:
Thank you, Mr. Redekopp.
Mr. Obokata, you will have five minutes for your opening remarks. Then we will begin questions.
Before we start with him, I would like to welcome the clerk officiating today, Ms. Audrée Dallaire.
I'm always encouraged to see new interns when they come in with the MPs. Today we have Christian working with Mr. Redekopp. Welcome to you, as well.
With that, I'll give you the floor, Mr. Redekopp, before we go to the special rapporteur.
:
Thank you. I won't be long.
I want to highlight that we have six requests to have the appear at this committee. I also want to highlight that we have very limited time in the coming weeks.
I'll quickly remind you there's a motion by Ms. Kwan on the Auditor General's report from October, which we need to have the appear on. I have another one to talk about immigration levels. I must also add that, just recently in the House, the Bloc had an opposition day when they also requested—and it was adopted—that we review the immigration targets. Those go together. That's very pertinent information we need to get from the minister. We also have a motion by my colleague Mr. McLean on Hong Kong MPF funds, which requests the minister—and the ministers of finance and foreign affairs—to be here. We then have the motion by Ms. Kwan on international students and the task force, as well as the cap on international study permits, with another request for the minister. The motion by Ms. Kwan on the ongoing conflicts in Sudan and Gaza needs the minister.
Finally, we have the motion I put forward about the supplementary estimates (C). As you know, we need to have the before the end of the supply period, which is the end of March. That means he must appear here either this week or the week we're here in March. I also note the IRB did not put in supplementary estimates (C). We don't need to hear from them on this, but we need to hear from the minister.
These are very important requests this committee has made to the . I'd be curious to know where we're at with those. If we aren't getting the minister, and if he's afraid to come to committee, as it sometimes seems he is.... He has been willing to come here and that's good, but we have lots of questions we need to get his answers on. I hope he would be willing to come to give those answers.
I'm curious to know where we're at with that.
Thank you.
I would like to begin by thanking the Standing Committee on Citizenship and Immigration for inviting me today.
I am Tomoya Obokata, from Japan, currently serving as the UN special rapporteur on contemporary forms of slavery.
As committee members are well aware, I visited your country officially between August 23 and September 6 last year in order to investigate how Canada addresses contemporary forms of slavery. I began my mission in Ottawa and visited other locations, such as Moncton, Vancouver, Toronto and Montreal, and met over 200 stakeholders. In relation to the treatment of migrant workers, I expressed my serious concerns over the low-wage and agricultural streams of the temporary foreign worker program.
In this regard, I received first-hand information from a wide variety of stakeholders, including close to 100 migrant workers I met across Canada, with regard to appalling working conditions that include excessive working hours, physically dangerous tasks, low wages and no overtime pay, as well as sexual harassment, intimidation and violence at the hands of their employers. When workers try to negotiate their working conditions, many are reportedly threatened or even dismissed instantly.
In my view, the key factor increasing the vulnerabilities of migrant workers to exploitation in Canada is the closed nature of the program that ties workers to specific employers. This creates a dependency relationship between the employers and the workers in many cases, allowing the former to exercise strong control over the latter, significantly raising the risk of exploitation and abuse.
I am aware of open permits for vulnerable workers, but this is a temporary solution lasting up to 12 months, and the process is reportedly so bureaucratic, with high evidentiary requirements, that many workers are hesitant to pursue this route. I understand that undocumented workers are also excluded from this scheme.
In view of these findings, I recommend that the federal government modify the closed nature of the program itself so that migrant workers can change their employers at their own will. Such an approach has already been taken by some countries and is being considered by others.
Canada already has the international mobility program that grants full access to the labour market, for example, and the government could consider extending this to all migrant workers.
There is also scope to improve labour inspections. According to the information I received during my visit, inspections reportedly do not occur regularly. When they do, they may be conducted remotely via telephone or video, or, when in person, with advance notice given to employers in many cases so that they can make necessary preparations on the day of the inspection.
