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September 16, 2022 - No. 15
Rights, Regularization, Status for All
• Governments Must Stop Exploitation and Humiliation of
International Students
– Philip Fernandez –
• Stop Deportations of Undocumented Workers!
Let Danilo De Leon Stay in Canada!
– Peggy Morton –
• Migrante Alberta Campaign to Stop Deportations and
Regularize All Undocumented Workers
• Migrant Farm Workers' Win at Ontario Human Rights Tribunal
Rights, Regularization, Status for All
All Out to Defend the Rights of All!
On the eve of the opening of the fall
session of Parliament, rallies and marches are called across the
country to demand equal rights and permanent resident status for all
undocumented people, migrant workers, visa students, their families and
refugees. The Trudeau government promised to introduce a regularization
program and activists are taking to the streets to insist it must
regularize the status of all, with no exceptions. They are opposing the
creation of a partial, small and exclusionary program that will
recognize some rights for a few and deny all rights to most.  The COVID-19 pandemic opened the eyes of Canadians to the injustices
faced by all migrants living in Canada. At the height of the pandemic,
migrants continued to perform essential work in hospitals, to care for
children and the elderly, and to grow and deliver food, all the while
facing ruthless exploitation, inadequate care and unsafe
working conditions. The demand is for equal rights for all by extending
permanent residence to the 1.7 million foreign workers, some 500,000 of
whom are undocumented.
The call Status for All! is fundamental to the defence of the
dignity and rights of all. Many have become undocumented over the years
through no fault of their own as a result of the abuse of all kinds
that they face. Abuse includes among other things arbitrary exclusion
of applicants who seek refugee status; the increased use of
temporary permits in study and work which makes them difficult to
renew; unscrupulous activities of employment agencies, recruiters and
consultants who misrepresent immigration options, mislead people and
force them to become undocumented. Others are simply not able to
navigate the complex immigration system without support, which can
be difficult and expensive to access.
Non-status people are part of communities; they are neighbours,
spouses, children, coworkers and caregivers. They experience insecure
housing, abuse at work, poverty and fear. To face the uncertainty about
the future, constant stress of making ends meet and risks of detention
and deportation negatively impacts their health and has a
psychological impact on the individuals and their families. It cannot
be tolerated in a society which calls itself a model of human rights.
Living without status means a constant battle has to be waged every
day, which requires tremendous resilience. To make existence so
difficult in a country that is endowed with so many resources amounts
to a call to action and to step up the fight for the rights of all.
Migrant rights' advocacy organizations point out that the
regularization of status by getting permanent resident status is the
most direct way for undocumented people to live a life of dignity and
safety. The demands of the migrant rights' advocacy organizations
deserve support. They call for a regularization program that is broad
and simple
with a clear and simple application process, that includes dependents,
spouses and immediate family members, that forbids exclusions based on
past failures or inadmissibility criteria, and prohibits detention or
deportations. Full regularization and status for all must be the aim of
the program.
There is one working class in this country. It is not divided on the
basis of the arbitrary categories the government establishes to
humiliate and criminalize applicants. To target vulnerable people in
the name of high ideals is an abuse which must be ended.
All Out for the Success of the National Day of Action for Rights,
Regularization and Status for All! 
Governments Must Stop Exploitation and
Humiliation of International Students
– Philip Fernandez –
Migrant students action at immigration headquarters in Toronto, April 23, 2022
With the new academic year underway at Canadian colleges and
universities, the abusive treatment and plight of international
students, who are now footing more than 40 per cent of the operating
costs of these institutions on average, come into sharp focus and
require addressing.
To put this in context, the Canadian Federation of Students reported
in April that over the last 20 years, federal funding to post-secondary
institutions has decreased by 40 per cent. Post-secondary
institutions have come to rely on international student fees to fill in
this gap.
In the ten-year period between 2011 and 2021, the number of
international students attending Canadian colleges and universities
increased from 239,000 to 621,000. The Trudeau Liberal government has
prioritized the recruitment of international students as one of the
main pillars of their
immigration policy, stating that international students bring skills and
knowledge which can benefit Canada. International students currently
contribute more than $21 billion annually to the Canadian economy.
 Private recruiters hired by Canadian colleges and universities and paid
on commission, paint a rosy picture of life and future prospects for
international students in Canada, dangling the prospect of citizenship,
as does the Canadian government. In this way, many students from India
and other places are enticed to come to Canada, Australia and other
countries to better their future and in so doing, enhance the security
and prosperity of their families.
Most of the students come from
poor families. For example, 80 per cent of international students
coming from the Punjab are from rural families who eke out an existence
on an average of 10 acres of land. These students make up a majority of
the more than 250,000 Indian study permit holders attending
post-secondary institutions in Canada and the largest cohort of
international students coming to Canada each year.
