4 years in Canada

When I read Singaporean Missy Jo's (The Slim Rolly Polly Wannabe) blog post about her doubts on ever settling-in after almost 5 months in Perth, it reminds me of the doubts I used to have after about 6 months in Canada. Back then, my "Migration & settling-in: A progress review" had more "did not meet target/expectations" (X) than "met target/expectations" (V). I guess the doubts/ups-and-downs is a challenge that many new immigrants go through.

I have been in Canada for just over 4 years now. Below is a progress review of my "settling down" process -- and thankfully a happier report, it seems.

V Local friends: As mentioned back in my April-2011 blog entry, I have been blessed and continue to be blessed in this regard. I am very grateful for that.

V Love life: DD has been a wonderfully supportive husband. We have gone through ups-and-downs together, and our relationship has grown stronger with time. Of course, we both have individual quirks that each has to put up with from the other. After all, marriage takes effort. Overall, we share similar values for the important matters, and have shown adaptability and willingness to communicate+accept differences on other matters.

V Family: Through marriage to DD, I have gained a Canadian family with members spread mainly over 3 Canadian provinces. I have since met most members on the maternal side of DD's extended family and some members on the paternal side too.

V Career: I have been working as a registered nurse in Metro Vancouver for 1+ year now. I am quite happy with my current main job and 1 unionized casual job, both private-sector employers. There have been ups-and-downs in my main job (click here for example), but all in I am happy where I currently am. On most days, I look forward to heading to work as I found my work meaningful and rewarding (not just financially).

V Canadian income: My income goes up and down depending on the number of hours I have been assigned on my main job each month. When there is a lull in my main job, I look towards accepting on-call shifts at my casual job, which helps to stabilize to my income. It also helps that a RN's pay here really reflects the professional nature of the job. Friends and (my in-law) family suggested that I look towards working with a health authority instead for more stable income and better benefits. My reply was, (as mentioned above) I am happy where I currently am, and have actually quit from a casual job with a health authority earlier this year.

V Living accommodations: As Mr S from Neurotic Ramblings puts it, "having your own place to call home" is one of the factors that Singaporeans and/or ethnic-Chinese often count towards the concept of "settling down". DD and I have recently moved into our "new home" -- an old condominium unit which is technically-speaking owned by the bank (thanks to the mortgage we took). We are still in the process of unpacking and settling-in, but it certainly feels good to have "our own place to call home".

V Getting around: I am still relying on Metro Vancouver's good public transport infrastructure to get around most of the time. Sometimes, DD would chauffeur me around. I am so comfortable with the current arrangements that I kept delaying on my plans to get a B.C. driving licence. Unlike in Singapore where people generally expect things to tick like clock-work, people here seem to be more tolerant of sudden changes in plans due to un-forseen circumstances (e.g. breakdowns in public transport).

V Community/volunteer participation: After a few rounds of ad-hoc and mid-term community/volunteer roles, I have settled nicely into a new long-term community/volunteer role earlier this year that is likely to last for a few years.

? Credit rating: When DD and I applied for a home mortgage in B.C., I found to my surprise that my Credit Rating is "UNKNOWN" despite having used my credit-cards regularly and paying my dues fully on schedule. I guess I should have heeded the advice from my lecturer at the "Financial Literacy Program for new migrants" to check with one of the 2 major Canadian Credit-Reporting Agencies at least once-yearly on my credit rating (i.e. either Equifax Canada or TransUnion Canada). [Aside: Thankfully, DD has excellent credit rating and our mortgage application went through smoothly.] I guess getting my credit rating set-up is one item on my To-Do-List. That said, there is no urgency as my main bank (i.e. financial services provider) seems view me as an excellent credit risk, and it keeps offering to increase my credit limit and/or promoting lines-of-credit to me.

Ok, that's my status summary for now. Someone once told me that it takes 5 years to settle into a new country. I now truly appreciate the wisdom of her advice as my "settling-down in Canada" is still a work-in-progress.

BC stands for Beautiful Community

In my previous blog entry "The Suay Kuan" ["the unlucky ones"], Xianlong (Frugal Introvert), Gintai and DotSeng all commented about the "big fish will always eat small fish" culture that prevails in Singapore and that anyone who does not toe the line risks being "blacklisted".

As I've replied, my view is that we are society -- each of us, as individuals, contributes a sliver of behaviour that aggregates into "social norms". Each person has to make his/her own choice and live with his/her conscience. There is no right or wrong answer.

Just to share an upcoming donation drive in B.C., Canada, to illustrate the kind of community that I chose to be a part of.

[17-Nov-2013 Poster for Blanket BC drive]

Blanket BC Society 2013 Drive on the Line Campaign (PSA)

"The BC in Blanket BC actually stands for beautiful community", said Gregory Ould, the founder of Blanket BC.

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To quote Brian Hare, an assistant professor of anthropology at Duke University, as interviewed by Discovery.com on 07-Feb-2011:

http://news.discovery.com/human/psychology/shrinking-brains-intelligence-110207.htm

"The chimpanzees are violent because they want power, they try to have control and power over others while bonobos are using violence to prevent one for from dominating them," Hare continued.

"Humans are both chimps and bonobos in their nature and the question is how can we release more bonobo and less chimp.

"I hope bonobos win… it will be better for everyone," he added.

Canadian goose / Volunteerism

Just to share a short video of a Canadian goose that I took last week at Stanley Park.

Yes, I think the goose knew I was there, but it was nonplussed about it. IMHO, it helped that I walked up very slowly, calmly and steadily towards it; and also that I was "down-wind" (i.e. the wind was blowing from the goose towards me). Yes, at one point I laughed in my heart at the mental images that if I were not a vegetarian, this would be a good opportunity to spear* the goose and have roast goose! [*Note: I am not suggesting for anyone to do that, for the Canadians treasure their wildlife.]

Canadian Goose

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Last week, I visited various Metro Vancouver tourist attractions thanks to the free pass I received from volunteering with one of these attractions. IMHO, the free pass (for a fortnight) is such a good way to show appreciation to volunteers during BC's Volunteer Appreciation Week.

[2013 Volunteer Appreciation Week

- A fortnight's free pass]

The spirit of volunteerism is strong in Metro Vancouver. [Note: For an idea of how ingrained volunteerism is in the Canadian culture, see the news article below.] For many young Vancouverites, besides contributing to causes that they believe in, it is a way to get references and community experience for their future resumes and/or take a peek into potential careers.

Many newly-arrived immigrants do not instinctively understand the value of volunteering: 

• how it can open up new worlds/opportunities/careers for them, 
• how it can help them break out of their ethnic ghetto, 
• how it can be a part of their process of learning about the Canadian society and integrating with it, 
• how it may be useful to have some Canadian community contacts (especially since many in such social/charity/volunteer organizations are open-to and supportive-of immigrants), and 
• how it may possibly lead to the hard-to-acquire Canadian experience and/or references.

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[Extracted from Yahoo! Finance Insight, dated Wed 24-Apr-2013.]

Volunteering worth $50 billion to Canadian economy

By Brenda Bouw | Insight – Wed, 24 Apr, 2013 11:29 AM EDT

Volunteering not only makes you feel good, turns out it’s also good for the economy.

A new report from TD Bank has pegged the economic value of volunteering in Canada at $50 billion each year, or about three per cent of Canada’s GDP, which is the same size as the Manitoba economy.

“The economic value of volunteering demonstrates that it is possible to get more than what you pay for,” said the report’s authors, TD economists Craig Alexander and Sonya Gulati.

