During the days of
the Soviet Union’s “show trials”, Joseph’s Stalin’s chief litigator was Andrei
Wyszynski. (As an aside, Andrei was the first cousin of Cardinal Stefan Wyszynski,
Chief Primate of Poland and mentor to Pope John Paul 2).
Andrei’s claim to judicial
fame was that the entire trial was fixed before he went in front the judge. The
judge was pre selected. The evidence was pre approved. All the necessary
“confessions” had been pre extorted. The Kremlin applauded the orchestrated
verdict.
Fast forward to 2015
and Ottawa’s Department of Justice using Federal Court Rule 369 to avoid
appearing in front of a judge in open court.
Not even Andrei
Wyszynski could imagine the state crossing the line in authorizing itself to avoid
the messy awkwardness of presenting evidence in a court room.
Her
Majesty should not be amused."
Richard Boraks, Jan 28, 2015
Monday, January 26, 2015
Comment:
"Reality or Illusion?
The Employer’s and Foreign Worker’s Fear of Immigration
Enforcement
As government has
firmly closed the front door for employers wanting to hire legal skilled worker immigrants, it has opened up the roof and
kicked in the back wall for illegal workers.
The illegals are
streaming into Toronto. Government encouragement of illegal immigration in Toronto
has reached historic levels.
I have given up
trying to rationalize government’s unflagging support of mass illegal
immigration. The lunatics are clearly running the asylum.
In any event, I
regularly receive phone calls from skilled worker employers and foreign workers
expressing confusion over the apparent disconnect between immigration rules and
immigration enforcement. On the one hand, the community has been told that
foreign workers need work permits and SIN numbers. On the other hand, they see
hundreds of thousands of their neighbors working gainfully without a work
permit or SIN.
Perhaps the most asked
question in the Toronto trades is:
If “legal” immigration is so
tough, then how do several hundred thousands of our undocumented neighbors in
Toronto arrange their lives... specifically …
How do they work without a
valid Social insurance number?
How do they do their
banking without a valid Social insurance number?
How do they get their kids
into school?
How do they join a union?
How about their medical
care?
How do they avoid arrest?
How did they get into the
country in the first place?
The answer to the
above question is both simple and complex.
The simplicity
revolves around Ottawa realizing that a committed drive to arrest even ten
percent of the illegal workers would grind the GTHA’s economy to a halt. Thus,
Ottawa covers up its skilled worker policy fiasco by starving CBSA of the
resources required to bring a modicum of integrity to the immigration process.
(One can well understand the
frustration of the GTHA’s well trained CBSA immigration staff... they are not
allowed to deport foreign born terrorists... they are not allowed to be
proactive with illegal workers... they have no respect for their Ottawa bosses’
obsession with “customs” issues. Maybe its time to give Immigration back its
control over enforcement )
The complexity revolves
around the law.
In principle:
No one is allowed to “counsel , induce, aid or abet” any visitor
in Canada to work illegally, go to school illegally or to over stay
Meanwhile:
The law specifically does NOT
require employers to ask for SIN cards or work permits when offering
employment
The law does NOT oblige banks , provincial licensing officers,
private insurers , unions or anybody else to ask for SIN numbers or work permits
when providing benefit to an applicant
Visitors to Canada are allowed to have “dual intent”. This means
that they are allowed to be both visitors
and potential immigrant applicants
In some instances, the province and some municipalities (Toronto
& Hamilton ) are obliged to
provide education and health services without regard to documentation
Going Forward
In order to ensure
that my clients not cross the line into illegal behavior, I will take some time
over the next few weeks and detail the many instances which should not be
ignored when assessing if an employer or worker is open to immigration
enforcement."
Richard Boraks, January 26, 2015
Tuesday, January 20, 2015
Comment:
Rule 369
If Ottawa controlled parking
tickets
Can you imagine if
Ottawa was in the business of prosecuting parking tickets?
Ottawa could chose
to run traffic court with no courtroom, no witnesses, no judges listening to
any evidence. There would be no audience in the courtroom. There would be no press.
Not even the parties or their lawyers would be allowed into the room.
Ottawa would use its
Federal Court Rule 369 to make sure that justice would be achieved by lawyers
sending paperwork to a judge. The judge would be on his own to do whatever it
is that judges do when they are alone.
And remember, all
this secrecy is not there to protect national security or private , privileged
information … it is about parking tickets…or immigration visas, language policies and work permits.