It is highly exploitative and unconscionable that international
students are required to pay up to six times the tuition fees that
Canadian students do for the same courses and instruction.
Post-secondary institutions are able to set these fees as high as they
want.
At the University of Toronto
for example, a Canadian undergraduate pays an average of $6,100 per
year, while for an international student the fees can be $54,000, or
higher, depending on the course.
Sarom Rho, an organizer with the rights group Migrant Workers
Alliance for Change which advocates for the rights of international
students, calls Canada's treatment of international students a "cash
grab that targets racialized, poor and working-class families around
the world." She also opposes what she calls the "bait and switch"
tactics used by the federal and provincial governments to recruit these
students, promising permanent residency and citizenship, but forcing
them to fend for themselves every step of the way once they have paid
their fees and secured their visa.
In addition to the high
tuition fees they have to pay, their problems are compounded by the
lack of affordable housing, health care and other social supports. This
along with exploitative working conditions and a limit of 20 hours of
paid work per week is simply not enough for the majority of
international students to meet their living expenses, save for their
tuition and send money home to support their parents. There have been
cases of young women students being trafficked into sexual slavery to
make ends meet.
These conditions for human trafficking and abuse created by the
Canadian state and its governments are the reason why more than 50
per cent of international students are facing mental health challenges.
It is also why, according to a recent article in the Globe
and Mail,
a funeral home in Brampton reports dealing with four to
five deaths a month of
international students, mainly from India. Most of these deaths are
suspected suicides or overdoses.
 Far
from accepting this state of affairs, international students are
fighting back. In the Greater Toronto Area, an organization called
Najuwan Support Network has recovered hundreds of thousands of dollars
in lost wages for international students who have been exploited by
restaurants and other
workplaces. Migrant Students United, part of the larger rights
organization Migrant Rights Network, holds militant information pickets
and rallies and is fighting for the rights of international students.
Their demands include the reduction of tuition fees, the requirement
for state supports such as
health care and housing, the removal of the 20-hour per week limit on
employment, and permanent status for all international students who
wish to stay in Canada, so that they can live with dignity, stability
and peace of mind.
Canadians do not want this abuse of international students to
continue and demand that these future citizens who contribute to
Canada from the moment they arrive here, be treated with respect and
not be subjected to humiliating, arbitrary treatment.
On
September 18, the Sunday before the resumption of the fall session of
Parliament on Tuesday, the day after the funeral of the Queen, the
Migrant Rights Network is organizing a national day of action "to
demand equal rights and permanent resident status for all undocumented
people, migrant workers, students, families and refugees." The
Marxist-Leninist Party of Canada calls on everyone to join in to make
the day a success!
Stop Deportations of Undocumented Workers!
Let Danilo De Leon Stay in Canada!
– Peggy Morton –
A removal order against Migrante Canada Chairperson Danilo De
Leon has been postponed as a result of actions across the country. In a
statement announcing the postponement of his deportation which was to
have taken place on August 29, Migrante Canada explained, "The removal
order has been postponed 'until the final determination of Danilo's
application for leave and judicial review of the Decision' by the
Federal Court in charge of Danilo's case." The threat of his
deportation still exists.
 Danilo
is a founding member of Migrante Alberta and has been an outspoken
advocate for migrant workers' rights in Alberta and in Canada. He is a
valued member of the community who has made an important contribution
in defence of the rights of all and as an advocate for the rights and
well-being
of migrant workers. He came to Canada in 2009 as a temporary foreign
worker to work for a cleaning service contracted by the University of
Alberta and has lived and worked in Edmonton since that time.
In 2010, he helped organize the "Justice for Janitors" campaign in
his workplace at the University of Alberta and helped to successfully
form a union. He has deep roots in the community and contributes in
many ways including as an essential worker, through his community
volunteer work and his
strong advocacy for migrants' rights. He has worked hard to support his
family with the hope that his daughters can join him and his family can
be reunited. Danilo's application to extend his open work permit was
refused in 2017, and with no status he, like thousands of other migrant
workers, faces
deportation.
Danilo has represented Migrante Canada in local, national, and
international initiatives advocating for the rights and welfare of
Filipino migrants.
"His life and experiences as a temporary foreign worker have enabled
him to speak on the struggles and lived experiences of vulnerable and
precarious migrant workers. This was captured in the Canadian
documentary The End of Immigration? which was released in 2012,"
Migrante points out.
The thousands of migrant workers in Canada who have become
undocumented have no path to permanent residency, little or no access
to government services such as health care, and are denied basic
rights. Immigration Minister Sean Fraser has stated that his intention
is to bring in a path to
permanent residency for migrant workers who have been living and
working in Canada for some time but nonetheless, Canada Border Services
Agency is stepping up its deportation of undocumented workers. This
must stop!
