Program under development
Following a letter from Prime Minister Justin Trudeau asking the Minister of Immigration, Refugees and Citizenship (IRCC) to take action, the federal government is now preparing a program to regularize people without migrant status. Although the details of the program remain unclear, the government is looking at regularizing an estimated 500,000 non-status persons within Canada.

Who are non-status migrants?
According to organizations that work with persons lacking status, such non-status persons are generally people who entered Canada with status but then lost it at some point. Reasons for loss of status vary, but, in the majority of cases, status is lost either because a refugee claim was rejected or because the person was unable to renew their work or study permit. Similarly, if a person with a work permit associated with a single employer (a so-called “closed” work permit) leaves their job to escape abuse by that employer, they will lose status if they are unable to find another employer to obtain a new work permit. Loss of status is not a criminal act. Nonetheless, it results in an unanticipated administrative situation for many migrants.

Why regularization?
It is, first and foremost, for humanitarian considerations and out of respect for international law that the signatory organizations are calling for regularization of non-status persons. Since coming to Canada, having fled persecution and/or social or financial insecurity, these people have been living next to us and contributing to our society. Despite this, due to their lack of status, they often experience discrimination and abuse. Moreover, non-status persons cannot access public services to meet even their essential human rights requirements (in particular, basic health and living standards) and they live in constant fear of deportation.

This is like being punished for not having status. Yet, as stated in the United Nations Universal Declaration of Human Rights, the “right to leave any country” and the “right to a nationality” are fundamental rights, which are to be guaranteed to all people. In the spirit of the Declaration, many countries, including the majority of EU member states, have implemented regularization programs over the past decades – in many cases, on a recurring basis.

In view of humanitarian considerations and the requirements of international law, regularization is a reasonable demand. But it is also necessary to acknowledge the important, positive aspects of regularization for our society. And it ought to be noted that the majority of non-status persons in Quebec have already accumulated years of work experience, while working in Quebec. Many of them even continued to work through the COVID-19 pandemic restrictions, at substantial personal risk of infection. As such, their contributions to our economy and society have been essential. Their undeniable contributions during the current period of labour shortages must also be acknowledged. In terms of language and culture, these people have already begun to adapt to the customs and traditions of Quebec, to learn the French language, and to build new social networks, despite all the obstacles they face. Obtaining permanent status will permit them to assert their rights and improve their working and living conditions in health, safety, and dignity, and thus to participate fully in the social life of our society.

Declaration

In consideration of the factors listed above, the signatory organizations hereby declare:

• That the program currently under development be truly inclusive.

To accommodate these individuals’ diverse needs and contexts, a regularization program has to be inclusive. This must include keeping requirements to a minimum and simplifying the application process. Among other things, the precedent set by the so-called “Guardian Angel” regularization program – which, in the end, excluded the majority of those it originally targeted and thus worked against the “recognition of their essential contribution” – must be avoided. Further, there is great need for a comprehensive revision of the entire immigration system, in order to create more humane and inclusive programs that protect the rights of all people.

• That the Government of Quebec commit to implementing the program.

For this program to be implemented in Quebec, the Quebec government must commit itself to the process fully and in collaboration with Quebec civil society.

Struggles in common
The signatory organizations are committed to advancing this campaign together with other supportive organizations and individuals. Our next joint action is scheduled for November 6, in various locations throughout Quebec. Further activities will follow in the coming months.

Relevant Quotes

“We have lost status because the immigration system is complicated and restrictive, and does not protect us from abuses by employers, recruiters, and other underhanded persons. Not holding immigration status is not a criminal act, it is an administrative problem. Many countries in the world, such as Spain, Italy, Portugal, and Ireland, have set up regularization programs. So why not in Canada and in Quebec, in our own country, which is supposed to respect human rights?”

—Nina Gonzalez, Centre des travailleurs et travailleuses immigrants (CTTI – Immigrant Workers’ Centre)

“We demand a regularization program without exceptions or discrimination, and an end to deportations. We are a fundamental pillar of Quebec society and ought to be supported unconditionally!”