In addition, workers' access to justice and remedies should be strengthened. I am aware that there are established channels for complaints, but many workers informed me directly that they do not report instances of abuse and exploitation due to a fear of reprisals by employers such as blacklisting or dismissal. The lack of access to information and language barriers also seem to serve as additional obstacles in accessing justice and remedies by many workers.
Finally, I would like to emphasize that migrant workers make vital contributions to Canada's national economy, yet paths to long-term or permanent residency are extremely limited for most workers in agriculture and other low-wage sectors. I regard this to be discriminatory and would like to recommend that equal opportunities for long-term or permanent residency be open for all migrant workers.
Thank you very much for your attention, and I will be very happy to take any questions.
Thank you to the witness for joining us today.
Mr. Obokata, over the course of the study, we had the opportunity to hear from a great number of stakeholders. We heard from farmers, lawyers, unions and migrant workers themselves. Many of them have expressed varied viewpoints and opinions on the issues of the closed work permits. Many stakeholders spoke about the consequences to the operation if they would open work permits for all temporary foreign workers.
Many have stated that employers in need of workers who recruit temporary foreign workers with high-demand skills fear that without employer-specific permits they may lose the employees they have recruited and desperately need.
When the was at this committee, he stated that he was open to having region-specific and industry-specific work permits.
What are your thoughts on these specific work permits, Mr. Obokata?
Thank you, Mr. Obokata, for joining us today for this important study.
I will try to put things in context and reassure people, including some of my colleagues.
You raised the fact that the closed work permit system could be fertile ground for modern slavery in Canada. I understood that you were not attacking employers, businesses or agricultural producers, but rather questioning the system that allows certain abuses. You were not targeting employers, but rather the closed permit system.
Can you explain that difference to the committee please?
:
Thank you very much, Mr. Chair.
I want to thank the special rapporteur for joining us today at committee. I also very much appreciate your coming to Canada and looking into this issue.
As many of the witnesses have said to us, the issue around the immigration system as it's set up, with the closed work permit approach, is that it actually sets these workers up for exploitation. From that perspective.... It's not to say, as the Conservatives would suggest, that you were alleging that all employers abuse workers. I don't believe you said that at any point in time; rather, I think the issue is about the immigration system that Canada has.
Instead of having this closed work permit situation, what would you say is the remedy to address the exploitation that many of the migrant workers you spoke with directly experienced?
:
I was going to speak to it, Mr. Chair.
The Chair: Sure, okay. Please go ahead.
Mr. Tom Kmiec: The reason I'm moving it is that we had a meeting on February 7 and we had the appear, as well as Mr. Anson from the CBSA and Chief Superintendent Burchill from the RCMP. In that testimony and in questioning, they indicated the following. It was questioning by Mr. Brunelle-Duceppe. Mr. Anson responded to a question specifically about cartels, organized crime and visa abuse to Canada. This was the response Mr. Brunelle-Duceppe received:
I don't, unfortunately, have a yes-or-no answer. I would say, in terms of organized criminality exploiting visa-free travel, that is something that seldom surfaces in evidence related to prosecutions or in the line of investigations related to IRPA. I would say it is something that, in theory, we know exists. Visa-free travel is exploited in all circumstances, and there are always criminals and organized criminals and organized crime groups that are typically involved or associated with those types of illicit movements.
Then, Mr. Brunelle-Duceppe continued with the RCMP chief superintendent. The superintendent confirmed, “There was no internal information that would indicate that they were exploiting any situation in particular”, and then he said he basically agrees with CBSA.
This is the meeting where the refused to answer when the visa requirement would be reimposed on Mexico.
Two things have happened since that meeting.