“Put simply, $50 billion represents a lot of value. It is too large to simply dismiss.”

The report marks National Volunteer Week in Canada, which runs from April 21 to 27, and celebrates the estimated 13.3 million volunteers across Canada.

While some might argue volunteering is just free labour, others see it as a way to advance skills or provide selfless acts that allow them to give back to the community.

TD argues volunteerism provides economic value that is “very real,” yet “seldom noticed and rarely discussed.”

For example, it cites opportunity cost for spending a limited resource, “in this case, time – on unpaid work as opposed to paid work.” An example is gaining a skill that better prepares someone for a paid job in the future. There is also value in the generation of social capital, or the “intangible benefits associated with volunteering,” the report says.

TD came up with the $50-billion figure by calculating the estimated 2.1 billion hours worked at average rate of $24 per hour. The data is based on the 2010 Canada Survey of Giving, Volunteering and Participating, from Statistics Canada .

The $50-billion figure is “conservative,” TD says, because it doesn’t include capital investment, for example. The total is also said to be roughly half of the value of Canada’s non-profit sector, as estimated by Statistics Canada.

“If the value of volunteer work were a company, it would be in the league of the largest firms in Canada listed in the S&P/TSX Composite Index – on the basis of market capitalization – sandwiched between corporate giants like Suncor Energy and the Canadian National Railway,” the report says.

While TD sees the report as a fitting way to celebrate National Volunteer Week, the authors addressed the potential “passionate rebuttal” that putting a dollar figure on volunteerism may be considered “distasteful and/or disrespectful.”

“It is short-sighted not to appreciate this perspective and to flippantly ignore the passionate rebuttal to economic valuation,” the report says.

“Despite the skepticism attached to the exercise, putting numbers to volunteering does help to demonstrate the societal and economic importance … Comparison and context enable us to understand and protect volunteering which is generally overlooked and its importance dismissed at first glance. An economic lens fosters appreciation for a crucial element of the social fabric that binds the community together.”

National Volunteer Week began in 1943 as a way to draw attention to the contribution women made at home during the Second World War, according to Volunteer Canada www.volunteer.ca

Brunch with former bureaucrats

I thought about not writing on this until a recent arrest in Singapore reminded me once again how different the socio-political climate between Singapore and Canada is.

[Source: Yahoo! Canada News Editorial Cartoon 22-Apr-2013]

[Note: The conversations below are as much as I could remember, they are not word-for-word exactly.]

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I had brunch with some (ex-)Singaporeans recently. The elderly gentlemen congradulated me for getting my Canadian nursing registration. Thus, I told them about how we petitioned for it. [Click here and here.] 

Then someone asked, "So will you do it* in Singapore?" [*That is, write petitions and advocate for change.]

I replied simply, "No way! We have the ISA in Singapore, you know. And not forgetting some politicians who like to send legal suits."

The gentlemen smiled and nodded, they knew what I was talking about.

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At some point later during the brunch, since one of the gentlemen revealed that he used to be heavily involved in the Singapore Sports Council, I asked him for his opinion of the "Foreign Sports Talents Scheme". As a gentleman would, he openly declared his vested interest -- i.e. he was responsible for creating that policy (which has since raised some controversy in Singapore). He took the time to explain the intent and some regulations behind original scheme, and mentioned that the scheme has changed beyond recognition since.

Someone at the table put in supportive words, "Otherwise Singapore wouldn't have won an Olympic medal." 

[I guess she forgot about Tan Howe Liang's 1960 Olympic Silver. Or perhaps "Singapore" was not an independent country back then, so it did not count?]

To which I replied my honest 2 cents, "Why must we win Olympic medals? Why can't we just invest in our own people and be happy with whatever results they achieve? It's like a man with a small penis trying to overcompensate."

The men at the table were surprised, but nevertheless laughed heartily at my penile comment.

------------------------------

At a yet later point over that brunch, I realized that I was sitting next to none-other-than the bureaucrat behind the "Stop At Two" policy. I could not resist asking (to confirm rumours that I had sniffed from the internet), "So didn't the government know at some point that the policy will cause the fertility rate to drop below replacement rate?"

Dr "Stop At Two" replied, "Yes, I did some (projection) calculation and told them that the policy has to be changed at some point."

[So apparently the warning signs were there already and known to the decision makers. It was a matter of political will and/or foresight to steer the Titanic away before it hit the iceberg.]

Someone else then chimed in that that's why the Singapore government is importing so much "foreign talent" -- to cover the shortfall in birth rate. 

To which I replied, "No, I think (IMHO) there is something more to it. They are importing more than what it takes to cover the replacement rate. I think (IMHO) there is something else happening here."

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At the end of brunch, the gentlemen teasingly encouraged me, "Write more petitions!"

I laughed. Actually I am really very Singaporean by nature. It took a lot to push me to write a petition. 

[Which is why at times I admire how PY (from China), AP (from The Philippines) and IJ (who grew up Canadian) will not take any injustice lying down.]

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Which brings to mind another event. 

I had another Facebook exchange early this month over a photo where I commented about the abuse that healthcare workers in Singapore face and are expected to tolerate -- which reveals the reality of how little healthcare workers are truly valued in Singapore. A Singapore-citizen friend (residing in Singapore) tried to push the onus back to fellow Singaporeans for the lack of "social leadership". In responding to her suggestion that the government is not responsible for Singapore's social-political norms which contribute to such unhealthy work environments, the discussion on my Facebook photo veered off-topic.

I reminded her about the ISA, some politicians who like to send legal suits and the challenges of invisible "OB" markers.

She replied in defence of ISA (and, I supposed, her politician/minister friend),

"Btw, govt includes non-PAP and PAP includes non-govt.

Please do not confuse societal security with social leadership, and dafamation (sic) with criticism. There are non-govt groups who stand up for migrant workers. 
Attitudes towards nursing have not improved as much as other aspects of nursing. Some things still need to be fixed. Everyone need not wait for a few people to deal with all causes."

Of course, I challenged her concept of "societal security" and "defamation". [See also Nizam Ismail's 25-Apr-2013 blog post on "Politics of Funding Cuts: Is it Really About Partisanship?" (or Jentrified Citizen's extract here); and one will know that "Everyone need not wait for a few people..." is a red-herring.] And it went downhill from there. At one point, she wrote,

"All I shall say is that there are people who would gain when Singapore goes down. And they would find ways to extrapolate matters to influence opinions in the name of intellectual discussion."

Frankly, I pointed out to her that those who can gain as she suggested would be millionaires (a.k.a. private banking clients).

[Note: I declare that I am not within that category of people, unlike some folks who love to dress in white.] 

As it went further, I also pointed out to her that it was the second time within 8+ months that she used "ad hominem" attacks as a defence mechanism instead of dealing with the issue being discussed. 

[IMHO, it is pathetic, considering that she was supposedly from the crème de la crème (triple pure-sciences) class of the Rxx brand (a top-ranking secondary/middle school in Singapore) and received overseas (UK) tertiary education. Yet, she could not handle a simple Socratic discussion honourably.

That said, IMHO, she has improved considerably. The previous time she threw "ad hominem" attacks at me, she wielded them so poorly that it was laughably self-destructive, if not for the fact that she is a friend. E.g. When she could not debate further on the issue, she asked point-blank, 

"Please disclose
-- whether you are currently contributing to Singapore economically (e.g. paying taxes) or non-economically (e.g. promoting heritage)
-- whether any party in the world (e.g., in your current country of residence) will benefit from what you bring up"; 

Yet she did not disclose her own vested-interest (if any); and she followed with a whole load of unrelated, unsubstantiated and shaky accusations/arguments (including Mr Straw-man and Ms Red-herring); just because I dared to critic the poor PR skills of a minister who is her friend.]

