Interview on Basics Radio, Bill C-49 – An Attack on Refugees

In this show, on the eve of the trial that may send Mumia Abu Jamal back to death row, we review his case, listen to some of his most recent radio commentaries, and play some musical tributes to the brother we all know to be innocent.
Also in this show, Radio Basics host Keerthy interviews Abimanyu Singam from the Tamil community on Bill C-49, the so-called “Human Smuggling” Bill that was introduced into Parliament on October 21, which many recognize to be an attack on refugees.

http://www.radio4all.net:8080/responder.php/download/46972/52851/67865/?url=http://www.radio4all.net/files/radiobasics@gmail.com/3604-1-Radio_Basics-101108.mp3

New refugee legislation misses the mark

By Lorne Waldman

Last week the Conservative government introduced its legislation to “crack down” on human smugglers. Given the balanced approach in the recently passed refugee reform bill, we had reason to hope that the government would present a fair package.

Unfortunately, the Prevent Human Smugglers from Abusing Canada’s Immigration System Act misses the mark. Instead of focusing on the real problem — the human smugglers who exploit people for a profit — it directs the reprisals at their victims — the refugees fleeing persecution.

The only aspect of the legislation that actually deals directly with human smugglers is the provision that introduces mandatory minimum sentences. While this might appear to be a tough response, studies have shown that mandatory minimums are not effective in deterring criminal activity.

This is true in the case of human smuggling because the perpetrators use proxies and never set foot in Canada. The bill makes it easier to convict people of human smuggling but in so doing it exposes people who innocently assist refugees to prosecution for human smuggling if they were “reckless” when they provided help.

Although the government has stated that this bill is a response to the two boatloads of Tamil refugee claimants, its language is broad enough to capture any group of two or more claimants who arrive together, be it by land, sea or air. Any such group can be designated by the minister as an “irregular arrival.” Given the ambiguity in this provision, the vast majority of refugees who come to Canada can be designated and subject to all of the sanctions.

Claimants who are designated as part of an irregular arrival are subject to immediate and mandatory detention without any possibility of review for 12 months. No exceptions are made for women or children, although the minister has the discretion to allow release in “exceptional circumstances.”

Such lengthy detention of refugees is unprecedented in Canadian law and may be considered arbitrary detention in breach of our Charter of Rights and Freedoms. Moreover, given the desperate choices most refugees face, such measures are unlikely to deter smuggling but instead will merely punish the refugees.

Designated claimants will lose many of the rights available to them under the UN refugee convention. The convention requires that once a country grants refugee status, it must provide the refugee with a travel document.

This new bill eliminates the right of designated refugees to get travel documents for five years. Although the measure was introduced to prevent refugees from returning home, it also denies them the right to travel anywhere, even for a legitimate reason. This provision is a violation of our obligations under the UN convention.

Designated claimants cannot apply for permanent residence for five years. This will impose immense hardship because it prevents refugees from settling by forcing them to continue to live in fear of being uprooted. Worse still, the measure denies them the right to apply to be reunited with their families during the five-year period and for years after.

Hidden in the legislation that is supposed to deal with smugglers are measures that will affect all non-citizens, not only those brought to Canada by human smugglers. The bill greatly expands the power of the government to detain non-citizens.

It requires that a person be detained while the minister investigates a suspicion that they might have committed a criminal offence outside of Canada. The scope of this provision is dangerous as it can even be applied against permanent residents who have lived in Canada for years.

The bill eliminates the right of appeal against some adverse decisions made by the Immigration and Refugee Board, a right that was afforded to refugees as part of the refugee reform package passed this summer.

This measure is being applied in all cases, even those where the person is not part of an irregular arrival. In so doing, the government is undermining the carefully crafted compromise that was reached with the opposition just months ago.

There is no doubt that people smuggling is a dangerous enterprise that puts the lives of refugees at risk. The best solutions are always those that deal with the root causes.

Canada has lost many opportunities to work with other Western countries to pressure the Sri Lankan government to find a real solution to the problems that have plagued that country for so many years.

And while most people would support legislation that is truly directed at human smuggling, this bill, which attacks the most vulnerable, the refugees, must be stopped.

Lorne Waldman is a Toronto lawyer specializing in immigration and refugee law.

Other resources: CCR Web:  anti-smuggling or anti-refugee?

Parliament resources:

First reading: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Docid=4708783&file=4

Debate in the house: http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=3&DocId=4731592#OOB-3426783

CTV British Columbia – ‘Ignorant’ refugee ruling could spark international incident: profs – CTV News

CTV British Columbia – ‘Ignorant’ refugee ruling could spark international incident: profs – CTV News.