Marie Woolf, a journalist with The Globe and Mail, wrote an article that said it seems there were “recent operations linked to organized crime to smuggle Mexicans and others into the United States, according to the head of intelligence at the Canada Border Services Agency.” How could Mr. Anson say that there was no documentation, no proof, and that it was just theory, when there was obviously an ongoing operation that resulted in this article? The article had the headline, “Canada investigating cartel members smuggling Mexicans over border to America”. The subheading is, “Canadian officials, RCMP are working to investigate smuggling of Mexicans who fly to Canada and then enter the U.S. through Canada's southern border”.
How is it possible that the RCMP agrees with the CBSA at this committee, saying that there are no such documents—there's a theory—and now there are ongoing operations and we get into this article? In fact, the person from the CBSA being quoted is Mr. Anson. He's the one being quoted. This is all during that whole one hour with the when we were told that he would not reimpose and he wouldn't say when he would reimpose it. He tried to deflect every single time I asked him.
The article continues on to say, “He said no particular Mexican cartel was known to be running the smuggling operations. But members of organized crime groups have been identified as being involved.” However, they just told us at the February 7 meeting that it was merely a theory.
This article continues on to say that the “said last week that organized crime is playing a role in bringing some asylum seekers from Mexico to this country.” If there are no documents in these two departments, how could the Prime Minister know that? How would he be informed? Why wasn't the better informed? Why couldn't he answer our questions?
It goes on even further and actually quotes . It says that he's “considering whether to impose a visa requirement on Mexican visitors after a sharp increase in asylum claims from Mexicans, most of which have been denied.”
Mr. Anson is then quoted as saying, “We have noticed that there are patterns and people that will try to exploit a lawful ability to enter Canada and then proceed southbound”. Now, if there are patterns of people who are trying to exploit the lawful ability to enter Canada through the eTA, then there would be documentation, but we were told insistently that there were no such documents provided to committee.
Statistics Canada put out a report on February 23—on the same Friday—that shows that in 2023, “[r]epresenting 36.8% of all overseas residents arriving in Canada in December 2023”—so as of that last month of the year—residents of Mexico were 69,300.
If you go on the IRB's website with updated information from the CBSA, over 17,000 claims are being made by nationals with Mexican national documents. That would mean almost a quarter to 33% have made a claim at an air border after they landed in Canada. I would think there would be documentation somewhere and would have been able to provide a much more fulsome answer at the committee to explain himself.
Just so the analysts have it, this is “Travel between Canada and other countries, December 2023”, which was released at 8:30 a.m. eastern time in “The Daily” from Statistics Canada, on February 23, 2024. It just highlights travellers from different countries and who they were.
I just want to make sure I give Marie Woolf her credit here. Her article goes on to quote Mr. Anson indirectly, saying, “He said a division specializing in identifying fake documents is helping spot people with links to organized crime trying to enter Canada at airports, ports and border posts.”
Coming back to my point, Mr. Anson appeared before committee and claimed there were no such documents. Then a superintendent with the RCMP said, “I would echo the comments of my colleague from CBSA that organized crime” and then he was cut off, Chair, by yourself. He continued on just a little bit more, saying, “I would just underline the fact that organized crime will find vulnerable folks and exploit them regardless of the circumstances around that.” That's probably the most accurate statement he made during that entire meeting, because before that he seemed to agree with the CBSA when the CBSA said that no such documents exist.
was insistent he wouldn't tell us when he would reimpose the visa requirements, but if officials in his department.... His officials are also quoted substantively at the top about how closely they're working with Mexico and about how they're feeling the pressure from the Mexican government not to make any changes. There must be documentation.
This article continues on and on, so I have serious concerns that the testimony given by CBSA, the RCMP and IRCC on February 7 was less than accurate. I would go so far as to say that perhaps some of the points may have been misleading—perhaps unintentionally—but there are documents because otherwise it would be impossible for media like The Globe and Mail to be reporting that Canada's border officers have successfully disrupted recent operations linked to organized crime to smuggle Mexicans and others into the United States, according to the head of the intelligence at the Canada Border Services Agency.