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Here is a reality to ponder on. 

People who create the policies 

that Singaporeans do not like 

may or may not have to live with 

the effects of those policies.

• Does your MP have to compete with "foreign talent" MPs to be "cheaper, faster and better"?
• Does your MP ride in the crowded buses, MRT, etc, daily together with you? 
• Does your minister have to be "Means Tested" for healthcare subsidy just like you? Or are they under a different "civil servant" scheme?
• Does your minister have worries about retirement funding as you do? Or do they have a special "pension scheme for high-ranking civil servants"?
• And yes, I met the above-mentioned former bureaucrats in Canada. They and their family members are residents/citizens of Canada. [So please, to question my allegiance is really a red-herring.]

[This paragraph is added on 26-Apr-2013.] If the above is still not convincing enough, please read The Heart Truths' latest blog post "Double Standards in Singapore: Only the Government Can Win". Or read the late Feed-Me-To-The-Fish's blog post "Amy Cheong is not Lee Kuan Yew".

Along the same vein, thanks to my friend's comments, I gave my allegiance some serious re-thinking, from ground zero. After much thought, I came to the conclusion which I wrote on LIFT's blog.

"On a personal level, the longer I leave Singapore, the less I care about LKY and his white party. I may still occasionally rant about the crap of a legacy (of systemic failures) created by the white party, but I am very conscious of the fact that whatever happens to Singapore post-LKY, I may not personally have to suffer its effect. That is, I suspect I am transitioning mentally out-of-Singapore, and into-Canada."

CRNBC removes IEN Canadian Reference Requirement

This is for the internationally-educated nurses (IENs) who visit my blog. Further to my previous blog post, CRNBC has release an official announcement on the removal of the Canadian Reference Requirement (i.e. after working 250 hours with a Canadian employer) for all IENs.

CRNBC webpage regarding removal of Canadian Reference Requirement for all IENs

That should reduce some of the complaints one see in nursing forums regarding the barriers to entry. [Click here and here for examples.]

Volunteer Options

I have been mulling over my volunteer options recently. While I was in Singapore, I had volunteered for around a decade between a teenaged girls' shelter and the Children's Cancer Foundation. [Click here and here.] But I had to quit volunteering by the mid-2000's due to the ridiculous demand that my I.T. management made on my time.

Before I launch right into rebuilding my career in Canada, I would like to commit myself to some volunteer assignments. After all, I would like to live a balanced life by allocating my time between:

• Work (e.g. working as a registered nurse when I receive a job offer), 
• Personal pursuits (e.g. getting a B.C. driving licence and learning French), 
• Voluntary service to the community (see more below), 
• Social time (e.g. hanging out with friends and social groups), 
• Leisure time (e.g. catching movies, dabbling in creativity/arts, blogging, surfing the internet, simply lazing around and watching the world go by).

The thing is, given my broad range of interests, it is really hard for me to decide which areas and what projects to volunteer for. 

That said, I had once volunteered for a televised fund raising event with a Vancouver-based ethnic/cultural group. However, I have decided not to volunteer with them going forward because I would prefer to be serving a wider community (i.e. not limited by linguistic/cultural demarcation). 

Here some options that I have thought of.

1. Vancouver Arts Gallery. I volunteered recently for the Family FUSE Weekend. It was a busy but fulfilling day. Plus Sherry, the Volunteer Coordinator, was really friendly, supportive and encouraging.
2. Theatre production groups. I have been involved on-and-off in a couple of Vancouver theatre productions during my 2+ years here. In fact, between 16th to 23rd Mar-2013, I volunteered at several shows for a fabulous theatre production in downtown Vancouver. Theatre always holds a special place in my heart because of its impact on my life.
3. MOSAIC immigration settlements services "Host - Culture Connections". I have previously spoken with the co-ordinator for the "Host - Culture Connections" programme, the chances of me being accepted as a host is pretty high.
4. MOSAIC immigration settlements services "Workplace Connections Mentoring Program" (after I have eased into an RN job). Last month (Feb-2013), I had an opportunity to meet and share my experience of returning to nursing with some IENs (internationally educated nurses) who were taking a professional-English course at Kwantlen. Given my experience as an IEN who has undergone CRNBC's SEC (Substantially Equivalent Competency assessment), Kwantlen's GNIE nursing re-entry program (Graduate Nurse, Internationally Educated re-entry program), passed the CRNE (Canadian Registered Nurse Exam) and obtained my B.C. nursing registration; other newly arrived IENs may be interested in my experience. 
5. Joining groups that support vulnerable populations. In 2011 and 2012, I had the privilege of sitting in (as a trusted guest, thanks to the reputation of the group I represented) at a couple of sharing sessions run by an LBGT refugee support group. That started me thinking about working/volunteering with vulnerable-population support-groups. On a separate note, I made a donations-in-kind at the Downtown Eastside Women's Centre recently. I arrived late in the afternoon (almost closing time) on a grey and gloomy Vancouver day. The moment I stepped through the entrance, I was struck by the contrast between the weather outside and the buzz inside. I immediately felt that it was a place that was providing important support to this vulnerable population. That got me thinking once again about volunteering with these or other similar groups.
6. [Addendum on 25-Mar-2013 as per suggestion by reader Chrono, see comments below.] Urban farming or sustainability groups. My late-paternal grandfather was a poor farmer in China before he travelled to Singapore (南洋 Nanyang) to make a living. I think it would be an interesting completion of a cycle if I do pick up farming skills. As for sustainability, my friend EM works on sustainability design with an architect firm. I always thought that her work is very interesting and meaningful. I am somewhat guarded with regards to environmentalist groups though, mainly because I do not feel comfortable with the aggressive, confrontational, media-attention-seeking and sometimes destructive approach taking by groups such as PETA. 我不想做个不合理的人。 [I don't want to be an unreasonable person.]
7. Ad-hoc volunteer services that utilize my linguistic, computer, nursing and/or other skills. E.g. Becoming an Emergency Volunteer. Within a month of landing in Canada, I sought to volunteer with various groups since I heard that it was a good way to network and become integrated into the Canadian society. My first application was turned down because I was "too new" in Canada and I was advised to apply again when I became more "settled down" (e.g. at least 3-6 months later). Another of my application proceeded past the point of Criminal Record Check and I was called up for a final follow-up interview to determine my actual volunteer placement assignment. A day before the follow-up interview I received a call that my interview has been postponed due to the interviewer going on an unplanned extended leave. Thus, I was advised to wait some months until the replacement was available and had adjusted into his/her new job. I did not follow-up with that volunteer opportunity.

As you can tell from the above, I am pretty much undecided at the moment. That said, over brunch on Sunday (yesterday) with a social group, I have just committed myself to playing a part in organizing a regional gathering to be held next year (2014). 

GNIE: Standing on the Shoulders of Giants

As recently as between 12th to 19th Mar-2013, when my cohort of GNIE graduates received our CRNE result notification from the CRNBC, we were reminded of our outstanding requirement towards finalizing our registration with the CRNBC. To quote the CRNBC letter: 

"In order to finalize your registered nurse registration with the College of Registered Nurses of British Columbia (CRNBC), you must provide a satisfactory reference from a Canadian employer for whom you worked at least 250 hours while holding provisional registration."

