WORKING FOR A JUST IMMIGRATION LAW
By Pat Martin
MP for Winnipeg Centre
Report on the Immigration Act Bill C-11
The message from the community is clear. Canadians need a new immigration law that is visionary and in keeping with our proud tradition of welcoming newcomers from all over the globe. We need a major overhaul that addresses growing concerns about the plight of immigrants and refugees and promotes the need for immigration. Building strength from diversity and preserving Canada’s multicultural identity are as important as ever and must be at the core of our immigration and refugee policies.
Bill C-11 falls short of these objectives and fails to chart new directions based on openness to newcomers, human rights for all residents, and humanitarian treatment of refugees. While there are some positive features to the Bill, overall it is a major disappointment and a lost opportunity. It is preoccupied with keeping people out rather than reuniting families and building a nation.
Based on these shortcomings, the NDP proposed 80 amendments to try and improve Bill C-11. Only several were accepted and they pertained to recognition of foreign credentials, the need for a gender-based analysis, and an emphasis on respect for human rights. A few others helped pressure the government to make changes such as the deletion of all references to permanent residents as “foreign nationals”. However, in the final analysis, the bill was not substantially altered and serious concerns remain. They include:
Family Reunification: No immigration policy is more important than this one. Canada can no longer count on a constant stream of prospective immigrants knocking on our doors. We need to be competitive with other countries. Making it easier for immigrants to bring their extended families with them is an important step. Lifting heartless restrictions on visitors’ visas is also critical. Support from family is one of the best ways to help people feel at home and convince them to stay. The NDP proposed expanding the family class definition to include grandparents, sisters and brothers but this was defeated by one vote.
Ending the Head Tax: The right of landing fee delays family reunification and is an obstacle to people from less affluent countries. The government no longer collects this fee from refugees and it is time to phase it out for all immigrants. The NDP moved an amendment to eliminate the right of landing fee altogether and to remove the administrative or processing fees from refugees and persons granted entry on humanitarian grounds. Unfortunately, the motion was defeated but my colleagues and I in the NDP will continue to fight to change this.
Recognition of Foreign Credentials: Another serious concern is the failure of Bill C-11 to improve recognition of foreign credentials and experience, and to eliminate barriers to employment in regulated professions and trades. How many times have we heard about doctors who end up driving taxis, engineers delivering pizzas and nurses working as domestics? Fortunately, an NDP amendment to address this was passed. It adds a new section to the Act’s objectives which states “to secure better recognition of the foreign credentials of new Canadians and their more rapid integration into society”. This is a beginning in convincing the federal government to work in cooperation with the provinces to facilitate recognition of immigrants’ occupational qualifications.
Rights for Caregivers: It is critical that the Live-in Caregiver Program be replaced and that the skills of caregiver workers be justly recognized. One of the few routes open to many women to immigrate to Canada, the Live-in Caregiver Program is open to abuse and human rights violations. We need only look at the recent ordeal of Melca Salvador to understand how urgently this program needs to be changed. The NDP tried to have Bill C-11 amended to ensure recognition for domestic caregivers’ skills and their admission to Canada as permanent residents. This motion was defeated at committee but our work on this will continue.
Other areas of Bill C-11 that New Democrats tried to improve are too numerous to list. They included better provisions for the treatment of children, for appeals and the processing of applications, for enforcing our international commitments and for making decisions more accountable to Parliament.
Needless to say, our pursuit of fair and just immigration policies must continue. I look forward to working with ethnocultural communities, immigration advocates, refugee sponsors and concerned citizens to address the changes still needed. While Bill C-11 misses the mark, we must look for other opportunities to accomplish what is so necessary. Our commitment to one another, our history as a welcoming nation and our humanitarian ideals provide the basis for continued action and a vision for the future.
