Toronto, Ontario, December 16, 2009 – When Citizenship and Immigration Canada finally granted Juana Tejada’s dying wish of permanent residence on humanitarian grounds in 2008, it acknowledged an injustice that had befallen her. While she had otherwise met all the requirements for permanent residence under the Live-in Caregiver Program (“LCP”), being stricken with terminal cancer rendered her medically inadmissible to Canada, her application was initially refused, and she told by an immigration officer to leave Canada immediately.
Inspired by Juana’s struggle for justice, the Independent Workers Association (“iWorkers”) launched a public campaign for The Juana Tejada Law in August 2008, calling for the elimination of the required medical examination for live-in caregivers applying for permanent residence. The iWorkers, in consultation with Juana’s lawyer, Rafael Fabregas, presented this campaign to the Minister of Citizenship, Immigration and Multiculturalism in April 2009, and to the Standing Committee on Citizenship and Immigration (“Standing Committee”) in May 2009.
The Standing Committee quickly responded by unanimously recommending that the Canadian Government implement The Juana Tejada Law, and on Saturday, December 12, 2009, the Canadian Government announced that it would adopt this recommendation among other proposed changes to the LCP. Bernarda Salonga, Juana’s sister who is also in Canada working as a live-in caregiver, was moved by these developments. “Thank you Prime Minister Stephen Harper and Immigration Minister Jason Kenney for honouring Juana and all caregivers. Juana would have been very happy to hear this news. I am so proud of her,” she said. Unfortunately, Juana did not live to see the fruits of her labour. She passed away this past March 2009.
The iWorkers applaud and express their sincerest gratitude to Immigration Minister Jason Kenney and to the Government of Canada for its full support of The Juana Tejada Law, and for its other proposed reforms to the LCP. Minister Kenney, in particular, has proven his leadership on this issue. “Minister Kenney's announcement adopting this recommendation has become a watershed moment for all foreign workers coming to Canada under the LCP, past, present and future” said Wayne Fraser, United Steelworkers (District 6) Director. “It is the result of many years of lobbying efforts with various federal governments.”
As an organization committed to improving the conditions of the workers, “iWorkers will continue its call for changes to the LCP not yet addressed with this announcement”, said Maru Maesa, a caregiver and an iWorkers organizer. “The iWorkers believe that no level of abuse and exploitation is acceptable. We reiterate our call for open work permits; for a ‘live-in’ component that is optional; for mandatory information sessions for caregivers and employers; for the extension of Interim Federal Health coverage to caregivers; for a moratorium on deportations of victimized caregivers; for application processing times to be reduced; for family members to be with the caregiver in Canada and allowed to work or study; for giving credit to work performed outside Canada towards the 2-year requirement; and for the monitoring of our wage rates”, Maru continued.
The iWorkers is an organization of foreign live-in caregivers, personal support workers and home care providers. It was formed in June 2008 as a joint initiative between the United Steelworkers (District 6) and Migrante-Ontario to protect and promote the rights and welfare of caregivers and home care providers and lobby for reforms that will improve the lives of these workers.
Contact Information:
Rafael Fabregas, Barrister & Solicitor
Mamann, Sandaluk, Immigration Lawyers
82 Richmond Street East
Toronto, ON M5C 1P1
Direct Tel: 416-548-9075 416-548-9075
E-mail: rfabregas@migrationlaw.com
Connie Sorio, Interim Spokesperson
Independent Workers Association
Cell: 647-200-2839 647-200-2839
E-mail: connie_sorio@yahoo.ca
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