During the 2nd semester of GNIE, some of my classmates discussed about joining/infiltrating the CRNBC and the nurses' union to eventually fight against the (IMHO) discriminatory 250 hours requirement for GNIE graduates. [See "changes to XYZ" in the blog post here.] Back then, all we could hope for was to survive the process "as-is", and (with luck) eventually create the change we want to see for future generations of GNIE graduates. We never thought that change would be possible for our cohort of GNIE graduates.

In fact, if not for the "reception" we received at an Open House of a certain health authority back in 27-Nov-2012, we would not have been stirred up enough to launch into advocating for ourselves. As a Chinese saying goes, “塞翁失马 焉知非福”。 ["A blessing in disguise and vice versa."]

We first heard rumours about a change in policy on Wednesday 20-Mar-2013. On Thursday, some of us called up CRNBC for a verbal confirmation of the rumours. On Friday 22-Mar-2013, many of us received an email from CRNBC stating the following.

"There has been a change to our registration requirements which affects you." [... snip ...] 

"1. You are now eligible for practising OR non-practising registration." 

"2. You do NOT need to have an employer send CRNBC a reference after 250 (hours) of practice."

You can imagine the waves of celebratory joy going around amongst us. We were standing on the shoulders of giants. The change in policy, and thus the course of history for GNIE graduates, is made possible with the support of some very important people and organizations. 

• BCNU (B.C. Nurses' Union) and its various members and committees, 
• KPU (Kwantlen Polytechnic University), especially the GNIE staff,  
• MLA Mike Farnworth (B.C. province NDP politician), and last but not least, 
• CRNBC (College of Registered Nurses of British Columbia) and its board member(s) and its "committee working on the IEN requirements".

Thank you all for recognizing the discrimination we faced as GNIE graduates and changing the unjust situation.

[29-Mar-2013 Update: Click here for the full impact of the change in CRNBC policy.]

Migrant Workers - Part 4

Back to the compare-and-contrast exercise of "Migrant Workers" in Singapore vs Canada. If you have not read my previous blog entries on this series, you can find them here (part 1, part 2 and part 3).

Read here, an article by Yawning Bread that shows what happens in Singapore when one dares to question the Ministry of Manpower (a government agency) on what seems to be an anomaly in their staff's actions.

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Let us look at how the Superior Court of Quebec, Canada, handled a case which challenges the Quebec Human Rights and Youth Rights Commission's dismissal of a complaint filed by PINAY (the "Organisation des Femmes Philippins du Quebec" or "Filipino Women’s Organization in Quebec") on behalf of 26 Filipina LICs (Live-In Caregivers). For more details on the case, please click here and here for the Press Releases from PINAY and here for a report from CRARR (Center for Research-Action on Race Relations).

Below is a brief of what happened, as extracted from the above PINAY Press Releases and CRARR report.

1. Over a 5 year period, at least 40 Filipina women paid an average of US$4,000 to John Aurora’s agency (Super Nanny) to obtain work permits and immigration papers to work as Live-in Caregivers (LIC) in Montreal, Canada. In addition to the fees paid to Aurora’s agency, these women had to pay their own airfare.

2. Between between 2004 and 2008, 16 were told upon arrival that their initial employer designated in the Quebec Employment Contract was no longer available, and they were never reimbursed.

[Note: For the Live-in Caregivers visa, the TFW (temporary foreign worker) must live-in at the premises of the specified employer designated in their employment contract and work permit. If they need to change employers for any reason, they must re-apply and wait for a new work permit to be issued for the new employer, which typically takes at least 4-6 months. LICs are strictly prohibited from working until their new work permit is issued. Click here and here for more about LIC visa.]

3. Many of the TFWs were required (i.e. made) to do unpaid labour for Aurora while awaiting the confirmation of a new LIC job offer and the issuance of a new work permit.

4. These TFWs were also pressurized to sign a lease to become tenants in Aurora's various properties, where many women would live in overcrowded and unsanitary conditions. Almost all tenants had to pay an illegal deposit of $150 for furniture, late fees and other penalties that are clearly forbidden by Quebec housing laws. They were also not given a copy of their tenancy agreement. They only realized that Aurora had secretly added clauses holding them jointly liable for the rent, without their knowledge, when they were brought to the Rental Board for breaking the lease or for rent owed. 

5. In May 2009, on behalf of 26 LICs, PINAY filed a civil rights complaint against Aurora and Super Nanny, his agency, with the Quebec Human Rights and Youth Rights Commission, claiming discrimination based on race, gender, ethnic or national origin, and social condition.

6. The Commission responded in June 2009 by contacting PINAY by telephone, for a follow-up. In August 2009, the Commission began its investigation into the case.

7. In October 2009, PINAY informed the Commission of the death of John Aurora. In early November 2009, the Commission wrote to John Aurora, summoning him to its office for investigation and requesting him to bring all pertinent papers.

8. In February 2010, the Commission met with 12 of the 26 women to obtain their declarations. However, it did not inform them of the damages they could claim and the possibility of citing John Aurora’s associates as co-respondents in the case.

9. In October 2010, the Commission interviewed John Aurora’s daughter and then notified PINAY of its intent to close the file due to John Aurora’s death, because of his daughter’s denial of involvement and the fact that Super Nanny was not an incorporated business. 

10. At this point, PINAY mandated CRARR to handle the case "due to what many see as a badly handled investigation" by the Quebec Human Rights Commission -- quote from CRARR. CRARR found that the Commission failed to:

• Explain to many of the 26 victims whom it interviewed, the remedies available to them, such as material, moral and punitive damages;
• Take into account the names of at least John Aurora’s four staff members who actively carried out many acts of discrimination, harassment and exploitation, who could have been held jointly responsible;
• Heed the fact that John Aurora’s daughter, in testimonies for rental board ligitation launched by her father against some caregivers over rent allegedly owed to him, did confirm her active and conscious participation in the management of her father's affairs and properties;
• Examine evidence that John Aurora’s daughter and family relatives acted as appellants in two appeals filed in March 2010 seeking to reverse rental board decisions, that were rendered in February 2009 in favor of caregivers and against her father;
• Properly identify PINAY as a complainant and send to PINAY the Commission's decision to investigate the case on the Commission's own initiative;
• Take into account PINAY President's report in mid-October 2010 of pressures from John Aurora's daughter and another staff member on some caregivers to withdraw their civil rights complaints, which is in and by itself a violation of Quebec human rights law.

11. In March 2011, CRARR presented an amended version of the May 2009 civil rights complaint to the Quebec Human Rights Commission, in which it cites Aurora’s associates as co-respondents and specifies the damages to be claimed.

12. In April 2011, the Quebec Human Rights Commission (through the same investigator -- who was accused of handling the case badly in the first place) reiterating its recommendation to close the file based on the same grounds: 

• the alleged facts of discrimination took place three years after the prescription for civil action (starting from the date of the amended complaint that cites additional respondents); 
• John Aurora’s death; 
• the fact that Super Nanny is not incorporated and that employees are not held responsible for the actions of their employer or personally responsible; and 
• that John Aurora’s daughter cannot be held liable (based on the Commission's own interpretation of the "proof of her active involvement in the management of her father’s affairs").

13. PINAY applied for judicial review to reverse the Commission’s dismissal of the complaint. In addition, PINAY asked for a total of $90,000 in moral damages against the Commission for gross negligence.