:
Thank you, Chair, for that.
That was an unnecessary interruption.
As I was saying, I was looking more closely at the testimony from that committee meeting. I quoted to you what Mr. Anson said, and I can't help but come to understand that either there was an attempt at misdirection or he was very ill-informed on that date, February 7. It was February 23 when there were major operations going on in Canada that The Globe and Mail was reporting on.
My motion is very simple. The needs to return, because he is the main person responsible for who gets to be on the eTA system and who does not get to be on the eTA system.
We now have data from Statistics Canada proving that between 25% and 33% of those with Mexican national travel documents who are landing in Canada are making claims at the IRB. The only way they could be doing that is because they've secured an eTA for the purpose of travel to Canada. The article then goes on to say that some people are exploiting this “lawful ability” to travel to Canada on behalf of organized crime.
We need officials from IRCC to return, and we also need the Canada Border Services Agency to come before the committee. Mr. Anson specifically needs to come back and explain both to myself and to Mr. Brunelle-Duceppe why the testimony does not match with reality.
Thank you.
I just want to support this motion. We tackled the issue of human smuggling before in the study that we did on asylum seekers at Roxham Road. In that study, Conservative members put forward some strong recommendations to strengthen our anti-trafficking laws. This motion gets right at the heart of that, too, because we have problems in our country with the trafficking of people, with the smuggling of people, and, of course, we know that when trafficked people are brought into our country, they often end up doing things that are illegal. They often end up in things like prostitution.
These are things that exploit people. These are ways that people are exploited by the traffickers. It's bad for everybody. It's bad for our country, and it's certainly bad for the people who are involved, oftentimes without their consent. It's not something they sought to do. It's something they ended up in because they're exploited by cartels, by organized crime and things like that. That's exactly what this article is referring to.
We all recognize that crime in our country has increased significantly. Crime is also partly driven by some of the relaxations that the Liberals have done in terms of the laws, in terms of house arrest, for example, in terms of the relaxation of jail time requirements on some very critical crimes—crimes with firearms, gang crimes. Oftentimes, now, these kinds of criminals, rather than being put in jail, are actually released on bail. It can happen over and over again that a criminal commits a crime, gets arrested, and then, after doing the paperwork at the police station, is just released back out into the population.
Unfortunately, a growing number of these criminals reoffend. They come back. They're arrested again for the next crime. It's the same process. They do their paperwork, and out they go. We have this revolving door of criminality. In the worst case, sometimes there's a house arrest. Well, house arrest isn't much of a penalty either.
What's happened in our culture now, because of these changes made by the Liberal government in terms of the penalties for crimes, is that there's less of a disincentive to commit these crimes, so a person who's looking at—
I know that it's sometimes difficult for certain members to see the relevance of why we might want to put criminals in jail and why not doing that can lead to the exploitation of women, in particular, but it's something that we Conservatives really want to make sure we get right in our country so that we can reduce the crime we are seeing in our country—the car thefts and the home invasions. There are so many things happening that shouldn't be happening now.
As I was saying, criminals do not have to worry about going to jail, because either they just get released back out into the general population or, in the worst case, maybe they have a house arrest. What's happening now—and this is where we have to be very careful about cartels and gangs—is that gangs recognize this. They are able to go to a vulnerable youth and say, “Hey, we want you to help us commit these crimes, but don't worry; nothing can happen. You might get a record, but that's it. You won't ever go to jail. There are no consequences for your actions.”
At the same time that this is going on, we have a cost of living crisis in our country, so that same youth might be having difficulty finding a place to live, or he might be living with 10 other people in a one-bedroom apartment. That youth, then, is likely struggling to buy groceries, and so—
I just want to continue with my line of thinking here. Because of some of the things that are happening in our country—you can go all the way back to things like the cost of living, the terrible inflation we have and the difficulty people are having in finding houses—we have youth in our country who sometimes don't have a lot of options for how to feed themselves, and they are vulnerable. Then, at the same time, we have laws that have been relaxed, making them less onerous, I guess. We're making it easier to commit crimes without fear of consequences. These are things that have been done by the current government.
