Comment: THE WHEEL IS TURNING

Ottawa has only one obsession on any issue: “What will the base think?” 

Queen’s Park has an overriding concern on most issues: “What will the unions think?”  

 Guess what?

When it comes to foreign workers, both the “base” and the “unions” are now on the same page.

The Canadian Federation of Independent Business is singing the same song as the Labourer’s International Union.

Have look at the CFIB’s report on foreign workers. It’s at: http://www.cfib-fcei.ca/cfib-documents/rr3341.pdf

So where do we go from here?

The answer is outlined in the December 5, 2014 edition of the Corriere Canadese.

In a word, it’s up to Queen’s Park to represent the provincial interest on foreign trades workers.

Last week, Rocco Galati issued our initial Federal Court action against Ottawa.

Next week, we file the second claim. There will be more coming this winter.

The clock is now ticking on Queen’s Park.

The constitution is clear:

Ontario has the responsibility to represent this province’s local business, trades workers and immigration concerns. There is nothing in the constitution about Minister Chen having to wait for Minister Kenney to dictate terms on anything having to do with business, the trades or immigration.

It should be no brainer. Why would any government choose to ignore the constitution, small business and big trade unions?

If politicians can’t get their act together, then they should simply get out of the way.

No where is it written that politicians should be running this nation’s job sites."

Richard Boraks, Dec 6,2014

04.12.2014

ECONOMIA

 

20:12 03.12.2014

Ontário vai criar 2,5 milhões de empregos em dez anos e precisa de imigrantes

© Mark Blinch / Reuters

O ministro da Cidadania, Imigração e Comércio Internacional do Ontário disse, em entrevista à Lusa, que em dez anos a província canadiana vai criar 2,5 milhões de novos empregos e precisa de imigrantes. 

"Temos a oportunidade de trabalho. Estatisticamente, em dez anos o Ontário, devido a dois fatores - o envelhecimento da população e a expansão da economia - vai abrir 2,5 milhões de novos trabalhos e precisamos de muita gente para trabalhar, pois a taxa de natalidade é baixa", afirmou Michael Chan.

Em entrevista à agência Lusa, acompanhado pela sua assessora parlamentar, a deputada provincial luso-canadiana Cristina Martins (eleita por Davenport), reconheceu a importância da chegada "de novos imigrantes", até porque há o perigo de a rede da força de trabalho "ser negativa". 

O governante também teceu elogios à "forte comunidade" portuguesa, e exemplificou o facto de o ministro das Finanças do Ontário Charles Sousa ser lusodescendente, numa "terra maravilhosa", onde todos devem dar-se "harmoniosamente bem uns com os outros". 

Em 2013, o Ontário acolheu de 100 mil imigrantes, devendo o número aumentar em 2015.

Michael Chan também se manifestou preocupado com a operacionalidade do novo sistema de imigração "Entrada Expresso", que vai entrar em vigor a 01 de janeiro de 2015.

"Estamos muito preocupados com alguns atrasos que existem atualmente, e não sabemos quando vão ficar resolvidos. Um problema coincide na linha do empregador com o potencial candidato e o outro problema tem a vem diretamente com o portal e com as ferramentas que dão as informações. Existem estes problemas, mas eles (Governo federal) vão lançar o portal em janeiro (2015)", explicou o liberal. 

No entanto, apesar destes problemas verificados, o sistema, que tem sido utilizado com um sucesso na Austrália, "é bom, mas em cada país é diferente", disse o ministro, afirmando que está otimista, mas que é preciso esperar para ver. 

Cristina Martins salientou, no entanto, que a entrada em funcionamento do programa "não vai resolver" todas as necessidades que o Ontário e outras províncias têm em termos de mão-de-obra.

"Estamos a falar de um sistema que pretende alcançar imigrantes bastante qualificados, não é se calhar a força laboral da comunidade que conhecemos, não é necessariamente o tipo de sistema que vai auxiliar aqueles trabalhadores que vêm para o Ontário", afirmou a deputada lusodescendente. 

O assessora parlamentar de Michael Chan também recordou que este sistema "Entrada Expresso" é uma "boa solução" para uma mão- de-obra "mais qualificada", mas existem outros programas que os imigrantes "podem utilizar", que podem ser úteis aos trabalhadores da construção civil provenientes de Portugal.