14. On October 16, 2012, the Superior Court of Quebec ruled in favour of 8 LICs and PINAY for a judicial review of the Quebec Human Rights and Youth Rights Commission’s negative decision about their case.

15. The judge rejected the Quebec Human Rights Commission's core arguments for dismissing judicial review, namely:

• The application for judicial review was filed more than 5 months after the decision was taken; 
• The Commission has fulfilled its duty of procedural fairness during the investigation; 
• The Commission enjoyed large discretion in its investigation and that the women could still sue the respondents in regular courts at their own expense.

16. The Superior Court and its judge:

• recognized that the circumstances in this particular case justify the delay of two months in filing the motion. 
• emphasized the serious prejudice that the Filipina women would suffer if their motion for Judicial Review was dismissed. 
• highlighted the importance of the present case and its potential for justice to present and future LICs. In fact, in the judge’s words, “the importance of the matter is further magnified by the fact that over and above the Plaintiffs, there are many Filipino caregivers arriving in Canada every day”.
• recognized that “plaintiffs’ rights could be seriously prejudiced if their motion is dismissed at this stage. While it is true that they could institute proceedings on their own, and might ultimately have to do so, such proceedings would be costly and there is potential for prescription.”

17. Ms. Evelyn Calugay, President of Pinay highlighted the social impact of the Superior Court's ruling, “The Court is sending a very important message to society as whole about the obstacles encountered by migrant and domestic workers in seeking protection against civil rights violations, something which the human rights commission seems to have problems understanding.”

18. The case is still on-going, pending a full hearing by the judiciary allow the Court to adjudicate on the validity of Plaintiff's [PINAY and the LICs] claims. The case is expected to cost the group several thousand dollars.

------------------------------

In the case highlighted by Yawning Bread, the Singapore Ministry of Manpower (MOM) 

• did not assist the migrant worker in retrieving/extracting compensation from the "derelict employer" which its own Labour Court awarded, and its officers know that the employer had failed to pay.
• "requested" that blogger Yawning Bread, censor his blog post which draw media attention to the case (and thus, MOM's own failings).

[This paragraph is added on 01-Feb-2013.] As for unions, as Yawning Bread highlighted, the SMRT strike clearly indicated a lack of independent unions in Singapore. According to MrBrown, the NTUC (National Trades Union Congress) director of the Unit for Contract and Casual Workers (UCCW) criticized the striking migrant workers for acting without the knowledge of the NTWU (National Transport Workers' Union). In turn, the NTWU issued a press statement saying that it does not have the legal mandate to represent the PRC bus workers of SMRT as they are not union members. So which is the actual union responsible? The NTUC/UCCW or the NTWU? What does the National in NTUC and NTWU stand for? Only people of Singaporean nationality? In contrast, unionized workers in B.C. Canada are always advised, "Do not cross a picket line, even if it is not your union on strike. Call your union representative for advice." because independent unions support each other in solidarity against unfair and/or unjust employment practice. In addition, for unionized jobs, all workers are paid an equitable rate based on union negotiation with the employers. Lastly, from my personal experience, the union will fight for you even if you're not their full-fledged member yet, because allowing discriminatory practices against one segment of the workers may lead eventually to undercutting and/or undermining the compensation/benefits of ALL workers.

IMHO, labour protection and civil rights movements are comparatively weak in Singapore. Firstly, there isn't a Human Rights Commission (or ombudsman) in Singapore. As far as I know, there isn't any civil rights organization in Singapore with enough funding to conduct its independent investigations (like CRARR) and to bank-roll an application for judiciary review (like PINAY). Thus, as far as I know, there isn't any court cases upon which to compare the performance of the Singapore judiciary vs that of the Quebecois (Canadian) judiciary. At least in Quebec, Canada, the Superior Court sent "a very important message to society as whole about the obstacles encountered by migrant and domestic workers in seeking protection against civil rights violations". In contrast, when I read of how even the Acting Manpower Minister Tan Chuan-Jin seemed to be oblivious the challenges faced by migrant workers in obtaining justice and fair treatment, I doubt there would be any significant improvement to the Singapore system anytime soon.

[p.s. Anyone out there who knows of such migrant workers-related court cases in Singapore (i.e. not the criminal cases prosecuted by the Singapore Attorney General's Chamber whereby compensation to the migrant workers is not on-the-plate), please drop a note in the comments section. Thanks!]

A foreign workers' dormitory in Singapore

Facebook exchange: Homophobic hate speech

Homophobia is well and alive in Singapore. Just these few days, I had another Facebook sparring with my right-wing Christian friend, LKM (again). LKM is from Westside Anglican Church.

[Aside: Normally I would hold the individual to account for his/her actions, and not name his/her religious association. However, in this case, I understand that LKM's homophobic views are reinforced by his church's teachings, and thus I would argue that the church is vicariously liable. For more background about homophobia in Singapore Anglican churches, read this article on "Asian Anglicans starts a crusade against the West and gays" by Rainbow Harvest.]

Perhaps the Workers Party is playing it smart by holding its stance on the homophobic Section 377A of the Penal Code (Singapore) close to their hearts. 377A affects political votes as there is a significant vocal and growing segment of right-wing Christians in Singapore. IMHO, this group is brainwashed with homophobic rhetoric that they cannot hold up to when challenged, but instead often hide behind the excuse that "it is not socially nice" to criticize others' views (see below for example).

At the moment, for the Punggol East By-Election, these right-wing Christian folks are campaigning for PAP so as to retain 377A. Based on my friend's Facebook postings, the reason for supporting PAP is because of Christopher de Souza's speech against the repeal of 377A back in October 2007. I think it is naive of these right-wing Christians to believe that PAP's current stance to retain 377A will remain forever. After all, PAP being the "pragmatic" political party of "hard rules" of life, had previously sold out the Christian lobby on the casino issue when it suited its political leaders' wish to grow the GDP.

Normally, I ignore LKM's rants when he gets all worked up about his Christian objectives. However, I stepped in when I saw that his rants degraded into homophobic hate speech.

------------------------------

[Our Facebook Exchange, edited to remove the real names of the individuals involved. The number of Facebook "Likes" are shown here when there is 1 or more likes.]

LKM: If homosexual intercourse is legally permissible, I fear for our Army !!!!

Like - 3 

LKM:  Snglish phrases like "kanna screw" takes on new meanings ...

AKCY: That would only be worrying if homosexual *rape* was permissible.

Like - 2

WD:  Heterosexual intercourse is legally permissible and there are women in the Army, so are there lots of "ungodly" action taking place in the army?

Don't jump the gun lah.

LKM:  Yah the SGT rape already then claim to be lover, how to bring to court since legalized ?

WD:  *Rape* is rape. Man rape man case should be brought to court the same way as man rape woman case. Why the gender discrimination?

Like · 1

LKM:  We're not even talking about godly or ungodly, a man poking another's backside is downright repulsive, we talking about endorsing SICKNESS by removing 377A ...

WD:  Also, may I add, woman rape man case should be brought to court the same way as man rape woman case or man rape man case.

Like · 1

LKM:  Imagine an army where soldier fight fellow soldier over a male lover .... *puke* Such an army really in for big trouble ...

WD:  > "man poking another's backside is downright repulsive, we talking about endorsing SICKNESS"

Quoting you, LKM, above. Is that a FACT or just your own narrow-minded OPINION?

LKM:  Google homosexual intercourse and advise me how else it's technically possible ...