—Samira Jasmin, Solidarité sans frontières/Solidarity Across Borders

“Non-status people are vulnerable to all sorts of abuse by unscrupulous agencies and employers. It is our duty to ensure that their rights are respected. Regularizing their situation will also help us to address labour shortages and ensure the betterment of salaries and working conditions of the entire population. We must support permanent immigration and fight the rampant casualization that we have been witnessing now for several years. This is a question of equality and of social justice, but it is also a matter of preserving the social gains fought for by multiple generations of workers.”

—Katia Lelièvre, 3rd Vice-President, Confédération des syndicats nationaux (CSN)

“It is essential that Quebec partner with the federal government to ensure a successful program of regularization for non-status persons in Quebec.”

—Stephan Reichhold, Director, Table de concertation des organismes au service des personnes réfugiées et immigrantes (TCRI – Roundtable of Organizations Supporting Refugees and Immigrants

“The human rights of non-status persons and persons of precarious status are constantly violated: their right to work, their right to health, and sometimes even their right to life. Regularization of immigration status is an effective way to protect the rights of these persons. Amnesty International Canada supports the demand for a broad, inclusive regularization program in Quebec and in Canada.”

—Marisa Berry Méndez, Campaigns Manager, Amnesty International Canada (Francophone)

About

This position paper is supported by:

• Amnistie internationale Canada francophone
• Centrale des syndicats démocratiques (CSD)
• Centrale des syndicats du Québec (CSQ)
• Centre des travailleurs et travailleuses immigrants (CTTI)
• Centre justice et foi (CJF)
• Clinique pour la justice migrante (CJM)
• Comité d’action de Parc-Extension (CAPE)
• Conseil central du Montréal métropolitain–CSN (CCMM–CSN)
• Conseil régional FTQ Montréal métropolitain (CRFTQMM)
• Confédération des syndicats nationaux (CSN)
• Debout pour la dignité
• Fédération des travailleurs et travailleuses du Québec (FTQ)
• Illusion Emploi de l’Estrie
• Le Québec c’est nous aussi
• Ligue des droits et libertés (LDL)
• Médecins du Monde Canada
• PINAY
• Réseau d’aide aux travailleuses et travailleurs migrants agricoles du Québec (RATTMAQ)
• Solidarité sans frontières (SSF)
• Table de concertation des organismes au service des personnes réfugiées et immigrantes (TCRI)

For David Bergeron-Cyr, Vice President of the FC–CSN, “It’s completely unacceptable that a company belonging to food multinational Grupo Bimbo would ignore the many court decisions, including one from the Supreme Court of Canada, ordering them to pay retirement pensions to its employees. We will not stop pressuring Multi-Marques, Canada Bread or Grupo Bimbo until they resolve the claims of these 150 workers. They should not underestimate the determination of the Multi-Marques Union, the FC and the CSN.”

150 employees unpaid
Some 150 employees are being targeted and are currently engaged in legal disputes with the bread company. Among them, ten are retired and five others have passed away without having received a single dollar. Almost 70 of these employees are still working, with 62 having left the company. All of them, including those eligible to receive payments on behalf of deceased workers, should have received pension payments.

The facts of the matter
In 2002, in accordance with the Qéebec Labour Code, the employees decided to leave the Bakery, Confectionary and Tobacco Workers and Grain Millers International Union (BCTGM) to join the FC–CSN. The company then started a legal process related to the retirement plan in place at the time. Today, fifteen years later, the issue is still not resolved.

In 2002, the company unsuccessfully argued that the bylaws of the BCTGM retirement plan relieved Multi-Marques of its obligation to pay off the plan’s deficit, which was caused by the recognition of prior years of service in pension calculations. The deficit amounts to around $1.6 million. Not only did Multi-Marques refuse to pay that amount into the retirement plan as required by law, but the ensuing legal battle has meant that no pension payments have been paid to these workers, despite the fact that the pension plan holds $6 million in assets.

Numerous court decisions have been handed down ordering the company to comply with Québec’s laws and judgements, including obligations related to the Régie des rentes du Québec, now called Retraite Québec. Despite these court rulings, Multi-Marques has continued to pursue legal action: its latest attempt has been to dispute the calculations established by both the actuaries at Retraite Québec and those assigned to the retirement plan.

