E/CN.4/2001/83/Add.1
page 12
persons adhering to this immigration plan. In its information leaflet the Government advises
workers in this class, after arriving in Canada, to inquire in their place of residence - and hence
place of employment - about coverage by the hospital insurance office and about its cost.
43.
The Special Rapporteur expressed her concern to Ms. Elinor Caplan, Minister of
Citizenship and Immigration, about certain aspects of the programme which had been mentioned
to her by various female caregivers and NGOs working with people in this category. In
particular, she mentioned the uncertainty as to whether or not it was necessary to work for the
same employer during the 24-month period required in order to be able to apply for permanent
residence. According to the information received from the Government, this is not necessary; it
has been established that the caregiver may move from one employer to another. The Special
Rapporteur confirms that this question is clarified on page 13 of the French text of the document
explaining the programme. In order to change employers, however, a “record of employment” is
required from the first employer with whom the caregiver registered. If the employer refuses to
complete the relevant form, the caregiver may apply to the human resource centre of the place
where he or she works for a supervisor to request the employer to complete the form.
44.
Canada admits temporary workers on an annual basis, most entering the agricultural
sector under bilateral agreements. According to the information given by the CIC to the
Special Rapporteur, in 1999 81,997 seasonal workers holding temporary residence visas entered
Canada from countries such as Australia, France, Germany, Jamaica, Japan, Mexico,
the Philippines, Trinidad and Tobago, the United Kingdom and the United States. Attention
should be drawn to the admission of workers from Mexico and the Caribbean under the
Commonwealth Caribbean and Mexican Seasonal Agricultural Worker Programme (SAW).
The general principles of this programme are set out in bilateral agreements between Canada
and the countries of origin of these workers.
45.
Secondly, students also come under this class. Before submitting an application for
permission to study in Canada, the person concerned must be accepted as a full-time student in
an educational institution recognized by the Ministry of Education. The Canadian Embassy in
the country of origin issues a permit enabling the person to enter Canada as a student and to live
in the country throughout the period of his or her studies. The person concerned must obtain
authorization to study in Canada before leaving his or her own country.
46.
During her visits to Ottawa, Toronto, Vancouver and Montreal, the Special Rapporteur
had an opportunity to meet senior officials and to discuss the present situation of migration
throughout the world and, in particular, the challenges for Governments posed by current
migratory movements. She was encouraged by the positive attitude of the Government to the
new situation created by migratory movements which are breaking the patterns of the past. In
this connection, she wishes to mention with appreciation the view expressed by the Minister of
Citizenship and Immigration, who told the Special Rapporteur of her concern about the question
of trafficking in persons. In particular, the Minister expressed her interest in the victims of this
new form of violation of human rights affecting male and female migrants who, seeking a
solution to a desperate situation, fall into the hands of traffickers. The Special Rapporteur takes
note with appreciation of the steps taken by the Canadian Government to try to prevent situations
of this kind from arising; these steps are set out in Bill C-31, which, at the time of drafting this
report, is being debated in the Canadian Parliament.