LKM:  ... maybe there are other possible permutations but they all fall under pornographic domains ...

LKM:  ... now bring these into perspective of why anyone would want it legalized ...

KKP: "Disapproval of homosexuality cannot justify invading the houses, hearts and minds of citizens who choose to live their lives differently." -Harry A. Blackmun

"I'm a supporter of gay rights. And not a closet supporter either. From the time I was a kid, I have never been able to understand attacks upon the gay community. There are so many qualities that make up a human being... by the time I get through with all the things that I really admire about people, what they do with their private parts is probably so low on the list that it is irrelevant." -Paul Newman
Like - 4

WD:  So you find "man poking another's backside is downright repulsive" because you're heterosexual. You can always decline if a homosexual guy asks you for sex.

My point about distinguishing between FACT and OPINION is your judgement that the act itself is "downright repulsive" -- that's your opinion, not a fact.

LKM:  Agree about it being a fact that I find it repulsive. Just wondering who are those capable of accepting such a repulsive act *yucks*

LKM:  As far as I learn from Biology, backside is meant for shitting, that's a fact !

Like · 1

AL: Hi LKM, it sounds like you are grossed out by the act of anal sex, and that's not your only objection. Would that be right?

LKM:  And farting sometimes too ...

LKM:  I can accept the emotional aspects of 2 person having deep feelings, but the sex part which is what 377A is about should be maintained to upkeep the proper order of nature, man and woman ...

Like · 2

LKM:   ... and we're not talking about religion here yet ...

WD:  > Agree about it being a fact that I find it repulsive. Just wondering who are those capable of accepting such a repulsive act *yucks*

Some of my friends are. As far as I am concerned, there are many more qualities (and admirable ones too) about my homosexual friends that what they do with their private parts in the privacy of their bedrooms is none of my concern. 

E.g. Some of them have to deal daily with people like you (LKM) who judge them based on your own value system of "proper order of nature, man and woman" when your bible told you that judgement is only to be done by your god. Tsk, tsk, hope you're not trying to play god.

LKM:  Nope, my opinion purely mine. Happy that Singapore still have a governance with soundness that will hold on to Penal Code 377A so that I don't have to worry over my daughters and sons ....

Like · 1

LKM:  ... of course everyone is entitled to the freedom of their own private activities, but Penal Code 377A is about setting a baseline for a society, what constitutes acceptable norm, what constitutes not acceptable criminal activity ...

LKM:  ... and to me, the fact is that legalizing homosexual sex goes against the sound establishment of our Asian society ...

WD:  > baseline for a society, what constitutes acceptable norm, what constitutes not acceptable criminal activity

And that is why the baseline is being challenged (and I am happy to say that). You have a right to your OPINIONS and VALUE SYSTEM, just not the right to expect others to conform to your opinions or value system. 

> sound establishment of our Asian society ... 

You obviously are clueless on the sexual history of Asian societies. Even in karma sutra, there are extracts talking about homosexual acts.
Like · 1

KKP: How would you like it if someone started 'Shut Up LKM & Concentrate on your inane diet diary' Campaign? Maybe you would know how it feels to be ranted on...

LKM:  You sure got me there with the karma sutra bullshit haha ... but I still Kee Chiu in support for keeping Penal Code 377A !!

KKP: B

LKM:  It's seasonal lah ... I mean my rantings ... I change topic very readily ... but as far as this season is concern, I want to voice my UTMOST support for Penal Code 377A. Keep 377A for Singapore ...

Like · 1

WD:  @ LKM: I suggest you find yourself a good translation of the actual historic "Karma Sutra", not those cheap "1001 sex positions" knock-off of Karma Sutra. Failing which, I recommend that you ask Professor Google about the "history of asian homosexuality".

Find the FACTS before you shoot your mouth off.

LKM:  Okokok, but it's still keep 377A for me !!!

KKP: Oh SHUT UP ALREADY!

Like · 1

WD:  On the other hand, I am glad that LKM shot his mouth off. Because only then, we have a chance to feed him with FACTS that would challenge his (IMHO mis-)perception about homosexuality, homosexual rape, and history of asian homosexuality.

Whether he changes his opinion is well within his right to decide. Freedom of belief, so long as he does not discriminate against any of his students on the basis of their sexual orientation.

LKM:  I am capable of loving even homosexuals, it's the sexual act that I have problems with, which is EXACTLY what 377A is all about.

WD:  Do you eat sharks' fin soup? Some people find it disgusting, "repulsive", and against "proper order of nature", and so they are petitioning for it to be banned.

If every activity that someone or anyone in this world finds disgusting, "repulsive", or against "proper order of nature" gets banned, I think we may well end up everything also cannot do. Learn to live and let live. Remember the adage: One man's meat is another man's poison.
Like · 1

WD:  @ LKM: Thanks for the "Like" for my previous comment, but I suggest that you think about it before you "Like". Why do you insist on banning (i.e. by supporting 377A) private homosexual acts between 2 consenting adults in the privacy of their bedrooms if you truly agree to "live and let live"?

LKM:  377A affects the future of my children, I'm generally selfish about well being of my children and their children. Shark fin has less impact on my kids, hence my ability to better accommodate live and let live ...

WD:  Quote LKM: > "377A affects the future of my children, I'm generally selfish about well being of my children and their children."

Care to explain how/why 377A affects the future of your children? I presume you mean removing 377A affects their "well being" negatively, so I would appreciate if you would elaborate on how this may be so. 

Or is the above another of those "I will state my OPINION as a FACT, and then hope that I don't get outed for not distinguishing between FACTS and OPINIONS" statements from you?

JT: Allow me to defend LKM here. Everyone is entitled to his own opinion/beliefs/values n he's just simply stating tt on his FB wall. If do not agree, can always state own views on own wall. Y the need for all these aggressive comments? This is an issue that even if argue till cow comes home there also will be no end to it...

WD:  @ JT: I am afraid you're the one who is confused between a FB wall and the wall of a person's home.

May I remind everyone of Facebook's Terms of Use.
https://www.facebook.com/legal/terms 

In particular, points 6 and 7 under Safety.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 

Homophobic statements, like what LKM posted above, e.g. "If homosexual intercourse is legally permissible, I fear for our Army !!!!" is a form of hate speech.
And to use social media to share his homophobic views (which LKM admitted are not fact-based but "my [his] opinion purely mine [his]") can be a form of cyber-bullying.

WD:  If you don't know what "hate speech" is, here's a definition from wikipedia:

Hate speech is, outside the law, communication that vilifies a person or a group on the basis of one or more characteristics. Examples include but are not limited to: color, disability, ethnicity, gender, nationality, race, religion, and sexual orientation.
http://en.wikipedia.org/wiki/Hate_speech

WD:  Please note that I am not a thought police. I have no interest in censoring LKM's resounding support for 377A. [Note: I did not comment on his other FB post drumming support for 377A.] (sic)

However, when LKM posted homophobic declarations, passing his OPINIONS off as FACTS (until otherwise challenged), and posting MISINFORMATION that constitutes hate speech, then I'm afraid he has crossed the line (as per Facebook's Terms of Use).

WD:  Let me borrow from the story of "The Emperor's new clothes" by Hans Christian Andersen.

http://en.wikipedia.org/wiki/The_Emperor's_New_Clothes

Which kind of friend are you? Which kind of friend would you rather have?
(a) the ministers: who let the emperor exhibit his folly for the world to see; who cannot see the clothing themselves, but pretend that they can for fear of appearing unfit for their positions; or
(b) the child: who calls a spade a spade, and blurts out the fact that the Emperor is wearing nothing at all.