O Ontário continua a ser o principal destino dos imigrantes no Canadá, o que representa cerca de 30 por centro do crescimento da força de trabalho. 

O Governo Federal coordena todos os processos de imigração e tem vindo a reduzir a percentagem de imigrantes económicos no Ontario para 46 por cento, enquanto as outras províncias, em média, recebem 65 por cento (2013). 

Michael Chan nasceu na China, aos sete anos de idade mudou-se para o antigo território português de Macau, onde residiu durante quatro anos. Após passagens por Hong Kong, partiu para o Canadá em 1969. Foi eleito deputado provincial em 2007 pelo círculo eleitoral de Markham-Unionville, tendo sido reeleito em 2011 e 2014. 

Chan teve diversas pastas ministeriais nos sucessivos governos liberais do Ontário; Receita (2007), Turismo e Cultura (2010/2011), Cidadania e Imigração (2007/2010 e 2012/2013), ministro com a pasta dos Jogos PanAmericanos de Toronto 2015 (2012/2014), Turismo, Cultura e Desporto (2011/2014), e desde 24 de junho do corrente ano é o ministro da Cidadania, Imigração e Comércio Internacional. 

Antes de ingressar na política, Michael Chan era mediador de seguros numa empresa de que era proprietário. 

Calcula-se que existem no Canadá cerca de 550 mil portugueses e lusodescendentes, estando a grande maioria localizada na província do Ontário.

Lusa

Link "http://sicnoticias.sapo.pt/economia/2014-12-03-Ontario-vai-criar-25-milhoes-de-empregos-em-dez-anos-e-precisa-de-imigrantes"

Comment:

1-"My free translation of the relevant parts of the attached article: 

December 3, 2014

LUSO NEWS AGENCY INTERVIEW WITH MICHAEL CHAN AND CRISTINA MARTINS

“ONTARIO WILL CREATE 2.5 MILLION JOBS OVER TEN YEARS AND NEEDS IMMIGRANTS “

“We have the opportunity of work. Statistically, in ten years Ontario due two factors – aging of the population and  the expansion of the economy – will create 2.5 million new jobs and we need lots people to work, because the birth-rate is low” said Michael Chan

Speaking to Lusa News Agency, accompanied by his parliament assistant, Portuguese-Canadian Cristina Martins (Davenport), the Minister recognized the importance of new immigrants arriving, as there is a danger that otherwise the impact on the work force will be “be negative”.

The Minister also praised the “strong Portuguese community exemplified by the Minister of Finance of Ontario Charles de Sousa being of Portuguese descendent, in a marvelous land   where everyone is in harmony with others”.

In 2013, Ontario received 100 thousand immigrants, a number that should increase in 2015.

Michal Chan also expressed concern with the operations of the new “Express Entry” immigration system, which will come into force on January 1, 2015.

“We are very worried with some delays that currently exist, and we don’t know when this will be resolved. One problem is joining the employer and the potential candidate and other problem is directly with the portal and the tools that give the information. These problems are real but the Federal government will launch the portal in January 2015.” explained the Liberal.

However, despite these problems, the system, which has been used with success in Australia, “is good, but each country is different”, said the Minister, saying he is optimistic, but that is necessary to wait to see.

Cristina Martins emphasized, however, that the entry into the program “will not solve” all the necessities that Ontario and other provinces have in terms of labor.

“ The new system  aims to reach highly qualified  immigrants  , but perhaps not the Portuguese labor force that wants to come to Ontario ” said  the Portuguese descendent legislator .

The parliamentary assistant for Michael Chan, also reminded that the  “Express Entry” system is a “good solution” for a “more qualified” labor force , but there are other programs that immigrants “can use”, that can be useful to construction workers from Portugal."

2-"The Good news and the Bad news

Attached is an interesting article from a leading Portuguese news organization.

The Good News

I commend the Provincial Minister of Immigration for recognizing that the new Express Entry program will not met Ontario’s skilled worker needs.

I also commend Cristina Martins for recognizing that Ottawa’s new economic immigrant program will leave Ontario short on the trades side.

