demonstrated consistent, well-documented, widespread problems of exploitation and abuse by employers and recruiters. Repeated reviews by Parliamentary Committees (most recently the 2016 HUMA Committee hearings), as well as academic and community-based research have demonstrated that this exploitation is rooted in the vulnerability that is created by the terms of Canada’s temporary labour migration program itself.

In addition, caregivers over the past four decades of the program have suffered from the ‘two-step’ immigration system that requires them to finish their employment contracts before being allowed to apply for permanent residency. This has led to profoundly damaging and lasting impacts on the physical and mental health of caregivers and their families. Years of family separation can cause intergenerational conflicts between caregivers and their children as well as family breakdown.

The time has come to make real, meaningful reforms that ensure decent work and security in this core area of the labour market. Caregivers are united in demanding:

1.  A comprehensive and transparent consultation process to reform the Caregiver Program.
2.  A new Federal Workers Program – Caregiver Stream that provides caregivers with permanent status on entry and family unity.
3. Reforms to protect caregivers who are already in Canada and in the backlog to ensure that no one is left behind.

These interim reforms will involve allowing caregivers to come to Canada with their families; eliminating the backlog in caregivers’ permanent residency applications; removing the ‘excessive demand’ provision in the Immigration and Refugee Protection Act (IRPA); regularizing the status of caregivers who have become undocumented; developing immigration criteria that are consistent with what is needed to do the job; and putting an end to the second medical and to excessive educational and language requirements re-introduced in 2014. We particularly urge the creation of an open work permit program as an interim measure.