 Migrante Canada's position is that Danilo De Leon should be allowed
to stay in Canada
because he faces the serious threat of political persecution, arrest
and detention, harm to his
life and safety from the Philippine government, the military and the
national Task Force to
End Communist Armed Conflict (NTF-ELCAC) because of his activity in
Canada as a
migrant rights activist who has been outspoken about the
Philippines' poor human rights
record. The Philippines' Anti-Terrorism Act, signed
into law in June 2020, which has been
strongly criticized by local and international human rights groups,
could be applied to
Danilo's migrants rights' advocacy. The law also applies to
Filipinos living and working
abroad who are easily labelled as 'terrorists' for simply
speaking out about Filipino issues.
Danilo's strong advocacy for migrant workers' rights puts Danilo and
his family at grave risk,
making his deportation even more unconscionable.
Danilo has submitted a Pre-Removal Risk Assessment (PRRA) to
Immigration, Refugees and Citizenship Canada (IRCC). The IRCC website
states that the PRRA is used to make sure people are not removed to a
country where they would be in danger of torture, at risk of
persecution, or where there would a
risk to their life or of cruel and unusual treatment or punishment. All
these factors must be considered before removal takes place.[1] In the
face of state persecution and state-sanctioned extra-judicial killings
of rights activists in the Philippines, the responsibility of the
Canadian government
is clear, to make sure that this deportation does not take place.
Migrant workers are an integral part of the Canadian working class.
Their interests are courageously represented by organizations like
Migrante Canada and individuals like Danilo De Leon who fight for the
rights of all migrant workers, including those who are undocumented, to
permanent residency
status in Canada.
The Communist Party of Canada (Marxist-Leninist) calls on all
Canadians to raise their voices and to stand with the migrant workers
who are waging a militant fight in defence of rights. Call on the
Minister of Immigration to stop Danilo's deportation, end all
deportations, and provide permanent
residency to all undocumented workers on the basis of Status for All!
For information on how to support Migrante Canada's campaign to stop
the deportation of Danilo De Leon and other undocumented workers and
for a Regularization Program that will help provide permanent status to
all undocumented workers in Canada, click
here.
Note
1. When a PRRA application is successful, the applicant then
becomes a protected person and can apply for permanent residence. If
the application is rejected, the person must leave Canada. The person
can also ask the court for a temporary stay of removal. Unless a
temporary stay of removal is
granted, the person is required to leave Canada while the Court is
reviewing the decision.
Migrante
Alberta Campaign to Stop the
Deportations and Regularize All
Undocumented Workers
August 18, 2022, Edmonton press conference
Migrante Alberta held a press conference on August 18 followed by a
media release to bring to light that the deportation of
undocumented workers continues and to demand a regularization program
to provide undocumented workers with a path to permanent residency.
The text of the media release follows:
"Another Canadian child and her family face deportation this month,
despite federal government promises to move ahead with a Regularization
program to help undocumented migrant workers.
"Ricardo and Aurora Hernandez Macias and their three children,
including a two-year old daughter born in Canada, have been ordered to
leave by August 23.[1] The family fled Mexico in 2019 after being
threatened by a known Jalisco cartel, hoping to find refuge in Canada.
Since that time they have
been working hard to make a new life. Aurora has worked cleaning homes
and Ricardo has worked in construction. Their two older children have
been in school.
"This summer, their application for refugee status was refused, and
now they must leave. With threats to their lives still looming in
Mexico, the whole family is terrified to go back.
"Migrante Alberta is calling on the Canadian government to stop
deportations such as these until the promised new programs have been
developed, as a gesture of good faith to all those that will be taking
part in this regularization process.
"'Like the Macias family and especially their Canadian daughter
Renata, we need compassion
and a commitment from the Canadian government to regularize our
status and give us
permanent resident status,' says Danilo De Leon, Chairperson of
Migrante Canada, who
himself faces a deportation order later this month. [Danilo's
removal order was postponed by
the Canadian government following Canada-wide actions to 'Let
Danilo Stay in Canada' --
TML Ed. Note]. 'We need a Regularization Program
that is just and fair and includes everyone
regardless of how they immigrated to Canada.'
"Migrante Alberta has seen a fast track on deportations since COVID
restrictions have been lifted. The Macias family, like Danilo and many
other families, have chosen Canada in hopes to protect their families
from harm. The government is working on a Regularization program to
allow individuals
and families who have contributed to Canadian communities to be able to
access permanent status. But it also continues to deport hard working
migrants. The fate of some 1.7 million people living without permanent
status in Canada will depend on the Federal government's fulfilment of
their
commitments."
