FORT MCMURRAY, Alta (Canadan OH&S News) -- A backhoe operator has drowned in an accident on September 3 at a tailings pond at Canadian Natural Resources Ltd's (CNRL) Horizon Oil Sands Project site in Alberta.

At around noon, Richard Boyd Boughner was operating a Caterpillar 235 floating excavator approximately five metres from the shore of the tailings pond when the backhoe flipped onto the operator's side and fell into the pond, reports Barrie Harrison, a spokesman for Alberta Employment and Immigration. The backhoe then sank to a depth of about three metres. Boughner, a 47-year-old from Love, Saskatchewan, was a contract worker employed by Clayton Construction Co Ltd of Lloydminster, Saskatchewan.

Workers from CNRL's emergency response team were on the site - north of Fort McMurray - within twenty minutes of the incident, says Peter Janson, vice-president of engineering integration for the project. "Luckily, we had some divers at site on some other work, and we were able to redeploy them and basically get them to the scene," he says. The CNRL team was joined by RCMP officers, and the body of Boughner was recovered at 1:40 pm.

An RCMP release notes that "equipment upsetting" may have been involved in the accident, but Harrison says that the cause of the accident has not yet been determined. Referring to the investigation, Harrison says, "I don't think [that any conclusions can be drawn] until they can remove the machinery, do tests, along with our regular processes of interviewing any witnesses and other employees.... It could be a while before we determine the cause." For its part, CNRL is conducting its own parallel investigation, Janson adds.

The site where the accident took place is once again operational, says Janson. The backhoe itself remains in the pond as of press time as CNRL engineers work on an extraction strategy.

This tragedy comes sixteen months after two serious incidents at the Horizon site involving the collapse of the roof structure at an oil tank erection site. The first of these accidents, on April 24, 2007, claimed the lives of two Chinese temporary workers and injured four others (COHSN, May 7, 2007). On May 12, 2007, the second roof structure collapsed, although no workers were injured as the area was still under a stop work order from the previous accident.

Janson maintains that the accidents are unrelated, citing the vast separation between the two projects in both scope of work and distance (the sites are roughly five kilometres apart).

While an oh&s report on last year's accident has been completed, says Harrison, "Alberta's crown prosecutors are currently reviewing the file to determine whether charges are warranted." Harrison notes that the report will not be released until that decision is made.

Alex Pannu, Director of Public Affairs for the Christian Labour Association of Canada, a union representing many workers on the Horizon site, says that they "will work with the company and Alberta Occupational Health & Safety on the investigation, and certainly if there's anything that can be improved, we'll be there with our health and safety committee to look into that." Pannu, however, notes that as a contract worker, Boughner himself was not a union member.

Incident highlights need for oversight: AFL

For Jason Foster, director of policy analysis at the Alberta Federation of Labour, this latest incident highlights the need for greater oversight by Alberta Employment and Immigration on the Horizon site.

Says Foster, "They allow far too much self-enforcement and self-monitoring of safety procedures, and clearly, at least on this site, it doesn't seem like that's working."

The Horizons Oil Sands Project is located 70 km north of Fort McMurray, and is anticipated to produce up to 500,000 barrels of synthetic crude oil per day when the project reaches full capacity.

Canadian OH&S News, Sept 16, 2008

A survey released by Canadian LabourWatch Association found unions are irrelevant and their leaders out of touch, but one union leader believes this view of the results is biased and distorted.

LabourWatch hired Nanos Research to conduct a telephone survey of 1,000 employed Canadians between July 27th and Aug. 6th.

One of the most important findings of the Nanos survey is that 77 per cent of non-unionized working Canadians are not interested in being unionized.

The survey also found that more than 25 per cent of currently unionized respondents said they would prefer not to be unionized, if given the choice.

"These results speak for themselves" said John Mortimer, president of LabourWatch.

"Union leader positions on a range of issues are contributing to this continuing slide in both interest and actual union representation."

A spokesperson for union workers in Alberta has a very different interpretation of the survey commissioned by LabourWatch.

"It (LabourWatch) is a who's who of anti-labour organizations that exists to undermine unions and get them off work sites," said Gil McGowan, president of the Alberta Federation of Labour.

"When you look at this poll, you must consider the source. This is a laughable group that must not be taken seriously."

