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23 Quebec business owners launch $300 million lawsuit over temporary foreign worker permits
23 Quebec business owners launch $300 million lawsuit over temporary foreign worker permits

CTV News

time2 days ago

  • Business
  • CTV News

23 Quebec business owners launch $300 million lawsuit over temporary foreign worker permits

A group of Quebec business owners have launched a $300 million lawsuit against the federal government this month, arguing they're facing bankruptcy if Ottawa goes ahead with its plan to reduce the number of foreign workers coming into Canada. The heads of the 23 businesses, which make everything from steel products to winter jackets and airplane parts, say temporary foreign workers are essential to stay afloat. With Ottawa is pushing to reduce the number of permits its issues, employers are upset. 'The federal government from 2021 to 2024. It has said to those enterprise you can count on foreign workers as much as you like,' said the lawyer representing the business owners, Frédéric Bérard. 'And all of a sudden, they decided to flip the table and say, well, forget about that, we're changing the rules.' He said the business owners want to cover their losses. 'The federal government obviously is killing some part, some very important vital parts of our economy,' said Berard. The changes were put in place after growing pressure from Quebec and some conservative organizations who argue Canada can't sustain such massive temporary immigration. 'We we've seen an increase of 300,000 temporary immigrants, 300,000 additional people. So of course it has it has a major impact on services,' Quebec Premier François Legault said back in October. But business groups in the province say restricting the number of temporary workers means they can't fill vacant positions, which affects their output and may even force some of them out of business. 'These companies either have to slow down production refills, contracts and in certain cases they wait. They will even close down at certain shifts we can think of. We can shift night shifts because we can't find the workers that we need,' said Véronique Proulx of the Federation of Chambers of Commerce. The federal government did not respond to a request for comment at time of publication. But the businesses say it's an urgent matter because they lose money every month and need financial stability if they don't have workers to do the job.

What migrant worker deaths reveal about Malaysia's fragile Socso system
What migrant worker deaths reveal about Malaysia's fragile Socso system