One's critic is not necessary one's foe, and conversely one's supporter is not necessary one's friend. LKM, as a parent, should be well aware of which kind of friend he would prefer for himself and/or his children.

WD:  In the same way that LKM recognizes that it is only the homosexual sex acts "that I [he] find it repulsive", that he is "capable of loving even homosexuals"; it is only LKM's posting of bigotry statements on social media that I find repulsive, and I recognize that he has other positive attributes which he expresses, even on the same FB social media account.

When a person posts controversial statements on his/her FB wall, he/she should be well aware that it is not the same as painting those controversial statements on one's own home walls. The "social" nature of FB means that the person posting those statements jolly well be prepared to defend his/her stance and/or face complaints about his/her posting.

Now, as I have said earlier, I recognize there is positive value in some of LKM's other inspirational FB postings. As such, I do not believe nor wish for him to lose his entire FB account over his temporary lapse in judgement by posting hate speech on his FB wall. That said, his homophobic remarks can be a form of cyber-bullying. When good men/women remain silent in witnessing bullying, they are implicitly condoning the act of bullying and empowering the bully to continue his/her wayward behaviour.

I hope that I have made my stance clear.

LKM:  Now I feel so guilty having to know that I have contravened the use of FB's design intent .... but I still wish to use the last post I am capable of making in support of Penal Code 377A DON'T REPEAL IT !!!!

WD:  > "last post I am capable of making"

Aiyoh, no need to be so drama king lah. I am not a thought police nor a backstabber. I warned you so that you can cease and desist from making further hate speech. Of course, if you fail to do so, I reserve the right to lodge a complaint with Facebook.

So, go ahead and drum all the support you want to create for 377A. Just do it by sticking to the facts. 

Do not post PREJUDICIAL OPINIONS that could be construed as HATE SPEECH, otherwise you'd have contravened Facebook's Terms of Usage. If you care for your friends who share your support of 377A, you may want to explain to them about the fine line between supporting 377A and sprouting hate speech. Just my 2 cents.

------------------------------

[On another of LKM's (slightly earlier) Facebook posting, indicating his intent to promote his pro-377A stance.]

LKM: I make NO APOLOGIES to my friends. If you're offended by my PRO-Penal Code 377A stand, please simply remove me from your FaceBook friends list :)

Being a father of 5 children through natural birth, I cannot visualize same sex marriage as anything near legitimate relationship, and moreso, cannot understand any sane human would ever want to champion such a SICK course ?!!!
Like · 39

[Snipped off - 3 other comments supporting and adding to LKM's stance]

WD:  It is not about offence but contravention of FB's Terms of Usage, which you violated through posting "hate speech" in your other FB post which I have challenged. For details, please see my comments on your other FB post.

[Edit: Note that url to LKM's other FB post "If homosexual intercourse is legally permissible, I fear for our Army !!!!" (see above) is removed from display on this blog for privacy reasons.]

As a friend, it is my duty to tell you when you've crossed the line, so that you will not lose your ENTIRE FB ACCOUNT on the basis of a momentary lapse of judgement in your postings. 

As your friend, I make NO APOLOGIES for doing the right thing in pointing out when you've overstepped the line. Unless of course, you'd prefer that I report you to FB directly, behind your back?

LKM: ... and even at the risk of loosing my entire FB account, I wish to do so championing the keeping of Penal Code 377A for Singapore ...

Like · 2

WD:  @ LKM: As I mentioned in your other post, I am not a thought police. You can champion for support to keep Penal Code 377A for Singapore. Just do it by sticking to the facts.

Do not post PREJUDICIAL OPINIONS that could be construed as HATE SPEECH, otherwise you'd have contravened Facebook's Terms of Usage. If you care for your friends who share your support of 377A, you may want to explain to them about the fine line between supporting 377A and sprouting hate speech. Just my 2 cents.

------------------------------

Has my challenge/feedback to LKM worked? Well, it depends on what you mean by "worked". For now, LKM has stopped passing-off his homophobic opinions as facts. He is still drumming support for 377A, but he is now quoting online sources such as wikipedia's entry on Singapore's 377A.

Actually, LKM is rather similar to another 2 pro-PAP Singaporean guys that I know. [Click here and here for more.] All 3 are born-and-bred Singapore citizens. All 3 are born-again Christians. All 3 graduated from polytechnic around late-1980's or early-1990's. All 3 went on to professional/executive careers, thanking their god for their career success. All 3 are homophobic.

Now, I know that a lot of online bloggers and commenters (presumably male Singaporeans) like to put the blame of PAP's majority votes on those "ignorant Singaporean women who do not go through NS". Perhaps, just perhaps, these online bloggers/commenters would do well go knocking on some Christian doors. After all, for those conservative right-wing Christian households, their church would often teach that the wife and children must obey the husband (who represents Christ as the head of the household); and thus, if you manage to convince these homophobic Christian men to vote for alternative parties, you may actually win over 2 or more votes per man swayed.

p.s. Please do not ostracize our fellow Singaporean, right-wing Christian, PAP supporters. Some of them are really nice people when you know them personally (e.g. my friends LKM and X). IMHO, "engage and educate" is the best approach to win them over. After all, each individual is a complex multi-faceted combination of qualities, not just a cardboard cut-out of their religious and/or political affiliations.

"Suddenly, Last Winter"
Listen to what Luka said at 1:40 to 2:15 (replace "pope/bishop" with "pastor", replace "Italians" with "Singaporeans"... does it ring a bell?)

Migrant Workers - Part 3

Before I start, please check out "Who chases workers up cranes?" by Yawning Bread on how the officers from the Singapore Ministry of Manpower handle complaints from 2 foreign migrant workers. Below are extracts from Yawning Bread's "Who chases workers up cranes?".

"The two men thought that not only were the deductions unjust, it was absurd that they had not been told of this before.

They went to MOM to lodge a complaint about the owed salaries, the unannounced deductions and the net effect of  negating their claims. The officer at MOM told them to bring documentary proof."

As Yawning Bread remarked, Acting Manpower Minister "Tan Chuan-Jin said in his Facebook post that “MOM requires documentation from workers in order to substantiate their claims”, but he seems ignorant of the power imbalance between low-wage  (especially migrant) workers, and employers."

------------------------------

Let us look at how a case of alleged illegal collection of employment fees is handled in Alberta, Canada. For more details of the case, please click here (Director of Fair Trading order) and here (Appeal Board decision) for documents from Service Alberta, Government of Alberta. [I suggest reading the Appeal Board document for the fuller story of investigations involved.]

Note: In Alberta, Canada, it is illegal for any business operator to seek any fee, reward or other compensation from a job applicant. [See "Legislation" section of the Director of Fair Trading order for details.]

Below is a brief of what happened according to the above Service Alberta, Government of Alberta documents.

1. Albera Ltd (a.k.a. Mabis Recruitment Agency) operates as an employment agency business by the sole director AC and the representative VV of the company.

2. Mabis recruited and arranged for temporary foreign workers (TFWs) to work as food counter attendants at a Tim Horton's franchise in Edmonton.

3. Mabis obtained the visas and airline tickets for the TFWs who, after arrival, worked in the said franchise. The franchise owner reimbursed Mabis the cost and quoted recruitment fees.