• In summary, Ontario is concerned  that the new Express entry program will not meet the needs of Ontario or the Portuguese community 

The problem here is not with the Minister or Ms. Martins. They have been honest.

The Bad News

The problem is that the readers in Portugal do not understand what the Minister and Ms. Martins said.

Many readers simply read the headline about 2.5 million jobs

These readers will be shocked when, on January 1 2015, they apply under the Express Entry program.

They will be shocked because they will see that they have to pass the IELTS language Exam, that they need guaranteed job in Canada, that they need some post secondary education etc, etc, etc.

99.9 % of the Portuguese applicants will fail.

Out of frustration, many of the readers will simply get on an airplane and head for Toronto.

They will be even more severely shocked when they are stopped and , probably arrested, at the Toronto airport  when they tell the airport officials that they have  come to start working in one of the promised 2.5 million jobs.  

The Conclusion

Rule #1 in Canada:

Unless you are from Ireland, England, France or the Commonwealth, never, never, never trust anything, like Express Entry, that comes out of Ottawa.

I repeat: Never"

Richard Boraks, Dec 3, 2014

Comment

"EXPRESS ENTRY: A LITTLE KNOWLEDGE IS A DANGEROUS THING

I’m not a very smart guy. I got through high school by memorizing Coles Notes.

One day Miss Schroeder, my grade 12 French teacher, flushed me out and warned:                          “Boraks, a little knowledge is a dangerous thing”.  

Yesterday, December 1, 2014, will live in the annals of Canadian immigration history as the day that Ottawa took a little knowledge and created Express Entry, something very dangerous for the Ontario trades.

I don’t mean to offend the intellectual capacity of our nation’s leadership. They’re well educated. They’ve observed the Australian model. They’ve committed a lot of effort to the new process. But then, they have a history of starting up “command –control” programs that fail.

So why will Express Entry fail the Ontario trades?

• Because Toronto is not Canada and Canada is not Toronto

• Because today’s Parliament and Cabinet is thin on people who have met a payroll. No one from Ontario on the government front bench has run a small business. They have no clue.

Ottawa running the trades is like the communist party running farms. 

It’s funny when apparent conservatives claim that they want to give employers a role in the worker selection process and then Ottawa dictates both the supply and demand of the foreign worker rules. At the end of the day, Express Entry is the worst form of command and control socialism, pure and simple.

• Because pride precedes the fall.

Pride has taken over from rigorous policy discussion. What does it say when a highly educated, otherwise sophisticated Minister such as Chris Alexander seriously claims that his is the best government in Canadian history? When you’re the best in history, then why question?    

The consequences of failure

Everybody knows that the Toronto trades have survived by ignoring the geniuses in Ottawa.

Now Ottawa has turned the tables and will dictate to the Toronto trades.

The next few years will be a fiasco in Toronto.

Ottawa will be approving tradespersons who speak English /French and have certificates. These folks will not find jobs. The trades jobs will continue to get done with employer selected illegal workers who speak “trades English”.  In frustration, Ottawa will start leaning heavily on unions and employers who hire illegal workers. Initially, the smaller subcontractors will be wiped out. Then, the first small downturn in construction will see the big contactors, unable to recruit competent staff, leave the province. While this scenario plays itself out, the existing trade union culture will collapse under the weight of South Asians not joining the union, but instead, doing what they did to the trucking sector.

Ottawa has ensured that another generation will endure gridlock and crumbling infrastructure. The cultural fabric of the community will weaken.     

What’s the solution?

Dealing with Ottawa is like discussing menus with cannibals… it’s rather counter productive.

We’ll see if Queen’s Park is up to the task of representing Ontario’s interests.

In the meantime, thank God for the Courts. "

Richard Boraks Dec 2, 2014 

Comment:

"Buckle up. Stay tuned.

We will see increasing public interest in the issue of foreign trades workers in Ontario.

Until now, Ontario pulled a Pontius Pilate. Queen’s Park washed its hands of the constitutional responsibility to manage its own internal immigration affairs.

This week, after 147 years, the immigration Pandora’s Box has opened. Pandora’s first victim is Pontius Pilate. On the chopping block are provincial politicians.