Malay Mail

time2 days ago

  • Health
  • Malay Mail

What migrant worker deaths reveal about Malaysia's fragile Socso system

KUALA LUMPUR, July 19 — Two foreign workers were injured on the job in Malaysia but their stories couldn't have been more different. One – Jebaraj Kumar (not his real name) from India – died alone, with his hospital bills unpaid. His body remained in the morgue for nearly two months and was only flown back to India in a closed casket after the outstanding bills were settled. The other – Sri Handayani or Riyanie, a 49-year-old maid from Indonesia – was hit by a car while heading to the grocery store. She was treated and discharged within hours, received a month of physiotherapy, and has since returned to work. The incidents happened about a year apart. The Malaysian government-backed insurance scheme for workers, the Social Security Organisation (Perkeso), paid for both medical bills. All workers, foreign and local, are required by law to be enrolled in Perkeso, which not only pays for medical bills for injuries and illnesses sustained at work, but also disability and death benefits. But Jebaraj did not receive any help from Perkeso until almost two months after his death, while Riyanie received assistance almost immediately. Their stories expose the stark difference in outcome on a system that arguably relies too much on employers and luck for workers with little support system here. 'For migrants, it is essential to be covered by (Perkeso) as migrants work in 3D (dirty, dangerous, difficult) sectors where injuries can happen anytime,' said Sumitha Shaanthinni Kishna, founder and director of the migrant labour rights group Our Journey. 'Perkeso has a very strong system when it works as intended.' Foreign workers working,Semenyih 12 May 2023—Picture by Raymond Manuel Without Perkeso The case of Jebaraj illustrates what could happen to a worker if the unthinkable happened without Perkeso's assistance. On March 6, 2024, the 48-year old man from Tamil Nadu, India was working in the kitchen of a restaurant in Bangsar, when a gas tank exploded. He sustained severe burns on 80 per cent of his body and was the only one injured, according to news reports on the incident. He was brought to Kuala Lumpur Hospital (HKL) for treatment. No one had notified his family. His 25-year-old daughter, who asked to be identified only as Suba, told Bernama via an interpreter that they only knew something was wrong when her father failed to call them at 6.30 pm as scheduled. She called her father's employer, who informed her that Jebaraj had been injured at work and was in the hospital. 'He told me my father was ok, he was awake and talking,' she said via Google Meet. 'We didn't fly to see him because we thought he was going to be ok.' She said in reality, her father was in a coma. She and her mother asked to talk to Jebaraj, or see photos of him recovering in the hospital, but the employer said HKL did not allow any phones on its premises. Things got worse from there. Jebaraj passed away on June 2, 2024. But Suba and her mother would not be able to bury him until almost two months later. She claimed that Jebaraj's employer tried to persuade the family to bury him in Malaysia, citing the extensive paperwork involved in repatriating the body. She then asked her father's friend to check on her father's case and found out that the body had not been released because of unpaid hospital bills. Suba is unsure whether her father's employer reported the case to Perkeso, as required by law. In any case, it appears Perkeso was not involved in Rebaraj's case until Sumitha-whose NGO is representing Suba and her mother-petitioned the organisation to cover the hospital bill and provide the entitlements owed to them. When contacted, Jebaraj's employers said he had Perkeso coverage at the time of the incident but did not explain why the hospital bills were left unpaid. Perkeso confirmed to Bernama via WhatsApp that Jebaraj was covered. 'Perkeso has investigated this case and confirmed that the case is covered under the Employment Injury Scheme (Act 4) and eligible to receive benefits from Perkeso,' the group said. Suba confirmed her mother has begun receiving dependent's benefits through the scheme. Malaysia made Perkeso coverage mandatory for foreign workers in 2019, and expanded its Invalidity Scheme to foreign workers in July 2024 to provide disability pension, funeral and death benefits, as well as survivors' benefits. Failure to comply could result in a RM10,000 fine or two-years' imprisonment or both. Perkeso has covered Malaysian workers' since 1971 via the Employees' Social Security Act 1969 (Act 4), Self-Employment Social Security Act 2017 (Act 789) and Employment Insurance System Act 2017 (Act 800). With Perkeso Riyanie vividly recalls the terrifying moment the car struck her-her body and purse flying into the air. Just moments earlier, she had been waiting for the light to turn green so she could cross. Now, she lay sprawled in the middle of the road in Puchong like a rag doll, blood covering her face and body, the contents of her purse scattered around her. 