4. Some of the TFWs complained to Service Alberta that Mabis collected employment fees from them.

"A number of foreign workers filed complaints with Service Alberta that monies were paid to the Appellants, or their agents, in Korea or by electronic funds transfer to the Appellants [Mabis et al] in Edmonton. ... Service Alberta had opened 24 files based on separate complaints against the Appellants [Mabis et al] for receipt of funds contrary to the regulations of the Act which were not paid back to the Complainants." - extracted from Paragraph 17 of the Appeal Board decision.

"The Complainants who gave evidence were not sophisticated individuals. They came from overseas to work in Canada for minimum wage, a good portion of which is sent back to their families in the Philippines. The monies that had been charged varied from $700 to over $5,000, with most being in the $1,5000 to $3,000 range. This equates to a significant sum of money for these individuals who are faced with the rules, regulations and processes of a foreign country (Canada), all of which would be daunting to anyone unless they felt strongly about their situation. The Complainants giving evidence at the appeal hearing also indicated that, while they thought that the payments made to the Appellants were payments of fees for getting a job in Canada at the time, they were prepared to make those payments to get employment in Canada. It was only after they learned that those payments were illegal under the Act, that they filed the complaint against the Appellants." - extracted from Paragraph 18 of the Appeal Board decision with emphasis added by WD.

5. The complaint resulted in investigations by Service Alberta leading to the Director of Fair Trading order to Alberta Ltd (a.k.a. Mabis Recruitment Agency), AC and VV to

"immediately stop demanding or indirectly demanding or collecting a fee, reward or other compensation from a person who is seeking employment, or for securing or endeavouring to secure employment for the person." - extracted from the Director of Fair Trading order.

6. Mabis and its operators appealed against the Director of Fair Trading order.

7. As common with such dispute cases, there are situations of "your word against mine". The Appeal Board investigators report supported the TFWs claims as follow [extracted from Paragraph 19 of the Appeal Board decision with emphasis added by WD].

"a. Lawyer for the Appellants indicated that the Complainants conspired to cause problems for the Appellants yet the large number of complaints (47), most of which are still overseas, does not support this conspiracy theory."

"b. The documents that were signed by the Complainants, indicating that they were given their money back in cash, was acknowledged to be signed by the Complainants, however, the Appeal Board accepts their explanation that they feared that if they did not sign the document, they would not get employment in Canada."

"c. The Appellants indicated that they had no agents overseas, yet, the investigator's report indicates that there are emails that seem to contradict that."

8. There was also attacks on the (Complainants) TFWs credibility of giving evidence under oath because 2 of them had produced "resumes that contained inaccurate representations of work experience". "The Appeal Board finds that the puffery that the Complainants acknowledged in their resumes could not be equated to the evidence that they gave at the hearing under oath and accepts the Complainants explanation as truthful." -- extracted from Paragraph 20 of the Appeal Board decision.

9. Paragraph 22 of the Appeal Board decision with emphasis added by WD.

"When taking all of the evidence into consideration, the Appeal Board viewed the arrangement as being in the control of the Appellants. The Appellants could easily have avoided this controversy by opening a trust account with a chartered bank and having all money pass through that account with the use of cheques or traceable money orders, but they chose not to. The Complainants did get some benefit in coming to Canada, but they are not becoming wealthy by doing the work they do. On the other hand, the Appellants would seem to be benefiting much more and on the balance of probabilities, the evidence of the Complainants is preferred."

10. The Appeal Board ordered witness fees to be paid to the complainant witnesses (TFWs).

------------------------------

If you read stories from H.O.M.E., TWC2, and foreign labour related entries from Yawning Bread [click here or here for examples] or TheOnlineCitizen, you would know that unscrupulous agents and/or employers exploiting the ignorance and imbalance-in-power of temporary foreign workers to make money off their backs exist in Singapore.

You will also note the huge differences in the handling of complaints from temporary foreign workers (TFWs). For example:

• Singapore MOM's bring your own black-and-white evidence for prosecution; vs Canada's sending in an investigator.
• Singapore's "law-by-law" approach relying on black-and-white evidence; vs Canada's wherein if the black-and-white evidence runs counter to the allegations of the TFWs, the officials consider the explanation given by the TFWs for the discrepancy and the relative benefits of the situation to each party (see point 9 above).
• Acting Manpower Minister Tan Chuan-Jin's statement which suggested a disregard of the power imbalance between low-wage  (especially migrant) workers, and employer; vs Canada's "Appeal Board viewed the arrangement as being in the control of the Appellants" [employment agent].
• Singapore's CPIB/Airport-Police plans to utilize TFWs for their investigative work without compensation whatsoever, and instead, relying on charity for the TFWs' sustenance; vs Canada where witness are paid fees, and victims of human trafficking are provided protection and assistance by the government. [Click here for details of the support given.]

IMHO, Singapore should hang its head in shame given its claims of a wealthier government and more efficient bureaucracy. Especially in this case, where instead of enforcing the Ministry of Manpower's "Labour Court" ruling that was in favour of the TFW, its officer recalled the TFW to the MOM office to subject him to another round of interrogation.

Some may say, it is easy in the above Canadian example for action to be taken against a small-to-medium-sized private business. Now, what if the party involved is a large and/or government-linked organization (e.g. SMRT Corp)? We shall see in the next instalment (part 4).

[Note: Click for the previous part 1 and part 2 of this "Migrant Workers" series.]

------------------------------

I would just like to add a few postscript notes for people who may be seeking employment in Canada.

1. Do not trust someone on the basis of him/her being your own countrymen

I happened to know a bit of information about the couple involved in the Canadian case above. AC is the husband of VV. AC originated from Singapore (born-and-bred Singaporean) and VV originated from The Philippines, before they migrated to Canada together. The main group of TFWs that they collected fees from were Filipinos. [Yeah, VV's fellow countrymen.] 

Let's just say that I had been proposition by some Singaporeans (based in Canada or elsewhere) with various schemes/plans when I sought to build a network of contacts during the period of my transition to Canada. Be careful of people giving you free business or investment advice/suggestions. Analyze things carefully and independently, or the freebies may end-up costing you more than you realize. I am glad that I took the conservative path and avoided committing on any major business or financial directions/transactions until I gathered independent sources of data/information.

2. Use of look-alike or sound-alike names to piggyback on famous brands

Some Filipinos reading this would recognize "Mabis" as a well-known and reputable Filipino recruitment agency. But the Mabis Recruitment Agency (a.k.a. Alberta Ltd) is totally unrelated to the well-known MAB Int'l. Services Inc. (MABIS). Too many people have a tendency not to "read the fine print" and rely on their own inferred association rather than checking the reality. Sometimes such association is harmless, but other times (as shown in the case above) it may cost them heavily.

There are also similar brand rip-offs in Singapore. Sometimes the rip-off may just be that of piggyback on a famous name association without the malicious intent. Nevertheless, it may confuse people who rely on their own inferred association rather than checking the reality. E.g. My friend LC (who was born in Hong Kong, graduated from Ireland and worked in London before relocating to Singapore with his British wife) actually thought that sending his sons to Eton House in Singapore would be akin to sending them to famous Eton College in U.K. where Prince William studied. Even after I told him that they are not related, he still liked the sound of his sons having attended "Eton". Fortunately, it so happened that LC and his family left the little red dot before his sons reached school age.

Canada's immigration and visa regulations are transparent and accessible online. If you plan to work in Canada, please check the facts out for yourself from the Canada Immigration and Citizenship website instead of relying on hearsay. It takes some effort on your part, but it may save you lots of potential heartache.