“The employer seems to have adopted a combative attitude, conducting numerous futile appeals,” affirmed Pascal René de Cotret, president of the union representing the 150 workers. “And we, the workers, end up paying for their stubbornness, even as they make money off of our labour. The problem here is not a lack of financial resources, but rather the company’s systematic refusal to pay us the pensions that are our due, thereby penalizing workers who have worked hard for them throughout their lives.”

Grupo Bimbo had sales in 2016 of almost $7 billion US and recorded a profit of over $360 million. It does business in 19 countries and employs 126,000 people in 144 factories and over 1,600 distribution centres.

About the Multi-Marques Workers’ Union
The Multi-Marques Workers’ Union is affiliated with the FC–CSN, which has a membership of around 30,000 workers in the sectors of food processing, tourism, hospitality, finance, retail, wholesale and various services. Its parent union, the CSN, has over 325,000 unionized members working in both the private and the public sector.

The increase in xenophobic incidents both in Québec and around the world must be categorically condemned. “Québec must work towards being a just, welcoming and inclusive society, open to the entire population,” said CSN President, Jacques Létourneau. Muslim Québeckers are an integral part of the social fabric of Québec, and we encourage the population to stand together with them to fight against the violence, hatred and terrorism that have struck today. Together, we need to take action and denounce racist acts and statements the moment they rear their ugly heads.

To demonstrate our solidarity, the CSN invites its members and the general population to participate in the vigils to be held today at the Église Notre-Dame-de-Foy in Québec City and at the Parc subway station in Montréal,  both starting at 6:00 p.m, and in other locations in Québec.

« People in Québec City are proud of their English-language campus, which enjoys an excellent reputation thanks to its dedicated and dynamic personnel. The structure of Champlain Regional College is obsolete and underfunded; it drains resources that should serve our students,” says Lisa Birch, President of the teaching staff. This is the conclusion of a report by MCE Conseils that compares the funding, governance structure and services offered at Champlain Regional College with those of other CEGEPs. Asked about the findings of this report, Ms. Birch stated that the analysis shows only one conclusion is possible: equitable treatment for each campus is only achievable if each is granted the status of a full-fledged CEGEP.

As a multiregional CEGEP, Champlain Regional College (CRC) receives funding as a single college. This must then be divided among three campuses and the central administration in Sherbrooke. This situation has resulted in the chronic under-hiring of support staff and professionals, which hampers services offered directly to students,” concluded Sylvie Tremblay, Vice President/Treasurer of the Fédération des employées-et employés de services publics (FEESP-CSN).

With its three campuses (Saint-Lambert, St. Lawrence and Lennoxville) spread over three different administrative regions of the province, and with its head office located in Sherbrooke, CRC is the only multiregional CEGEP in Québec. Other regional institutions, created in 1970, were dismantled and replaced by independent colleges. According to Nicole Lefebvre, vice president of the CEGEP sector at the Fédération nationale des enseignantes et des enseignants du Québec (FNEEQ-CSN), “The reasons given at the time to justify the transformation of these institutions included problems with identity, management, representation and finances. All these problems currently exist at Champlain Regional College.”

All stakeholders agree that a locally-appointed board of directors, with full representation from each region’s community and socio-economic groups and each institution’s students, staff and alumni, would allow services to be adapted to the priorities of each region. “With local stakeholders, we could develop initiatives based on regional realities. The result would be a more efficient use of resources that would benefit each community,” adds Richard Garneau, President of support staff at St-Lawrence campus. In its current form, the CRC has only one board of governors, which leads to significant representation problems for each campus.

The communities supporting this project hope their message will finally be heard. “To fulfill their missions fully, the three campuses of Champlain Regional College can and must do better through local governance with full autonomy,” concluded Benjamin Huot, President of the students’ association.

About
Teaching staff unions on the St. Lawrence and Saint-Lambert campuses are affiliated with the Fédération nationale des enseignantes et des enseignants du Québec (FNEEQ-CSN). FNEEQ-CSN represents some 34,000 members in Québec CEGEPs and universities, as well as secondary and college-level private institutions. It is the most representative union organization in higher education in Québec.

Support staff unions on the St. Lawrence and Saint-Lambert campuses are affiliated with the Fédération des employées et employés des services publics (FEESP–CSN). It represents more than 4,500 members in 34 college institutions and two computer centres. FEESP–CSN represents more than 70% of college support staff.