'I could tell it was bad because there was so much blood. My hand was covered in blood,' said the Indonesian domestic worker to Bernama. Pedestrians and the remorseful driver helped her contact her employer and took her to the nearest clinic and then to Putrajaya Hospital. Her employer met her there, stayed by her side during the X-rays, helped her through treatment for a scalp gash, and arranged her physiotherapy sessions. She also assisted Ryanie fill out the necessary forms. Not once during that time did she worry about accessing medical care, including the physical rehabilitation for muscle damage on her right side. 'I received physiotherapy from Perkeso too-they covered everything,' she said, adding that her employer had enrolled her in the programme as required by law, and also provided coverage under the Indonesian government's workers' insurance scheme. The accident took place on May 6 this year. Today, Riyanie is fully healed, healthy and moving without any aches or pains. She described the entire process as smooth and mostly hassle-free. All she had to do was provide her Perkeso number to the hospital staff, and if she didn't have it, her employer would do it for her. For Riyanie, the system worked as intended. Differences in response Both are foreign workers who met with an accident at work. Both have Perkeso coverage. Yet, the paths diverged sharply. Experts said the difference came down to how helpful the employers are. For foreign workers, who are often alone and lack a support network here, this reliance on the employer is compounded. Malaysian workers who are recent transplants may be in a similar situation. Bar Council Migrants and Refugees Committee Co-Chair Datuk Seri Ramachelvam told Bernama the onus was mostly on employers contacting Perkeso when accidents happen. 'There's also nothing barring an employee from reporting, but employees are less likely to report it in the sense of the lack of knowledge,' he told Bernama via Zoom. Media reports of serious or deadly incidents are not enough to trigger Perkeso action either as there is no way to know who the workers involved were or whether they were contributors to Perkeso. Under Malaysian law, not all workers are covered. Workers who earn more than RM6,000 are not required to have Perkeso coverage, a ceiling increase from RM 4,000 to RM5,000 on Sept 1, 2022, and another to RM6,000 on Oct 1, 2024. National Association of Human Resources Malaysia (PUSMA) president Zarina Ismail said the way Perkeso is set up, employers have an outsized role in looking after their employees. 'As employers, that is their responsibility. Whether it's a big or small company, once we hire workers-whether foreign or local-it is our duty to ensure their welfare,' she said. Nevertheless, labour experts said most employers are compliant and provide Perkeso and other coverage for their workers as required by law. socso Filling in gaps That employers should be responsible for their employees' well-being is a given. But a system that hinges on them to activate benefits leaves too much room for failure. Labour experts say to prevent cases such as Jebaraj's, there needs to be changes at the systemic and administrative level. All said better communication between governmental agencies would help plug the gap in reporting and service. Attorney Michael Cheah, who deals with labour issues among others at AmerBON Advocates, blamed government agencies' tendency to work in siloes. 'The system is built in such a way that everyone operates in siloes so there's no integration between the agencies,' he said. Ramachelvam agreed. He said having a standard operating procedure (SOP) in place where one department receiving a report triggers action from another agency would prevent cases from slipping through the cracks. For instance, the law mandates reporting of industrial accidents to the Department of Occupational Safety and Health (DOSH). Should any worker die or be injured, DOSH can take note and inform Perkeso. 'I don't see why, when an accident is reported to the department (DOSH), there should (not) be an SOP for it to notify Perkeso as well-so that Perkeso can follow up,' he said. 'That future may not be long way off. Even now, the government is in the process of digitalisation and possibly digitally linking their services between agencies, as part of the five-year digitalisation plan, overseen by Jabatan Digital Negara (JDN). In the meantime, Riyanie – who still cares for her employer's elderly mother – considers herself fortunate to be working for a family that follows the rules. A mother of three grown children, she feels assured they will be taken care of should anything happen to her while she's away from home. 'I'm not worried because I have insurance,' she said, smiling. For Suba, her father's passing, alone and unconscious in a strange land, is still a source of pain. She last saw him in 2019 when he was in India for a vacation. 'He was supposed to come back last year to arrange my marriage,' she said. Instead, the next time Jebaraj was back on Indian soil, it was in a closed casket, buried hurriedly at 2 am without a priest attending the burial. 'I'm still heartbroken that I couldn't talk to him before he died.' — Bernama