McGowan said Nanos is a reputable research firm, but it is clear that the questions have been written in such a way as to encourage negative responses to unions.

"Even with this bias approach the survey shows that 75 per cent of the people polled are happy with and support their union," said McGowan. "This is a higher approval rating than any provincial government in Canada and higher than the Harper government. As a labour leader these figures suggest we are on the right track."

In response to the survey's finding that people are not interested in union membership, McGowan argued that the restrictive labour laws in Alberta were the main reason more people are not being able to join a union.

"LabourWatch is not the only organization looking at or asking these types of questions," explained McGowan. "Our own internal survey shows that 30-40 per cent of the people who are not currently unionized would join a union if they could."

Another finding of the survey was that 84 per cent of working Albertans disagreed with union leaders using union dues to pay for advertising campaigns opposing political parties. Almost 70 per cent of working Albertans also disagreed with unions contributing to groups advocating causes unrelated to the workplace.

"The results clearly indicate that workers are rejecting the heavy handed tactics and negative rhetoric of union leaders who claim to speak for all working Albertans, said Stephen Kushner, president of Merit Contractors Association. "The recent provincial election in Alberta which saw the Alberta Building Trades Council (ABTC) and the Alberta Federation of Labour (AFL) spend millions of dollars on attack ads is a case in point."

In the run up to the Alberta election on March 3, the ABTC and the AFL sponsored a campaign called 'Albertans for Change'. The main aim of this campaign, which began before the election was announced, was to question the leadership abilities of Conservative party leader Ed Stelmach.

Union leaders did not disclose the cost of these so-called attack ads. However, critics of the campaign estimate the cost at $1 million for prime-time TV spots and full-page newspaper ads.

McGowan said the decision to spend union funds on the election campaign was made after going through a very democratic process. The union leadership consulted the grass roots and was fully accountable to members.

Despite this fact, McGowan is concerned about the direction the Conservatives are taking public policy on union dues and political campaigns.

"They (Conservatives) will probably get their wish on this one," said McGowan. "The will issue legislation this fall to reduce the unions ability to spend money during an election."

Journal of Commerce, Mon Sept 15 2008
Byline: Richard Gilbert

With another federal election at hand, the construction industry is concerned about the stability of government investment and the possible implementation of the carbon-tax.

After meeting with the Governor General Michaëlle Jean at Rideau Hall on September 7, Prime Minister Stephen Harper said Canadians will head to the polls in a general election on October 14.

Harper's Conservative party has been in power since January 23, 2006, when it won a minority of seats.

Representatives of the B.C. construction industry believe a majority government is needed to maintain a consistent level of government spending and policy.

"We hope the outcome of the election doesn't detract from current construction activity levels, said Manley McLachlan, president of the B.C. Construction Association.

"It would be an asset to the industry if the end result of the election brings stability to government programs and initiatives.

In western Canada there is more at stake than there ever has been, due to the fact that we are leading the country in economic growth."

Heading into this election, the Conservatives held 127 seats, while the Liberals had 95.

The Bloc Québecois had 48 seats, the New Democratic Party 30, and there were three Independent members of Parliament.

"I think most people want a majority government, but the election may not result in that," said Philip Hochstein, president of the Independent Contractors and Businesses Association of B.C. "The Conservative's policies have been good for B.C. and the construction industry, because they lowered the GST as well as corporate and personal taxes. They have helped apprentices by giving them a tax break. And most importantly, they have invested in infrastructure.

Hochstein argues that the election is about who is best for the construction industry and the Conservatives have certainly done well on the industry's behalf.

Harper began his campaign by taking direct aim at the Liberals, led by Stéphane Dion, and their promotion of a new carbon tax. The conservatives argue that the new tax will place a heavy burden on families and constrain economic growth.

"This tax is essentially a flow-through tax for the construction industry, which is resilient in adjusting to rising costs, whether materials or labour," said McLachlan. Costs are incorporated into the cost of the service being offered. The carbon tax could affect economic growth at this time and place given the uncertainty around some elements of the industry."

If elected, the Liberal government would levy $15.4 billion in new taxes on Canadian industries that produce high carbon emissions. According to the Liberal's plan, the higher prices for energy would be offset by broad-based tax cuts.