If you think that
the above is a scenario from some Monty Python, third world, Muslim terrorist dictatorship,
then consider the attached Motion filed last week by your Federal Department of
Justice in the case of my clients against Jason Kenney and Chris Alexander.
Jason Kenney and
Chris Alexander want our case to die a quick death. The death will take place
at night in a back alley. No witnesses. No parties. Nothing.
Under no
circumstances will we agree to “cone of silence” justice.
Fasten your seat
belts for more litigation. And appeals.
We have too much
respect, and loyalty, for Her Majesty to bow before Red Mountain.
I’ve outlasted 20
Immigration Ministers. With two exceptions, they have been loyal servants of
the Crown.
May the last man
standing, win. "
Richard Boraks, January 20, 2015
Tuesday, January 13, 2015
Comment:
"I’m so happy that President Modi’s friends
are making money
So why does a
Canadian Minister discuss immigration with an Indian president?
Perhaps its time
that immigration selection was left in the hands of Canadian employers and not
Indian immigration consultants with connections to a President.
The Asia Pacific Foundation
confirms that over 52% of immigrants selected by Ottawa’s bureaucrats in Asia don’t
even bother staying in Canada. I doubt that even President Modi’s consultant
friends can change those numbers.
Too bad that there
is not enough money to have the Minster visit Rome, Lisbon and Warsaw."
Richard Boraks, January 12, 2015
COMMENT:
"Accepting Failure
The OECD is a serous
organization. It produces good information based on vetted data.
When the OECD weighs
in on immigration, it’s incumbent on all policy people to sit back and reflect.
Unfortunately, there
is nobody in Ottawa capable of assessing the OECD data in light of Canada’s collapsed
immigration process. Pity.
Even a cursory
reading of the OECD material indicates the following:
Traditionally non
immigrant, yet sophisticated , jurisdictions are far ahead of Canada in
dealing with demographic issues through immigration
Canada has an embarrassing dearth of data upon which immigration
policy could , or should, be based
The lack of good data leads to visa related debates based on
emotive, politically exploitive or
micro economic self serving parameters
Among other fallacies ,Canadian politicians are exploiting their
own ignorance when they talk about Canada being a cutting edge immigrant
reception country
Canada is missing the boat on accepting those European immigrants
who are already established in Canada
Ottawa’s and the provinces’
refusal to consider reports such as the OECD document has led to bad public policy.
Bad public policy coupled
with bureaucratic arrogance has led to bad administration.
Bad administration
has led to the criminalization of the process.
Systemic criminalization
eventually leads to a break down of the social order.
Thus the question: How long can politicians and bureaucrats expect Her
Majesty to dodge the bullet of bad immigration policies, worse immigration administration
and increasingly pervasive criminalization of the process?
A solution may be
that we acknowledge our inability to govern and ask Her Majesty to foreclose on
Confederation.Better to be an efficient colony than a pretend country. "
Richard Boraks, January 13, 2015
Apprenticeship ad's claim
of skilled trades shortfall open
to question
Lack of labour market data casts doubt on forecast of jobs needed over next decade
By Susana Mas, CBC NewsPosted: Jan 11, 2015 5:00 AM ET Last Updated: Jan 11, 2015 11:50 AM ET
A new government ad publicizing a loan program for apprenticeships says Canada will need one million new skilled tradespeople by 2020. (Employment and Social Development Canada)
A government ad to promote the new Canada apprentice loan program claims the Canadian economy will need "one million skilled tradesmen and women" over the next decade.
But independent forecasts and even the government's own projections tell a different story.
The government pointed CBC News to "a combination of industry estimates," several of which were written by Rick Miner, the president of Miner & Miner Ltd., a management consulting firm specializing in labour market issues.
Miner concluded that Canada will face a "major problem" with skilled worker shortages if nothing changes over the next 16 years.
But he told CBC News his projections are for overall labour and for skilled labour, not specific to the trades.
"I think you'd have a tough time finding somebody who is going to back that unless they have a real broad definition of both the trades and a broad definition of what they define as shortage," Miner said.
"If somebody said … right now there's a shortage of a million workers in the trades in Canada, I'd say that's an inflated number. That's not true."
Asked if he could point to labour data showing Canada would face a shortage of "one million skilled trades" workers over the next decade, Miner said he could not.