Woman flees immigration raid, leaves husband and children behind
Woman flees immigration raid, leaves husband and children behind

Malay Mail

time3 days ago

  • Malay Mail

Woman flees immigration raid, leaves husband and children behind

IPOH, July 19 — A foreign woman, believed to be from Sulawesi, fled and left behind her husband and two young children during a pre-dawn immigration raid at a construction site in Persiaran Panorama Lapangan Perdana here today. The family was among over 200 foreigners screened in the joint operation by the Perak Immigration Department and the General Operations Force. Her husband and children, aged two and three, were detained, while she escaped. Perak Immigration director Datuk James Lee said about 120 individuals were arrested for offences under the Immigration Act 1959/63 and related regulations. 'Our main focus tonight was on those using fake or expired documents, or staying in the country illegally,' he said. He urged employers to deal directly with the Immigration Department and avoid using middlemen. Those detained will be sent to the Home Ministry Complex, while undocumented children will be placed in a special depot. — Bernama

Court weighs parole ineligibility for foreign worker in Leamington 'crime of passion' murder
Court weighs parole ineligibility for foreign worker in Leamington 'crime of passion' murder

CTV News

time4 days ago

  • CTV News

Court weighs parole ineligibility for foreign worker in Leamington 'crime of passion' murder

The court weighs parole ineligibility for a foreign worker in Leamington a 'crime of passion' murder in 2022. Warning: contains graphic content David Espinoza Montes, 41, has already pleaded guilty to second-degree murder for killing his common-law spouse, Shermaine Carling, 33. Both were working in Leamington as temporary foreign workers and living together in a rooming house on Mill Street. On Sept. 29, 2022, Carling was stabbed to death with a knife and a pair of scissors, by Espinoza Montes. 'It may have been a momentary lapse in judgement by the accused, but it was a brutal and sustained act of violence against Ms. Carling,' Assistant Crown Attorney Nicole Stortini said Thursday. 'She was defenceless and attacked in the sanctity of her own home.' Court learned Carling suffered 48 'sharp force wounds' to her body, including 21 in her back and 17 in her neck and upper torso. Victim Impact Statements Stortini described two victim impact statements read into the record as 'powerful'. They were both read into the record by Assistant Crown Attorney Jayme Lesperance, on behalf of family that does not live in Canada. 'The brutality of my sister's murder - committed in the very home she once called her sanctuary -has shattered our sense of safety and left us living in constant fear,' Rhea Pulido told the court. Pulido said her sister immigrated to Canada to provide a better life for her two children and to provide for her extended family in the Philippines. 'Her death has thus inflicted a dual loss: the irreplaceable presence of a devoted daughter, sister, and mother, and the broad-reaching financial foundation she so selflessly built for our entire family.' Jhoy William-Sipol, another relative of Carling's, told the court both of Carlings' children have now dropped out of school due to stress. 'As the main point of contact for authorities, doctors, victim's services, and others, I'm usually the first to hear the news or any updates and then comes the difficult task of sharing it with family members who are more in deep pain than I am,' William-Sipol wrote. William-Sipol explained the emotional toll of the court process since 2022. 'I felt vulnerable and feared retaliation from friends of the accused, knowing I'm the executor.' Accused apologizes Espinosa Montes apologized to the Carling family, the court and to Canada when given a chance to speak Thursday. 'I came to this country for the purpose of working. I did not come to create problems to this country,' Espinosa Montes said. 'I have never been in prison in my life. I have never been in prison in my own country. This is my first time.' Espinosa Montes didn't speak specifically about Carling but did say he is remorseful for his actions that took her life. 'I apologize again to her family, her children, her mother. And I only pray now that God will guard them and protect them so they can get ahead,' Espinosa Montes said. 'I have lost so much for a moment of anger.' No excuse for actions 'This is a crime of passion,' defence lawyer Patricia Brown said Thursday during a sentencing hearing. 'The victim was seeing another man.' Brown said her client had a 'momentary lapse' in judgment. 'When he discovered those text messages on that fateful day, he caused the death of the victim. There is no excuse,' Brown said. She said her client was struggling from declining mental health, insomnia and alcohol abuse. 'Even the victim, earlier that day, was in support of him going to the clinic to get medication,' Brown said, noting however alcohol was not a factor the day of the killing. Joint submission on sentence Espinosa Montes pleaded guilty to second-degree murder, which carries a life sentence in prison. The defence and both Assistant Crown Attorneys presented a joint submission on sentencing. They would like Espinosa Montes to be sentenced to a period of parole ineligibility of 12 years. Judge reserves decision Justice Joseph Perfetto was prepared to return with his decision late Thursday afternoon. At the request of the Crown however, decided to defer to Wednesday July 23. Carlings' family members were watching the court proceedings remotely Thursday, where they are 12 hours ahead. He decided instead to return with a decision starting at 9 a.m. Immigration concerns At the time of her death, Carling was seeking refugee status so she could stay in Canada and continue to support her family in the Philippines. Espinoza Montes immigrated to Canada from Honduras because he was 'being targeted by a gang', according to Brown. She says her client fears for his safety once he's served his sentence in Canada. There was discussion Thursday about Espinoza Montes' fate once he is granted parole, with Brown noting he is likely to be deported but will attempt to remain in the country for safety reasons.

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