Then, we have cartels and gangs that see an opportunity. In the case of this story, the allegation is that Mexicans are coming to Canada and then getting smuggled back into the U.S.A. Cartels are all about making money; that's their primary goal. They don't care how they do it, and they don't care whom they hurt in the process. That's not their concern. What they see here, then, is the lack of rules or the slackening of our rules. The loopholes that this government has created in our rules have created vulnerabilities in our country. The cartels are very creative when they look at how they can best make money, so they see these loopholes. They see the lessening of laws as an opportunity for them to exploit people.
We have to remember that there's no love lost for cartels here. The terrible part, the tragedy in this, is the people who get unwittingly involved in this, the youth and others who are involved in the crimes.
Oftentimes, as I've said before, it can be women and girls who are trafficked into all kinds of slavery and prostitution. It's not that they went looking for it. It's not something they even wanted, but they end up there because we allow cartels and gangs to have this power. We've neglected to put proper laws in place and proper consequences to breaking the law.
That's what we're hearing from this article, and that's why we think it's important that we hear from the on this and get his take. As my colleague pointed out, there are some very troubling inconsistencies in the testimony we heard from the government itself and from what was said when the was here with the officials versus what we're reading in this article. There are questions we need to ask. Maybe, as was said by my colleague, they were just mistakes or inadvertent things said in error. I'm not sure, but we need to find out. Were there actual reports? Is there proper documentation of this?
The article is not necessarily naming a specific cartel, but—and this is from the article—“members of organized crime groups have been identified as being involved.” This is something that's very serious. It's something we need to look at, I think, urgently at the committee. It doesn't have to take a long time, as is pointed out in this motion.
We always talk about having the here, but we also need officials, because we need to understand at a deeper level what's being done and get to the truth. The most important thing here is that we have a conflict between what was told to this committee and what we're reading here. I think that's something that we as committee members should be very concerned about.
Mr. Chair, you should be concerned about this as well, because we want to protect the integrity of the committee here in that we get information that allows us to understand the situation and make good decisions. When that's in question, that's not good for anybody. It's not just bad for our committee; it's bad for all committees. We need to make sure that the information we're getting here is accurate.
That's why I think that this is an important motion and an important, quick study we can do, and I give my support to my colleague in doing this.
With that, I will end.
:
Thank you very much, Mr. Chair.
I have to say how disappointed I am for this committee to be at this juncture, where we have a very special witness, the special rapporteur, whom we've been trying to get to this committee for some time now. We had to cancel previously because of technical difficulties, and we finally have him here on this very important study on exploitation, which is not too far from the whole issue of human trafficking. When people are exploited in their work environment, that is something we should take seriously. If the immigration system facilitates that process, we should be hearing witnesses on this issue and on how to address it. We have a special rapporteur who's come to Canada to study this issue and is willing to offer his expertise and his learnings to this committee so that we can better address these issues.
We now have a situation where the Conservatives are moving a motion in the middle of the special witness's presentation and discussion with us. I think that's not courteous, to say the very least, especially in light of the fact that after this first hour, we will have time to do exactly that. I can't tell you how disappointed I am, and disgusted, frankly, with this tactic and this approach.
That's not to say that the issue under discussion with this motion is not an important one. I would even be willing to consider it, but not at this time. We need to cede this time to the rapporteur so that we can get this work done. We need to hear his expertise and complete that work, so that we can get on with the report and make the necessary recommendations to the government.
I just want to echo my colleague's comments. I'm not going to weigh in on what our colleague is moving forward, because it's also a really important study to do, but as my colleague said, we've waited weeks and months to get the special rapporteur here in our committee. We're now wasting the time that we could be using to speak with him with another motion that we could talk about later. We would have much better conversations on this motion if we moved it later. Right now, I think we should finish our committee.