The government also pointed to a 2013 estimate by the Canadian Chamber of Commerce. But Sarah Anson-Cartwright, the chamber's director of skills policy, told CBC News those forecasts originated from Miner's older reports, which are not specific to the trades and have since been reviewed.
"The Canadian chamber does not cite the forecasts from Miner's 2010 and 2012 reports since they are out-dated now."
Skilled workers vs. trades
The government also pointed to a 14-year-old Conference Board of Canada report that found the labour shortfall could reach nearly a million workers by 2020.
But the non-profit think-tank revisited the report a little over a year ago and publicly said the so-called "million worker shortfall" was "not possible" and widely "misunderstood."
"In that same report, we explained that a worker shortfall is 'logically impossible,'" wrote Pedro Antunes, the deputy chief economist at the Conference Board of Canada, in a commentary published on Nov. 11, 2013.
"Essentially, the economy has to operate with the workers that are available — by substituting labour for capital and reducing production," he wrote.
Antunes told CBC News the Conference Board of Canada saw fit to revisit the 2000 report because "we were seeing the number bandied about and it was an old forecast that was done over a decade ago."
He also said the decade-old report was about overall employment and not just about the trades.
"Trades is absolutely part of it but when we talked about skilled workers, it was in general … it was not specific to trades."
Shortages in 'high-skilled' jobs
In announcing the new loan in B.C. this week, Prime Minister Stephen Harper was more careful, citing "one million additional skilled workers" — not a shortfall of "trades" workers.
Even the government's most recent projections, by Employment and Social Development Canada, show that labour shortages over the period of 2013-22 are projected "mostly in high-skilled occupations."
According to the government's outlook, 47 occupations are expected to face shortages by 2022, with the majority of those in the health sector.
Only six of the 47 occupations facing labour shortages are in what the government calls "trades, transport and equipment," which includes electrical trades, heavy construction equipment crews and welders, among others.
The government does not give a projection for workers in the trades, but it does provide a forecast by different skill levels.
Occupations with significant health and safety responsibilities, such as firefighters, police officers and nurses, are assigned to skill level B, a category that also includes chefs, electricians and plumbers.
The report shows that while jobs in this wide-ranging category are "overall ... projected to be in balance" over the period of 2013-22, 18 occupations in this category are projected to face a shortage of 846,000 workers.
Other estimates in the mining, oil and gas, and construction sectors predict labour shortages ranging from 116,800 to as many as 300,000 workers over the next decade, depending on the industry.
Miner said part of the reason there is no national data specific to labour shortages in the trades is because there is an absence of good labour market data overall.
Even Employment Minister Jason Kenney has acknowledged a weakness in Canada's labour data and promised to take action, beginning with two new labour market studies at a cost of $14 million.
Apprenticeship loans
The new government ad also claims students registered in a Red Seal trade apprenticeship will be able to apply for "interest free" loans of up to $4,000 per period of technical training, but the terms of repayment make it clear the loan will have to be paid back with interest once the training is completed.
The government said ESDC consulted Advertising Standards Canada before airing the ads and verified that "requirements under the Canadian Code of Advertising Standards were met."
The department would not say how much it was spending on the 30-second television ad.
Watch the ad from Employment and Social Development Canada
Comment:
"Information is power
Power is money
This weekend has
been a watershed moment in governments’ abortive efforts concerning foreign
workers.
On Saturday (January
10) the Toronto Star print edition ran a well researched story “confirming”
that Chris Alexander is stonewalling on foreign worker data.
Today, the CBC has
been promoting an in depth report “confirming” that Ottawa has no clue when it
comes to Labour Market Information (LMI).
When the Star and
the CBC both sing in high pitch from the same page on the same weekend at the
beginning of the election cycle, then the antennae have surely gone up at Tory
Party headquarters.
Conservative hopes
rest on portraying the party as effective managers, especially on the employment
file.
It was no
coincidence that the Star and the CBC benefitted concurrently from bureaucratic cooperation in the evisceration
of the government’s perceived efficiency.
It was no coincidence that the official knives came out a few days after the Prime
Minister’s “Skilled Trades“ apprenticeship announcement
The bureaucracy has
signaled its intentions. They want to defeat this government.
Why?
Because Ottawa is a
cash obsessed snake pit that generates its flow of mother’s milk based on the
manipulation of information.