"We are not opposed to the federal government taking more aggressive action on climate change, it's just a question of how it is done," said Gil McGowan, president of the Alberta Federation of labour. "We support the implementation of a carbon trading system, which is now being discussed in B.C. and Manitoba."

McGowan is concerned that the federal government and Alberta government are not engaged in the current discussions on the carbon trading system.

"The Harper government has done nothing on this file and continues to fiddle as Rome is burning," said McGowan. "This does not mean we agree with everything the Liberal's do, but doing nothing should not be considered an option. Whatever approach we take to climate change has to balance the need to protect the environment and the need to maintain a healthy economy."

Journal of Commerce, Wed Sept 10 2008
Byline: Richard Gilbert

The Labour Day weekend offers Albertans one last gasp at summer before the busy times of fall are upon us. And we should all take a well-deserved rest. When you work hard, like Albertans do, you deserve a moment to relax and appreciate your hard work.

I only wish I could say the same thing for the Alberta government. On the employment standards file, their inaction has become an embarrassment.

The Employment Standards Code is the law that sets up the basic protections for workers in the workplace, setting such things as minimum wage, hours of work, vacation entitlement and so on. Alberta's Employment Standards Code has remained essentially unchanged since 1988.

The workplace has evolved significantly in the last 20 years, but our law has not. The government recognized how out-of-date the legislation is and back in 2005 launched a massive consultation to revamp the code.

Yet, nothing came of it. Not a single amendment. Not a single improved provision. Complete inaction. The consultation just faded away.

Admittedly, employment law can be controversial. Employers and workers have justifiably different visions of what the code should look like. So maybe the government decided to avoid the heat and leave it as is. A little cowardly, maybe, but understandable given how politics works.

However, the Alberta Federation of Labour recently received a document through Freedom of Information that suggests government inaction cannot be pinned on Alberta's workplace participants.

We fought for two years to get access to a public opinion survey conducted during the consultation about what employers and workers thought about the employment standards code. The Commissioner ordered its release this summer. The fact the government witRating 2eld for more than two years a document as simple as a poll is a telling statement about accountability and freedom of information in this province, but that is another column.

The results of the survey, which randomly polled 400 employers and 400 workers across Alberta, are surprising. On most issues raised, employers and workers agreed on what needed to happen, and overwhelming the message is that our basic employment laws need to change.

For example, 77 per cent of employers and 82 per cent of workers said that the code should provide for unpaid general leave for workers needing to tend a family emergency, attend a funeral or care for a sick relative. A majority of both groups (56 per cent and 68 per cent, respectively) believe workers should be paid for statutory holidays, even if it falls on their day off. Neither provision is in the code currently.

The agreement even extended to the so-called "controversial" issues such as 12-year-olds working and farmworker exemptions to the code.

Albertans will remember that in 2005, the Alberta government changed the rules to allow children as young as 12 to work in restaurants. A majority of both employers (56.5 per cent) and workers (50.2 per cent) stated they thought the government was going in the wrong direction on this issue -- saying that kids as young as 12 were too young to be employed. It is particularly interesting to note employers were more opposed to 12-year-olds working than workers were.

In the case of farmworkers, the Employment Standards Code currently excludes this group of workers from most protections. Farmworkers have no right to a minimum wage, to limits on hours of work, to overtime pay or to statutory holiday pay. They also are not protected by the Occupational Health and Safety Act.

Only 15 per cent of employers and 16 per cent of workers believe these exemptions are fair. The vast majority of Albertans want some or all of the exclusions removed. In other words, Albertans appreciate that farmworkers have as much right to basic protections as the rest of us. The poll also revealed Albertans want some consideration for family farms, demonstrating they know the difference between a small family operation and a big industrial farm.

Too bad the Conservatives can't see the difference.

I could go on and on with evidence from the poll, but the overall message is clear -- Albertans want the government to move on updating the code and fixing its more glaring inequities. So why haven't they?

I don't believe governments should govern by poll, but this is not a case of being driven by polling. The changes Albertans are asking for also make good sense. They are fair and reflect the modern realities of work in Alberta. And how often do you get employers and workers agreeing about things?

On the issue of employment standards, Albertans are way out in front of their government. The Conservatives need to snap out of their summer slumber and fix the Employment Standards Code. We need to see amendments to the code in the upcoming fall sitting.