Earlier, my colleague Mr. Redekopp was talking about the fact that we have so many things on the go and are unable to actually get anything done. This is one example of why we're unable to move forward.
Mr. Chair, I move that we adjourn debate on this. We can come back to this later, after we finish with the special rapporteur. We've invited him twice, and he's taken the time to be here. I think this is important.
I appreciate the member opposite's motion. However, given the importance of having invited the UN special rapporteur, the topic of closed work permits, the issues at hand with seasonal workers and the report that was put out about this, it puts us in a position where we should and must discuss and debate this UN special report finding so we can have a better understanding of what direction they're looking at for this closed work permit issue.
To me, it is so important that we treat our workers fairly. I believe we treat our temporary foreign workers, seasonal workers and farm workers fairly in Canada. I'm not saying there are no bad apples, but the bad apples are small numbers. We should look at our temporary foreign workers, respect the work they do and welcome them here, because without them, we are not going to put food on our tables. They are a very important cog in the wheel of our system.
For us to bring this motion up at a time when we have such an important person—one we tried so hard to get to speak at this committee—is not good for us. It shows a lack of respect for the special rapporteur, and for his busy schedule and his time. I think the topic we are discussing here is important. We should look at that and give him his due respect.
Why don't we take a vote on this matter, Mr. Chair?
:
Thank you very much, Mr. Chair.
Of course, that is the ruling that you would come up with because it is the rule. Thank you, again.
I just want to finish some of the questions that I had earlier, Mr. Obokata.
Our farmers in Canada have gone through a great deal. I know we're talking about the type of process we have here and the closed system we have, and there are reasons for that. I acknowledged that in my earlier remarks.
To have it as a normal practice—I think that was Mr. Obokata's answer—to make a preliminary statement rather than publishing your assessment and recommendations in the full report is concerning.
I've tried to make the point that it was so important to meet with farmers, and I just want to ask another quick one as well.
To the special rapporteur, you mentioned in one of your other answers that you met with the shellfish industry as well. Did you meet with any of the fishermen?
:
You were here only for 14 days. I get that.
Can you put a numeric figure to this claim? You said that.... We looked at that, but I guess you weren't able to put a number to those you'd met.
I'd like to go back to the employers in Canada and why it was so important to meet some of these fishermen and the farmers. You mentioned that there are other industries that you felt had this form of slavery involved here in this country as well.
Employers in Canada who take on temporary foreign workers are required to fill out a labour market impact assessment. They're also required, in many cases, to pay for the transportation to and from Canada of these individuals, and they have to provide proper housing. All of this comes at a significant financial and time cost to the employers.
Now, if we're going to go with the suggestion that you're making in regard to open contracts, why would these individuals even go this route with the investment that they've made? We already have situations where, if the employee isn't happy, they can go to another employer.
Can you give me an answer as to how many farmers you've personally interviewed in your investigation in regard to that?
I would like to thank the special rapporteur for taking the opportunity to answer questions on this really important study that we're doing.
I also want to recognize the seriousness of the claims of migrants who have been abused, as well as the fact that there are a lot of ethical farmers in our country who are doing their best to care for their employees.
Based on the report that you put together, one of the biggest problems is that temporary foreign workers aren't aware of the measures and programs available to them if they're in an abusive situation. One of the programs I can think of is the open work permit for vulnerable workers, in particular, but there are many others as well.
Would you have any recommendations on how the government can increase the awareness of these programs? For example, the Canadian Centre To End Human Trafficking, Covenant House Vancouver, and FCJ Refugee Centre have recommended that employees participate in things like paid workshops performed by independent organizations. That's to ensure that Canadian embassies and consulates provide information on labour rights to workers before they arrive in Canada.
Are there any other recommendations that you can make on this?