When the short term
cash flow needs of political interlopers threaten the beaucracy’s longer term
financial considerations, then its time to switch governments.
Rest assured that:
1. Officialdom has
very good LMI
2. The political
leadership has no access to the real numbers
3. Officialdom is
encouraging government to generate politically self serving skilled trades
policies, including foreign worker issues, that have no chance of succeeding
4. Kenney et al were
sure that they could swing their political “base” with hysterical worker
polices based on, allegedly, non existent LMI. They weren’t counting on the
bureaucracy cutting them off at the knees with an overriding “poor management”
attack
5. My clients are
being scarified as the self serving interests in Ottawa jockey for a few pieces
of silver
Ottawa’s Anglo – French
family compact has much in common with Chinese officialdom. While going through
the Maoist facade of surviving constant political turmoil, the lads have firmly
embraced Deng’s admonition to “make money”… at any cost to the public good.
(I turn a wistful
eye to China ,where the leadership has pivoted with the arrest of over 30,000
corrupt public officers and politicians
who apparently went a little too far with Deng’s suggestion… just think what
this kind of “cleansing” could mean for
the National Capital Region’s organ transplant needs)
In any event, we are
in court.
The courts have a
process called “discovery”.
I wonder what we’ll discover
? "
Richard Boraks, January 11, 2015
Monday, January 5, 2015
EXPRESS ENTRY and ONTARIO
My job is to try and
match my trades employers’ staffing needs with government policy.
The difference
between what my employer clients need and what Canada can supply should
logically be covered by foreign workers, whether temporary or immigrant.
My job should be
pretty simple.
And in light of
Ottawa’s policy to use “Express Entry” in a self professed bold attempt to turn economic immigration from the “supply” side to the “demand” side, my job
should be getting easier. After all, it worked in Australia.
So what’s the
problem?
The problem is that
I have no idea how Ottawa determines:
If there are “demand” sides in any specific skills sets in Ontario
How the Ontario “skills sets” demand sides ,if any, are
established and calculated
How it can run an Express Entry program based on alleged “demand
side” considerations when there is no indication of any such consideration.
Specifically, there is no indication as to how bureaucrats will dip
into the Express Entry “pool” and select successful worker candidates. The
federal bureaucrats are not selecting on the basis of any known:
a)Skills
set target or quota
b)Labour
Market Information (LMI)
c)Provincial
requests
d)Any
other known benchmark
My concerns with the
integrity of Ottawa’s “demand side” intentions are exacerbated with Ottawa’s
May 2014 – December 2014 management of the “demand side” trades quotas of the
Canadian Experience Class (CEC) and the Federal Skilled Worker Program (FSTP) .
In getting ready for
Express Entry, Ottawa put a quota of 200 for each NOC code job description
under the CEC program. Ottawa also put a quota on each NOC job description
under the FSTP program. One would assume that the quotas reflected some
empirical “demand side” logic.
The outcomes for the
May –December 2014 quotas are distressing.
Ottawa refuses to
release the numbers for the FSTP program.
The CEC “trades
relevant” number of applications received between May –November 2014, but
not yet approved, for the entirenationare
as follows:
Tile setters… 4
Construction supervisors …2
Upholsterers … 0
Tailor , dressmaker… 1
Chef …27
Butcher …4
Welder …3
Concrete finisher… 11
Roofers …10
Crane operators …1
Auto body technicians …3
Bricklayers …6
Electrical mechanics …0
Carpenters …29
The above numbers,
together with the lack of any related Express Entry skills selection relevant
data, raise the following questions being asked by my Ontario employers, all of
whom come to the table with a clear “demand side” interest in legalizing their
existing workers:
Why are the above CEC numbers so pitiful?
Why the FSTP are numbers a state secret?
·Does Ottawa
have a secret “demand side” list of preferred occupations?
·Does Ottawa
have a secret “demand side” list of preferred source jurisdictions?
Does Ottawa have any clue, and does it even care, as to how
Express Entry priorities are established or disclosed?
Does Ontario have any clue as to how Express Entry priorities are
established?
Does Ontario have any clue as to impact of Express Entry on the
Ontario economy?
I’m pretty sure as
to the answers for the first 5 questions. Ottawa is historically consistent in
its byzantine “command –control –mislead –deflect” modus operandi.