"Regularize all undocumented migrants!"
For more information visit the Migrante Alberta website.
Note
1. The Canadian government has not responded to the Macias family
and their removal order remains in place. Like thousands of others,
they face the "choice" of remaining in Canada as undocumented workers
or returning to their home country despite the danger they face. Their
plight underlines the
"choice" made by so many undocumented people who have used all their
resources, sold their belongings, and/or owe money to human traffickers
(known as recruiters) to come to Canada and start a new life.
Migrant Farm Workers' Win at Ontario
Human Rights Tribunal
On August 15, the Human Rights Tribunal of Ontario (HRTO) ruled in
favour of 54 migrant workers, most from the Caribbean, who brought a
complaint alleging the Ontario Provincial Police (OPP) racially
discriminated against them in carrying out its investigation of a
sexual assault in 2013. The
assault took place in Bayham, a small community in Elgin County in
southwestern Ontario. The HRTO's ruling is the first human rights case
of its kind in Canada to address allegations of racism, discrimination
and racial profiling by police against migrant farm workers.
 The
applicant in this case, Leon Logan, is a farm worker who, like the
other 53 workers, was brought to Canada on contract as part of the
Seasonal Agricultural Worker Program (SAWP). Logan alleged that the
manner in which the OPP conducted its investigation targeted him and
the other workers on
the basis of their colour, race and place of origin, which is a
violation of the Ontario Human Rights Code.
In their defence, the OPP claimed they did nothing wrong and that
the "DNA canvass was based on the description of the assailant as a
migrant farm worker, the proximity of migrant farm workers to the scene
of the crime, the urgency of the situation, and the voluntariness of
the DNA request."
The OPP conducted a "sweep," collecting
DNA evidence from close to 100 migrant workers working in the area.
Many of the workers felt compelled to cooperate with the police for
fear of losing their jobs. In fact, those workers who refused were told
by their employers
that their services would no longer be required the following season.
To provide context, in her ruling the HRTO adjudicator highlighted
how the SAWP program, established by the federal government in 1966 to
ensure a source of cheap labour for the agricultural sector of the
economy, has been an instrument of racist discrimination and abuse. The
exploitation of
these workers and their temporary status year after year, along with
their forced isolation from the communities they live in, criminalizes
and dehumanizes them.
Expert testimony provided by Dr. Jenna Hennebury of Wilfrid Laurier
University noted: "[M]igrant workers are tied to a single employer
under the SAWP and employers are empowered to fire and deport migrant
workers without reason at any time, creating a power imbalance in the
employment
relationship." She pointed out, "[M]ost SAWP workers are men from poor
households who often have low levels of education, are socially
isolated due to the structure of the SAWP, and face systemic barriers
in protecting their legal rights and accessing justice."
On the basis of the evidence presented by both parties, the HRTO
found that the OPP did no wrong in carrying out the DNA testing as an
investigative tool but the manner in which the collection was done --
including workers who clearly did not remotely resemble the description
of the assailant
provided by the victim -- was unacceptable and constitutes racism and
racial profiling. The ruling noted this was a serious problem of police
intimidation and targeting of the Black community in Canada.
While Mr. Logan sought damages of $30,000 as compensation for "his
inherent right to be free from discrimination and for his injury to
dignity, feelings and self-respect," the OPP proposed that the
compensation should be no higher than $2,000 which gives a clue as to
the outlook of the police.
The adjudicator found it "reasonable" based on the facts to award
$7,500.
The press release put out by Justicia for Migrant Workers following
the HRTO ruling notes that the parties have reached an agreement that
will create a pathway for the remaining 53 workers to receive the same
monetary award as Mr. Logan. The HRTO will conduct meetings at a later
date to discuss
"public interest remedies" that include the potential destruction of
the DNA data collected from the workers, as well as the need to ensure
that future investigations comply with Ontario's Human Rights Code.
TML congratulates Leon Logan and all the other workers on
their victory, and salutes their resolve and fighting spirit despite
facing great obstacles including police pressure and intimidation as
well as the risk of losing their livelihoods. Their lawyer Shane
Martinez observed: "While
this decision represents a landmark victory, it also reminds us of the
significant work that remains to be done to understand and combat
anti-Black racism and its impact on migrant farm workers across Canada.
The oppression and exploitation endured by tens of thousands of
racialized migrant farm
workers in this country is a shameful part of both Canadian history and
our present-day reality."
Chris Ramsaroop of Justicia for Migrant Workers added, "This is a
significant victory by a group of courageous workers whose strength in
numbers and a burning desire for change led to today's victory. These
workers fought and will continue to fight to end criminalization and
racist police
practices."
(To access articles individually click on the black headline.)
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