No longer can Ontario restrict itself to “consulting” with Ottawa. Queen’s Park will now be on the hook for immigration policies in this province.

With its new Immigration Act, the province has entered the immigration wars. Queens’ Park, not Parliament Hill, will quickly become ground zero in establishing Ontario’s immigration policies.

The politicians will down play the significance of this week’s announcement. They will pretend that they can remain in lock step with Ottawa’s leadership.

Despite their whistling by the electoral graveyard, the immigration wars will hit provincial politics like a tornado alley.

Rest assured. Right from day 1, Ontario politicians will be held responsible for their immigration decisions, or more to the point, lack of decisions.

Ontario’s dithering will assure a new front for the province’s immigration industry.  The lawyers, consultants, lobbyists, employers, workers, families, unions, educators, investors, entrepreneurs, municipalities, ethnic groups and media will be knocking on Queen’s Park’s doors demanding action. The province will panic. Ottawa will not return phone calls.

Litigation in Ontario’s Superior Court will follow. 

Having created the mess, it’s Ottawa’s turn to start washing its hands of immigration policy in Ontario.

Good riddance.

Buckle up. Stay tuned."

Richard Boraks, Nov 28, 2014

Comment- Express Entry

"Effective January 2015:

• Employers will no longer be assured that they can hire their own workers.

Even if a company gets a contract approved for a specific worker, some official in Ottawa, and not the boss, wiil decide if the employer gets his selected worker or some body else deemed by the faceless, nameless, liability free bureaucrat to be “superior”

This means that no trades  employer will bother playing the stupid game called “Express Entry”.  

• No cement finisher, ethnic cook or any other tradesperson will become an immigrant under any federal program UNLESS THEY PASS THE CRAZY LANGUAGE EXAM  

Please note that Ottawa has not yet issued the formal regulations that will control the Express Entry program … what they are doing is preparing to go into the 2015 election hoping to mislead everybody by issuing a lot of self serving press releases

Interestingly, the only instruction from Parliament to the Immigration office is that their new Express Entry program must not exceed a little over 2,000 working families . 

This means that Ottawa is planning to eviscerate the present quota for the CEC and Trades classes and replace them with a greatly diminished quota with Express Entry

Our Court case, which is planned to be filed in September 2014 will attack the policies which form the basis of “Express entry”"

Richard Boraks, July 20, 2014

 The original purpose of this blog site was to warn employers, their foreign workers and the community that the real intention of Ottawa’s worker immigration program is to:

• Take away the employer’s powers to select his own trades staff, including existing legal workers
• Allow the central government , not employers, to select  Canada’s trades work force
• Create a new federal bureaucracy that will oblige Canadian employers to hire government approved trades workers who have never set foot in Canada
• Create a trades work force based on ethnic preference , not competence
• Effectively , deny employers the right to hire or retain trades workers from Italy , Portugal, Poland or China
• Effectively , create a work force dominated by trades workers from England , Ireland, France and South Asia 

Ottawa is not hiding its intentions.

On April 8, 2014, Minister Alexander issued the below press release confirming all of the above. 

As of January 1, 2015, Ottawa fully expects that its new worker immigration program:

”PROMISES TO BE A REAL GAME CHANGER FOR CANADIAN IMMIGRATION AND CANADA’S ECONOMY .IT WILL REVOLUTIONIZE THE WAY WE ATTRACT SKILLED IMMIGRANTS, AND GET THEM WORKING HERE FASTER”

Minister Alexander’s makes it appear that that his new program is open for all employers and foreign workers:

“Qualified applicants can expect faster processing times of six months or less when invited to come to Canada in four key economic streams the Federal Skilled Worker Program, Federal Skilled Trades Program Canada Experience Class and a portion of PNP”

What Minister Alexander did not say was:

• All of the above federal programs demand that the trades worker pass an absurdly difficult language exam geared to Commonwealth applicants

• His government refuses to implement the rules which allow individual employers to hire workers who have failed the language  exam but have proven their “successful economic establishment in Canada”

• His government has abused the “holiday work “ program as a back door to  permanent residency priority to 30,000 Irish , English and French workers

• His government has  entered into trades worker priority processing agreements with two counties … Ireland and England  

• Ottawa’s failed worker training and immigration policies have led to Ontario employer’s ignoring the law and the government  and instead hiring approximately 100,000 Europeans and Chinese who can get the job done but can not get the proper visa papers  because they do not share the Minister’s “ethnic values”.    