It is time to bring our code into the 21st century and up to the level that Albertans expect.

Edmonton Journal, Mon Sept 1 2008
Byline: Gil McGowan

Unite to prevent exploitation, improve conditions for Canada's rising number of temporary workers

Last fall, in a dingy boardroom in Ottawa, a group of union leaders sat uncomfortably with migrant worker advocates to discuss Canada's growing use of temporary foreign workers to fill labour shortages.

Union reps in construction trades, food and service industries raised concerns over migrants' substandard credentials and displacement of union jobs, while advocates complained about Canada's protected labour market and employers who exploit foreign workers.

"There was definitely discomfort and tension in the room," recalled Karl Flecker, a national director of the Canadian Labour Congress, who was at the meeting. "It was a frank dialogue, but people were cautious of one another."

Despite their differences, they formed an alliance and have been meeting regularly to discuss labour rights, strategize political lobbying, share information on corporate abusers and unscrupulous recruiters and build bridges with migrant-sending countries - a counterforce, they say, against the globalization of cheap labour.

Increasingly, the union movement has been turning its attention to the plight of migrant labourers and temporary foreign workers as their numbers increase and, in many cases, their poor working conditions come to light.

While western countries often use immigration to address labour shortages and maintain population growth, more and more they're relying on temporary guest workers.

In Canada the number of foreign temporary workers has risen from 122,848 to 165,198 in the last two years, while the number of landed immigrants dropped from 262,240 to 236,758, in the same period.

"I don't believe that if these workers were given the same rights and wages as Canadian workers, our employers would be as interested in bringing them in," said labour studies professor Charlotte Yates of McMaster University.

"It is a cheap labour policy," she added. "There is a danger that if we increase the number of migrant workers, we increase the number of vulnerable workers. It is going to affect Canada's overall labour market, pushing down wages."

Although Canada has just launched the Canadian Experience Class to allow foreign workers and international students on temporary permits to apply for permanent status from within Canada, those in low-paying and unskilled jobs - often the most vulnerable due to their lack of English and education - are still excluded.

With federal and provincial governments eager to respond to employers' needs, but slow to protect foreign workers, critics like Yates say unions have a key role to play.

But some, like John Mortimer, president of Labour Watch, a union watchdog, said migrant workers must take responsibility as well and do their own research before taking a job abroad. Labour organizing may not be a solution, he added.

"Some union leaders ... believe any worker is better off unionized than not. They are a business. It's more revenue," he said. "They accept that the temporary foreign worker programs are a reality, so they move to represent them, even though they may ... think they are taking jobs from Canadians."

Still, unions have made progress in organizing Canada's migrant workers in spite of legal limitations placed on unionization and high turnovers among certain fields.

This summer, the United Food and Commercial Workers signed a contract that included 70 migrant workers with Winnipeg's Mayfair Farms. In May, the Canadian Steelworkers Union and Migrante Ontario, a grassroots advocacy group, launched the Independent Workers Association (Home Worker Section) to offer live-in caregivers discounted legal counselling, insurance and dental plans.

Last year, the Alberta Federation of Labour set up an advocate's office to collect data and assist temporary foreign workers with complaints against employers.

"The unions are basically doing what the governments should be doing," said Stan Raper of the food and commercial workers' union, which last year forced a Red Deer, Alta., hog plant in a collective agreement to fund workplace training and a community integration program for 240 migrant workers from the Dominican Republic, Guatemala, Philippines and Ukraine.

The contract also made the employer sponsor 190 of the workers as landed immigrants through the Alberta Provincial Nominee program. Today, more than 75 have received their immigrant papers.

The B.C. government and Service Employees' Union is working with counterparts in 14 other countries to prepare foreign-trained health-care workers on Canadian working conditions, labour rights and basic settlement needs through multilingual education materials abroad.

"With globalization and transnational migration, you can only raise awareness and improve labour conditions by building bridges with workers in other countries," said Lorene Oikawa, the B.C. union's vice-president.

Despite the effort, Chris Ramsaroop of Justice for Migrant Workers said many foreign workers are still too afraid or too busy working to join the movement.

"It is very difficult to organize them because they are so isolated," said the community worker.