The answer to last two
questions are distressingly simple:
Ontario’s former Deputy Minister of Immigration had no clue what
he was doing when he forced the province’s employers to swallow Express
Entry
Ontario’s Minister of Immigration had even less clue, or interest,
than his Deputy
The Premier‘s office was otherwise occupied
As a result of
Queen’s Park being in La La land on this file, Ontario was not put on the path
to a common sense foreign trades worker policy, let alone a common sense
immigration policy of any kind.
Common sense tells
me that determining the “demand” for skilled trades workers in Ontario should
be a no brainer:
First, you ask the provinces for their projected short falls for each
skills set on both a short term and long term basis. You make public all of
your Labour Market Information for each individual skills set.
Second, you speak with existing “Sectoral Councils” in order to get the
national lay of the land for each skills set on both a short term and long term
basis .You come to terms with mobility of Canadian workers in each skills set
Third, you eliminate the significant distortion of hundreds of
thousands of illegal workers by telling employers and unions to get the
illegals into either the work permit or permanent residency streams depending
on the projected long term or short term need. You do not stand in the way of
turning qualified illegal’s into legals. You do enforce against recalcitrant
employers and unions.
Fourth, you never, never, never allow a company to bring in a skilled
worker as a landed immigrant unless he/she has already proven himself/herself
by working and paying taxes for a period of time.
But here we are in
Ontario:
No federal LMI
No provincial LMI
Employers of existing legal workers being ignored
Hundreds of thousands of illegal workers. More coming in every day
The provincial tax base being salvaged
Provincial growth being compromised
No apparent provincial interest in salvaging Ontario’s largest
industrial sectors
Clearly no interest in Ottawa to take Ontario seriously
Clearly, no interest in Ontario to take itself seriously
Who but Ottawa,
along with provincial incompetence of biblical proportions, could have written
such a script?
As for my employer
clients?
They don’t respect any
government of any stripe.
This is why we’re in
Court.
And this is why we
are going to succeed.
Richard Boraks, 5 January 2015
EXPRESS ENTRY AND THE LONG GUN REGISTRY
Putting aside any public
policy considerations, I would venture that Express Entry will be the political
equivalent to this government what the Gun Registry was to the former
administration.
Rural Canada and
immigrant Canada each control about the same number of electoral ridings.
Rural Canada sees
the gun registry as an attack on its core values. Immigrant Canada sees
immigration administration as an attack on its core values.
In 2011, Jason
Kenney was very effective in grafting immigrant Canada‘s discontent onto core
support in rural Canada.
The former
administration failed in its attempt to convince rural Canada that the gun
registry served the greater public good. They failed because they refused to
understand that the administration of the gun registry was perceived in rural
Canada as attacking identity and core values. The government of the day was
unable to come up with administration that would render acceptable the policy
of the gun registry.
The present administration
realizes that immigrant Canada is again on the cusp of revolting against the
administration of immigration policies.
The present
administration has added up the political cost of:
Ditching 300,000 skilled work applications
Ditching over 50,000 investor files
Wiping out the long term ambitions of thousands of students who
had invested time and money
Removing status and denying status to at least 300,000 GTHA
workers, including 60,000 Italians
Actively denying the needs
of thousands of Ontario employers
Giving priority to English, Irish and French while imposing
“quotas” on other jurisdictions. In some case , the quotas are “zero”
Giving priority to Western Canada
Placing language restrictions on citizenship
Attacking the citizenship of dual nationals
This administration
is politically more cunning than the former stewards. The present group
understands that it makes no sense to either justify or explain the above.
At the same time,
the problem cannot be ignored.
The solution to the
administrative nightmare generated by the above policies has been to create a
new administrative policy: Express Entry
The administration
is rolling the electoral dice with Express Entry.
The political
manipulation behind Express Entry is to spend millions of media dollars before
the October 2015 election. The focus of the media attack will be the
government’s care, sensitivity and administrative success.
Starting in March –
April, we will be subjected to nonstop coverage of perhaps 20-100 new
immigrants receiving their landed papers in under 6 months. The ads will
feature the usual cross section of ethnic and gender backgrounds.
Thus, the question:
Will immigrant Canada buy the Express Entry
media message?
Maybe.
But I doubt it.
What unites rural
and immigrant Canada is the fact that most immigrants come from rural
backgrounds.
Rural people are the
same the world over. They know when some smooth talking, snake oil salesman is
playing a shell game.