Ontario’s Second Career Program – Any chance of an improvement?

Government of Ontario has been administering the Second Career Program – a program aimed at giving laid off workers a chance to learn a new trade or skills  – as part of the provincial-federal EI agreement for few years. In the wake of the economic downturn, Government of Ontario started promoting this SC program heavily through news media. In 2008 merely couple of thousand applicants applied for financial assistance to undertake the necessary training. However, increased lay offs and the absence of any viable alternatives pushed several thousand workers to change careers and thus to seek second career funding to obtain the necessary training.

Second Career financial assistance in 2009 encompassed financial support to a maximum of $28,000 to cover tuition fees, books, transportation, and basic living expenses (food, rent/mortgage, utilities). More than 25,000 people applied for SC financial assistance in 2009 and soon enough the government ran out of the allocated funds, especially because there was no proper process in place to evaluate applicants. Any body that wanted a training, as long as they could demonstrate they were laid off and was unemployed, received the funding. Increased public demand and an empty provincial coffers came to the logger heads at the end of 2009. Government of Ontario responded by publishing a new guideline aimed at stream lining the applications.

The new guideline stipulated eligibility and suitability criteria. A person was deemed eligible for SC financial assistance only if s/he had been laid off, was unemployed, and could demonstrate good occupational demand for the career training sought. In addition to demonstrating eligibility, an applicant had to also jump over the hurdle of suitability – determined based on 7 different criteria (duration of unemployment, duration of active job search, educational attainment, work history, labour market prospects, if the occupation required a licence/diploma, and occupational skills). A person needed to score a minimum of 16 out of a maximum 21 points to be considered suitable.

Government also published industries that they considered to be in decline and unless you could demonstrate that you were laid off from one such industries the chances of you getting SC were very unlikely. The industries that the government considered to be in decline or had a slow employment growth rate are: forestry and logging; manufactured mineral products; metal fabrication and machinery; motor vehicle, body, trailer & parts manufacturing; other manufacturing; paper manufacturing; printing and related support activities; rubber, plastics, and chemicals manufacturing; wholesale trade; and wood product manufacturing.  The difficulty with this list and what frustrates most applicants and individuals that want to apply for second career financial assistance is that although not disputing that these were some of the hard hit industries, it does not mean that the economic downturn was some how restricted only to these industries. Every sector felt the reverberations and that is why hundreds of thousands of people are still unemployed.

A change to this guideline is an urgent need if the SC program is to work for everybody in ON that is in need of a career change (and of course who could demonstrate rationale for such change both in labour market terms and in personal financial need terms).

Will the government respond?

Links:

What is Second Careeer – http://www.edu.gov.on.ca/eng/tcu/secondcareer/whatitis.html

COALITION TELLS HARPER: “NOW THAT YOU ARE BACK TO WORK, FIX EI TO HELP STILL UNEMPLOYED”

MEDIA RELEASE

For Immediate Release

Wednesday, March 3, 2010

COALITION TELLS HARPER: “NOW THAT YOU ARE BACK TO WORK,  FIX EI TO HELP STILL UNEMPLOYED”

Good Jobs for All Coalition sends a pre-Budget message to Harper: Fix Employment Insurance so unemployed workers can survive Canada’s economic crisis.

TORONTO – With unemployment rates in the Greater Toronto Area hovering at 9.5%, the Good Jobs for All Coalition is calling on Harper to fix employment insurance (EI) as part of the Federal Budget, set to be released on Thursday.

The tabling of the 2010 Federal Budget will be the Harper Government’s first order of business since proroguing Parliament two months ago. 

Despite skyrocketing unemployment, the Conservatives have merely tweaked Canada’s broken EI system.   In last fall’s Budget, the Conservatives extended EI benefit eligibility by five weeks for those who qualified, neglecting the high percentage of unemployed workers who are not eligible for EI at all.

Free legal hotline helps newcomers’Live person speaking their language’ helps immigrants know their rights, get referrals

Laurie Monsebraaten, Social Justice Reporter, Toronto Star, February 24, 2010

Ontario’s first multilingual legal rights support hotline has a message for newcomers and longtime residents alike: You have rights. You can get help. The knock at the door from the landlord or children’s aid; the unsafe workplace; the child in trouble with the law; the questions about immigration, refugee status or sponsoring a family member can cause fear, shame or confusion, says Community Legal Education Ontario (CLEO), which is launching the service Wednesday.

To read more: http://www.thestar.com/news/ontario/article/770474–free-legal-hotline-helps-newcomers