"We have a more racialized migrant workforce than ever. Canada's unions must develop more creative ways to ... include them in the labour movement."

Toronto Star, Aug 27 2008
Byline: Nicholas Keung

Journal of Commerce, Aug 20 2008
Byline: Richard Gilbert

Unions and contractors in Alberta disagree about the merits of a new federal government immigration program.

Minister of Citizenship and Immigration Diane Finley outlined recently the details of a proposal, which targets temporary foreign workers (TFWs) and foreign graduate students.

It will allow applicants with managerial, professional, technical or trade work experience to become permanent residents and eventually Canadian citizens.

"Choosing newcomers based on knowledge of our labour market and experience within Canadian society would make Canada a more attractive destination for skilled individuals from around the world," said Finley.

"International students and skilled workers would be more likely to choose Canada if they knew their time in Canada and contribution to Canadian society would assist in their eligibility to apply to stay permanently."

The program is open to TFWs with at least two years of work experience and graduates of post-secondary programs lasting at least two academic years, provided they have at least one year of work experience.

The Alberta Federation of Labour (AFL) is extremely critical of the federal government's proposed new measures to fast-track citizenship for only certain classes of TFWs.

"By restricting this benefit to only professional, technical and skilled occupations, the government is setting up a permanent underclass of unskilled temporary foreign workers who will be deprived of the rights to citizenship being extended only to elite workers," said Gil McGowan, Alberta Federation of Labour president.

"The great majority of temporary foreign workers in Alberta do not fall into the privileged O, A and B designated occupations."

Only 14,842 temporary workers or 39.8 per cent of all TFWs in Alberta would have been included in this program in 2007, according to McGowan.

This means 22,415 other, lesser skilled temporary foreign workers would have been excluded.

He said the federal government has left out unskilled service sector workers and labourers (level D), which is the fastest growing occupational category for TFWs in Alberta. In 2007, this category accounted for 6,338 workers.

McGowan argued that the government is creating a class of exploited workers, who can be endlessly cycled back to their home countries when their work in Canada is done.

Merit Contractors Association strongly disagrees with the AFL's position and supports the federal government's proposal.

"What McGowan doesn't understand is the federal government is constipated," said Bill Stewart, vice president of Merit.

"There are about 900,000 people waiting for admission to Canada for landed immigrant status. This is a six-year backlog. The system needs a laxative."

Currently, there is no immigration pathway that values experience in Canada as a key indicator of a newcomer's likelihood to succeed.

The federal skilled worker program is the most important avenue available for people who want to become permanent residents.

It was designed for overseas immigration and does not focus on Canadian experience.

Skilled tradespersons and TFWs may not qualify to immigrate under this program because they often lack sufficient formal education to qualify.

Critics also argue that the program is being compromised by long waiting times caused by the backlog of applicants being processed at Canada's missions abroad.

Stewart explained that the latest numbers he has from Citizenship and Immigration Canada (CIC) show that only 524 skilled trades people were admitted as landed immigrants in 2003 and 2004.

The Canadian Experience Class was announced in the 2007 budget and is a key element of the Harper government's immigration plan.

CIC estimates that 10,000 to 12,000 people will come to Canada in 2008 under the program.

"How many of these workers will come to Alberta?" asked Stewart.

"If we assume 1,000 people come to Alberta, this is still a drop in the bucket."

According to the Construction Sector Council, 31,035 workers will be needed for Alberta to keep pace with investment new construction projects between 2008 and 2016.

Another 21,271 workers are required to replace retiring baby boomers in the same period.

Canada helping temporary foreign workers and foreign students to get residency

Last week the Canadian Department of Immigration and Citizenship announced the details of the proposed Canadian Experience Class, which helps temporary foreign workers and foreign student graduates get residency visas in Canada.

Canadian Visa Bureau, August 20, 2008

The new avenue for Canadian residency visas will mean work experience will have more weighting when the Immigration Department is considering a person's application for residency.

The Canadian Experience Class will help foreign nationals on a Canadian work permit or a Canadian study permit to use their managerial, professional, technical or trade work experience as points towards their applications for residency and citizenship.

The applicants using the Experience Class will still need to prove their English language ability and their occupational skill level. Final changes to the Immigration Bill will be made after a 15-day review period.