Minister Alexander is clear. He wants a Canada in which government:

• Takes little responsibility  for training Canadian trades workers  
• Expects employers to pay heavy taxes and then carry the cost of training workers
• Dictates to employers as to which worker is acceptable and which worker is not acceptable
• Deports workers who have proven themselves successful on the job site
• Gives permanent residency to workers who have never set foot in Canada
• Uses language exams as an excuse to keep out successful, tax paying   employees who do not share the Ministers preferred “ethnic values”
• Challenges the core Canadian value of not giving official preference based on nation of origin
• Encourages a two tier immigration system:  Irish , English and some Commonwealth citizens get residency … Europeans are allowed to work , either legally or illegally, until they are deported

I doubt that many Canadians agree with Ottawa’s above warped view of our country. They will have an opportunity to express themselves in October 2015.

 The problem is that many businesses will not survive the government’s trade’s worker policies until October 2015.

News ReleaseArticle from

Offering "Express Entry" to Qualified Economic Immigrants

Actively Recruiting Talented Newcomers For the Benefit of Canada’s Economy

April 8, 2014 — Ottawa — Canada’s Citizenship and Immigration Minister Chris Alexander today announced that Canada’s active recruitment model for economic immigration will officially be called “Express Entry.” Set to launch in January 2015, “Express Entry” is a major step forward in the transformation of Canada’s immigration system into one that is fast, flexible and focused on meeting Canada’s economic and labour needs.

“Express Entry” will allow for greater flexibility and better responsiveness to deal with regional labour shortages, and help fill open jobs for which there are no available Canadian workers. “Express Entry” candidates who receive a valid job offer or nomination under the Provincial Nominee Program (PNP) will be quickly invited to apply for permanent residency – a key distinction between “Express Entry” and the Temporary Foreign Worker Program, which is only used to fill temporary labour and skill shortages.

Formerly referred to as “Expression of Interest”, “Express Entry” will be open to skilled immigrants and allow the government to select the best candidates who are most likely to succeed in Canada, rather than those who happen to be first in line. It will also prevent backlogs and allow Citizenship and Immigration Canada (CIC) to better coordinate application volume with the annual immigration levels plan.

Qualified applicants can expect faster processing times of six months or less when invited to come to Canada in four key economic streams: the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and a portion of the PNP.

With “Express Entry,” employers will have a key role in selecting economic immigrants and providing advice to the Government of Canada. To this end, Alexander also announced that over the course of spring 2014, CIC will work with provincial and territorial governments to hold a series of cross-Canada information sessions to provide employers with more information about this exciting new system.

Quick facts

• Canada’s Economic Action Plan 2014 will invest $14 million over two years and $4.7 million per year ongoing to ensuring the successful implementation of Express Entry.
• With Express Entry, Canada will be able to select the best candidates who are most likely to achieve success in Canada, rather than the first person in line.
• The Government of Canada’s new and improved Job Bank will help facilitate matches between Canadian employers and Express Entry candidates.
• Having a valid job offer or provincial/territorial nomination will guarantee Express Entry candidates an invitation to apply for permanent residence.

Quote

“Express Entry promises to be a game-changer for Canadian immigration and Canada’s economy. It will revolutionize the way we attract skilled immigrants, and get them working here faster. Our government is actively engaged with our provincial and territorial partners, and with employers, to make January’s launch of Express Entry a success.”

Chris Alexander, Canada’s Citizenship and Immigration Minister

Interview Richard Boraks for Newspaper ABC ( Portuguese/English)

Comment:

"1. Over the years, immigration lobbies were focused on getting government to accept the community’s interest with a specific issue. For example, the 1975 “Returnado” campaign was about 3,000 white Africans. The 1980 Azorean campaign was about the humanitarian consequences of 3,000 families from an earthquake zone. The 1990 campaign was about 7,000 Toronto construction workers. The 2006 campaign was about bringing back the deported families.

