Canada vows support for law named after Pinay caregiver

A Canadian minister vowed to push for legislation, named after a cancer-stricken Filipina caregiver who died earlier this year, which would protect migrants’ immigration status in Canada.

Canadian Minister of Citizenship, Immigration, and Multiculturalism Jason Kenney said they are keen on improving the rights of migrants working under the Live-in Caregiver Program (LCP) in Canada. “Our government fully supports the ‘Juana Tejada Law.’ We propose to implement this change in her honour, to ensure that no one else has to endure this same painful experience," said Kenney in an article posted on their Immigration website. The ‘Juana Tejada Law’ aims to protect the rights of migrant caregivers who wish to obtain permanent residency in Canada after a prescribed period. The law eliminates the requirement for live-in caregivers to undergo a second medical examination when applying for permanent residency, which Tejada has fought for until her last days. Tejada was lured to work in Canada in 2003 under the Live-In Caregiver Program (LCP), which grants foreign workers permanent residency— and an opportunity to petition their entire family — upon fulfillment of their three-year assignment as well as necessary medical and criminal clearances. But when doctors discovered her illness during a routine medical check-up in 2006, Juana learned the bad news: she only had a five percent chance of surviving cancer after five years. Determined to give her family a better life, Juana appealed to waive the good-health requirement for humanitarian reasons. Her petition was denied twice. Eventually, following a public campaign, Canada’s immigration department yielded and granted Tejada her permanent residence on July 17, 2008. Added benefits Another proposed change will allow live-in caregivers who work overtime to apply for permanent residence after 3,900 work hours—the equivalent of working a standard work week for two years. Currently, live-in caregivers must work for two years within the first three years of entry into the program before they can apply for permanent residence. This may not be met in the event of pregnancies or loss of employment. “These important changes help fulfill Canada’s duty to those who care for our young, our disabled and our elderly," Minister Kenney said. “The Government of Canada is taking action to protect foreign workers from potential abuse and exploitation." Other administrative changes will require employers of live-in caregivers to pay for their travel costs coming to Canada, medical insurance, workplace safety insurance, as well as recruiting fees. Employment contracts will also have to spell out these employer-paid benefits, including clear outlines of job duties, hours of work, overtime and holidays, sick leave, and termination and resignation terms. The Citizenship and Immigration Canada (CIC) is set to help improve information packages and set up a hotline for live-in caregivers in Canada. The announcement of the changes was built on recently proposed changes to Canada’s Temporary Foreign Worker Program. These include the provision of a blacklist of employers proved for unjust employee treatment accessible via the Citizenship and Immigration Canada website to inform workers of ineligible employers. The LCP helps Canadians recruit caregivers to live and work in the homes of those they care for in order to provide child care or support for seniors or people with disabilities. The program facilitates the entry of qualified caregivers into Canada when there is a shortage of Canadians or permanent residents to fill available live-in caregiver positions. Because of Canada’s aging population, the program is expected to grow in the years ahead. In 2008, Canada admitted 12,878 live-in caregivers. The proposed changes to the LCP will be published in the Canada Gazette on December 19 for a 30-day comment period open to all Canadians, after which final regulatory changes will be published. - Nikka Corsino/ JHU, GMANews.TV