"The Canadian Experience Class is one more measure this government is proposing to make our immigration system more attractive and accessible to individuals with diverse skills from around the world, and more responsive to Canada's labour market needs," said the Minister for Immigration and Citizenship Diane Finley. "This new proposed avenue for immigration would also go further to spread the benefits of immigration into smaller centres across Canada."

The Minister is hoping that the changes will encourage more people to stay in Canada permanently and attract more skilled workers to the country.

"Choosing newcomers based on knowledge of our labour market and experience within Canadian society would make Canada a more attractive destination for skilled individuals from around the world," added Minister Finley. "International students and skilled workers would be more likely to choose Canada if they knew their time in Canada and contribution to Canadian society would assist in their eligibility to apply to stay permanently."

However, according to the Journal of Commerce, the Alberta Federation of Labour (AFL) has raised concern about the proposal.

"By restricting this benefit to only professional, technical and skilled occupations, the government is setting up a permanent underclass of unskilled temporary foreign workers who will be deprived of the rights to citizenship being extended only to elite workers," said Gil McGowan, Alberta Federation of Labour President.

Alberta is desperate for more skilled workers to move to the region; currently 900,000 skilled workers are waiting to get visas approved to move to Canada and Alberta are will be needing around 50,000 of them. According to the news provider, the Construction Sector Council has said 31,035 skilled workers will be needed to maintain development progress over the next eight years and a further 21,271 workers will be needed to replace the retiring baby boomer generation.

In related news, the Canadian Government has also recently amended the Post-Graduation Work Permit Program, the Foreign Credentials Referral Office, improved resettlement programs, and streamlined the application process for skilled migrants so that more skilled workers and temporary workers can contribute to the Canadian community.

Applicants could address Alberta skills shortage

This week, federal Immigration Minister Diane Finley announced plans to fast-track immigration applications from skilled temporary foreign workers already employed in Canada -- and for foreign students who've graduated from Canadian universities, colleges and technical institutes.

It's a move that's long, long overdue.

Right now, foreigners here on temporary permits for work or study generally aren't allowed to apply for landed immigrant status from within Canada. Unless they are sponsored to work here by an employer under the provincial nominee program, they have to go home first and start the immigration process from abroad.

One of the few exceptions to that rule has been made for live-in caregivers, such as nannies. But up until now, if you were a nurse or plumber or pipefitter or engineer or chef or chartered accountant, you often had to leave Canada in order to reapply for admission.

On average, it takes about six years for someone applying to come here as a skilled worker to get his or her immigration application processed -- and there are some 600,000 people waiting in the queue.

At a time when we're desperate for skilled workers -- nowhere more so than in Alberta -- it's been a ludicrous situation.

We've had a resident population of new graduates, trained professionals and tradespeople, and we've been routinely kicking them out of the country and forcing them to the back of the line.

As a result, we've lost many potential Canadians, who could have brought their education, expertise, creativity and experience to our economy and culture.

But as of this autumn, skilled workers with two years of Canadian work experience, or foreign graduates with one year of work experience, will be able to apply to immigrate without leaving Canada. And they'll get extra credit for the time they've spent here.

Danielle Norris, with Citizenship and Immigration Canada, says those who qualify under this new Canadian Experience program will have their applications processed in months, not years.

"It doesn't mean that anybody who applies for it is going to get it," she says.

Applicants will still have to pass security and health clearances, for example.

Norris says Ottawa hopes the program will bring 25,000 skilled and educated new immigrants to Canada over the next five years.

Here in Alberta, where we seem to have a shortage of every kind of worker, the province is cautiously optimistic about the proposal.

"We still are getting a commitment on processing timelines, but anything faster is an improvement," says Janice Schroeder, with the provincial Department of Employment and Immigration. "We need skilled people. To be able to keep available, skilled people? We're happy about that."

Capital Health, this region's largest employer, is happy, too. Angie Harwood, Capital Health's senior director of human resources, says the new system could benefit "a couple of hundred" of its current international workers, particularly nurses and physicians.

"It's a win-win," she says. "It's going to be helpful for recruiting and helpful with retention, getting people to stay. It's difficult to change countries. Anything that eases the process helps."