The 2014 campaign is more difficult. It is not about the problems of specific group of immigrants. It is about the terrible behavior of two governments.

The federal government is now like an old colonial master engaging in ethnic cleansing. It wants to remove tens of thousands of Portuguese, Italian, Polish and other European workers in order to make room for Irish and English Commonwealth citizens.

The Ontario government is like Pontius Pilot. It wants to wash its hands of Ottawa punishing tens of thousands of Ontario businesses relying on Portuguese, Italian , Polish and other non English  workers .No other province would tolerate such a direct attack on its economy and citizens.

As a lawyer, I am very concerned that government has abandoned the rule of law in favour of an ethnic priority list. 

There is nothing in the law which allows Stephen Harper to establish an “ethnic priority” list.

Kathleen Wynne and Charles Sousa refuse to use their legal authority to challenge Harper’s “ethnic priority” list.

I became involved in this campaign simply because I do not want my community and my family to be subjected to government tolerating the “ethnic’ prejudices that I experienced as a boy in Toronto.

2. As a lawyer, I would rather spend my time advising clients about the rules.

From time to time, clients require that their collective positions be put before government. Lawyers are trained to accept that clients may require an advocate.

I was fortunate to go to Osgoode Hall Law School. Our professors encouraged us to advocate with respect of the law and authority. To this day I am a loyal subject of my both my Queen and my God. We were also instructed that loyalty means that we must submit to the law, not to the personal biases of leadership.

 Questioning abuse of power is a challenge to be met, not a risk to be avoided.

Fortunately, Canada is a unique country. We can peacefully challenge authority without fear of consequence.

3. The purpose of the March 23, 2014 meeting was to educate and lobby. There was also an effort to clearly lay out the options for workers and bosses.

            The options faced by all legal workers and visitors are:

1. Hide and work illegally
2. Get into the system and apply for extensions, LMO’s work permits and landed immigrant status
3. Sit back and wait and see what happens

The options faced by companies are:

1. Lose control of your job site if workers are kicked off for immigration reasons
2. Stay in the system and lobby 

The education concentrated on the following:

·         The new , December 2013 rules on LMO’s   

·         The new  difficulties in getting LMOs

·         The new language difficulties in getting work permits and landed status

·         The need to reapply if necessary... never give up 

The lobbying concentrated on telling the Portuguese community:

·         That the community was not alone in this lobby. Joe Volpe was at the meeting and confirmed Italian support. The Polish Truckers association was there also confirming its support

·         That the community has grown in size, wealth and power. In the past, the community relied on the Church, unions and community groups to do its lobbying.

·          In 2014, the community must rely on its politicians to get the message out

·         If Charles Sousa, Ana Bailao , Joe Estaquio and Cristina Martins do not push then why should anyone listen to the community ?

·         Workers and bosses should email and phone Charles Sousa, Ana Bailao , Joe Estaquio and Cristina Martins

·         The message   to the politicians is simple:

                                       WHY DO IRISH AND ENGLISH AND ALBERTA GET PRIORITY   

WHY DO PORTUGESE, ITALIANS AND OTHER EUROPEANS  HAVE TO BE DEPORTED FROM ONTARIO IN ORDER TO MAKE ROOM FOR IRISH , ENGLISH AND ALBERTA

3. The lobbying will continue as long as required. There will be another general meeting when there is something to report to the community.

We will keep the community advised on our blog, workercanadaimmigrtaio.blogspot.ca

In the meantime, we would appreciate members of the community expressing their concerns to their representatives.

4. Three things more difficult with immigration:

a)     Government is fanatical about not approving approve job contracts (LMOs) for work permits in Ontario … even for workers who are already working legally

·         Government is now charging money for advertising jobs and charging $275 for LMOP applications

·         Government is doing everything to stop companies in Toronto  from getting LMO’s for the trades

b)    The Federal  Government will not follow the new Trades law for new immigrants and even consider looking at any construction , food service or mechanical landed immigrant application unless the worker passes the language exam

c)     The government is starting to demand more English language skills for work permits, not just landed immigrant applications. It is possible that there will soon be a language exam required for work permits."

Richard Boraks, March 31,2014