The Alberta Federation of Labour doesn't see it that way. As of Dec. 1, 2007, it points out, there were 37,257 temporary foreign workers in Alberta. Of those, 14,842 were classed as professional or skilled workers, 15,187 were categorized as unskilled, and another 6,981 were labelled as unclassified or job unknown.

Gil McGowan, the AFL's president, says it's wrong to create a two-tier system that discriminates against unskilled workers -- who are the majority.

"We're in the process of creating an underclass of workers who don't have the same rights and privileges as other Canadians," he says. "If we need people, then they should all have the same right to come here as prospective citizens rather than disposable workers.

"This program flies in the face of Canadian values and the best Canadian traditions. If we'd had the same rules 50 or 100 years ago, most of our ancestors wouldn't have been able to come to this country."

From a humanitarian perspective, I see McGowan's point. It might seem unfair to recruit people to work here as agricultural labourers or nursing aides and then give them second-class treatment when it comes to immigration.

But as a nation, we have a right to recruit, target and fast-track the people with the talents and skills we need most, who will add the most, long term, to our economy and society.

And while the AFL calls the Canadian Experience class program elitist, it will also give preferential treatment to skilled workers such as butchers, bakers, mechanics, tailors, miners, masons, plasterers, pipe fitters, court reporters, firefighters and police officers -- not just doctors and engineers.

That said, no honest, hard-working person who longs to come to Canada should have to wait for years just to get their application processed. This new program, welcome though it is, is a Band-Aid on a gaping sore, one small fix to a severely dysfunctional immigration system.

What we really need isn't so much a patchwork quilt of programs, but a fair, transparent and efficient process, that works for every would-be immigrant. Until then, this is at least a small step in the right direction.

[email protected]

First look

What Is the Canadian Experience Class Program? (Hint: it's not a course in eating doughnuts and watching hockey.)

- The program will allow managers, professionals and skilled tradespeople who have worked here for two years on temporary work permits to apply for landed immigrant status from within Canada.

- It will also apply to recent graduates of Canadian universities, colleges and technical institutions, who have studied here for a minimum of two years and who have at least one year of work experience.

- Applicants do not have to be nominated by an employer or province, or sponsored by a family member.

- Applications will be fast-tracked. Instead of waiting for years, applicants are promised an answer within months.

- The government expects 25,000 people to enter the country under the program within five years.

- Some of the occupations eligible under the program include lawyers, doctors, social workers, psychologists, senior managers, engineers, accountants, registered nurses, masons, underground miners, oil and gas drillers, gas fitters, chefs, bakers, fishermen, plumbers, electricians, auto mechanics, artists, actors, firefighters, cobblers, cabinet makers, teachers and veterinarians.

Edmonton Journal, Page B4, Thurs Aug 14 2008
Byline: Paula Simons

REGINA -- A pilot program to allow foreign workers to work temporarily in the hospitality industry in Saskatchewan and to potentially receive landed immigrant status has received business support but a skeptical  response from labour.

Tom Mullin, the president of the Saskatchewan Hotel & Hospitality Association, said the program is a good one and he has received numerous inquiries from interested restaurant and hotel owners since the program was unveiled by federal and provincial officials on Tuesday.

But Larry Hubich, the president of the Saskatchewan Federation of Labour, said the federation is worried about the possible exploitation of foreign workers from poor third world countries.

Foreign workers, desperate for a job and desperate to obtain Canadian citizenship, could be in a very vulnerable position if employed by an unscrupulous employer, Hubich said.

The record has not been good in Alberta, where there has more extensive use of foreign temporary workers, Hubich said, adding that the Alberta Federation of Labour has been involved in trying to help foreign workers exploited on the job.

Saskatchewan should put more emphasis on other strategies to address the labour shortage, like bring more aboriginal people into the workforce, Hubich said.

Mullin said the foreign workers will be protected by labour laws and will be entitled to receive the province's minimum wage or potentially even higher salaries.

Employers will have responsibility to ensure that appropriate housing is provided for the temporary workers, Mullin said.

Efforts are being made to involve more aboriginal workers, Mullin said. But the shortage of workers for the hospitality industry makes the importation of foreign workers necessary as well, Mullin said.

The original idea was that the program would primarily be for restaurants and hotels in Regina and Saskatoon, Mullin said.

But there is considerable interest in the program across the province, Mullin said.

"We've been getting calls from a lot of rural operators saying I'm (they) are desperate for help,'' Mullin said, in a telephone interview Thursday.

The program is a good one because it would give foreign workers from third world countries (like Mexico or the Philippines for example) the opportunity to make money on a temporary basis and to potentially seek landed immigrant status after six months work in the hospitality industry, Mullin said.

That would provide both short-term and potentially long-term benefits for the hospitality industry, he said.

Mullin said he anticipates most of the temporary workers would be from third world countries like Mexico or the Philippines and will be employed in restaurant kitchens or in the housekeeping departments of hotels.

Bonnie Morton, of the Regina Anti-Poverty Ministry, said that organization support giving immigrants the chance to live and work in Saskatchewan.

But there is concern that foreign workers sometimes have difficulty accessing benefits available to Canadian workers, such as employment insurance benefits, she said.

Foreign workers can also have trouble finding affordable decent housing, Morton said. And the escalation of housing and apartment rental rates in Saskatchewan over the past year makes that concern about affordable housing even more serious, she said.

Temporary foreign workers face some of the same problems, associated with a poverty level standard of living, experienced by Saskatchewan residenta working at low-paying jobs, Morton said.

"We need to make sure that people, when they work, can afford to live,'' Morton said.

Regina Leader-Post, Thurs Aug 14 2008
Byline: Neil Scott

Temporary foreign workers and international students with recognized skills will be able to apply for permanent residency from within Canada under a new immigration class announced yesterday.

Immigration Minister Diane Finley said the program will be implemented in October and is part of an effort to make Canada more attractive to skilled foreigners.

"We want to take advantage of those credentials, of their demonstrated ability to integrate into the Canadian society by giving them the opportunity to stay here on a permanent basis without having to leave," Finley told The Canadian Press.

But critics panned the program, predicting it will create two classes of foreign workers -- the elite eligible for the fast-track and many temporary foreign workers, such as labourers, factory workers, chefs and farmers, who will be excluded from the program.

Jason Foster of the Alberta Federation of Labour said he's worried it will create a "class" issue.

Workers included are classified as A- and B-level workers, which is dependant on skill level. So-called unskilled foreign workers are in the 'C' and 'D' categories.

Ottawa Sun, Wednesday, August 13, 2008

OTTAWA - Temporary foreign workers and international students with recognized skills will be able to apply for permanent residency from within Canada under a new immigration class announced yesterday.

Immigration Minister Diane Finley said the new program will be implemented in October and is part of the government's efforts to make Canada more attractive to skilled foreign workers.

"We want to take advantage of those credentials, of their demonstrated ability to integrate into the Canadian society by giving them the opportunity to stay here on a permanent basis without having to leave," Finley told The Canadian Press.

But critics panned the program, predicting it will create two classes of foreign workers -- the elite who are eligible for the faster residency process and the many temporary foreign workers, such as blue-collar labourers, factory workers, chefs and farmers, who will be excluded from the program.

Under the Canadian Experience Class program, qualified applicants will be allowed to seek permanent residency while continuing to work or study in Canada.

Under the old rules, they would have to leave the country and apply to immigrate.

"If they go back to their home country...quite often they can choose never to come back because it can take up to six years to get their application processed," said Finley.

The number of temporary foreign workers in Canada last year totalled 165,200, while 74,000 foreign students attended Canadians academic institutions.

For those seeking permanent residence, experience already acquired in Canada will be considered a bonus on their application.

Qualified applicants will also require at least two years of Canadian work experience and moderate or basic language skills.

The Conservatives first introduced this initiative back in 2007 and it is expected to affect approximately 25,000 skilled workers and students. Critics call the program unfair because it excludes many temporary foreign workers. Jason Foster, director of policy analysis for the Alberta Federation of Labour, said he's worried it will create a "class" issue.

The workers included in the changes are classified by Citizenship and Immigration Canada as A- and B-level workers, which is dependant on skill level.

So-called unskilled foreign workers are in the 'C' and 'D' categories.

"It's a bit of a joke really because the biggest expansion, especially here in Alberta, has not been the A's and B's, it's been the C's and the D's." "They are giving the break to the workers that don't need it as much . . . and leaving the C's and the D's out in the cold."

Times & Script, Wed Aug 13 2008