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Feds cry helpless as company refuses to produce proof it adequately sought miners in BC.
Unions want court to declare feds have control over Labour Market Opinions that firms are required to create justifying hiring temporary foreign workers.
Auditor general warned of fraud risk woven into Canada's program.
Employers wishing to use temporary foreign workers could be spared the hassle of proving they are legitimately needed depending on a court ruling this week.
Last Wednesday lawyers representing two Canadian unions squared off in court against lawyers representing the Canadian government over who controls documents related to a mining company's application for Temporary Foreign Worker (TFW) permits.
To be granted such permits, companies must provide a Labour Market Opinion showing they attempted to find Canadians for the position without success.
In December, a Federal Court judge ordered the Ministry of Human Resources and Skills Development to hand over all documents related to the permits to the International Union of Operating Engineers Local 114 and the Construction and Specialized Workers Union Local 1611.
The unions contend they need to see the documents HD Mining used to determine there were no Canadians available to work in its mine as part of a case to have a judicial review of the permits conducted.
But some of the documents -- such a resumes of Canadian workers who applied to work at the project -- are still held by HD Mining and the company refuses to give them to the government.
Now the HRSDC Ministry is in court arguing it has no control over the documents, despite sending three letters to the company demanding they be released last month.
Outside of court last week, lawyer for the unions Charles Gordon said if the judge rules the government does not have control over the documents it will set a precedent that leaves HRSDC powerless to enforce its own regulations.
"The shocking part of the federal government's position is that if they don't have control over the documents it means that companies can say they've done things that are necessary for them to get their LMOs without having to show that they did so," said Gordon.
"It means that a company could come in and say, 'Hey, no qualified Canadians applied for this job, but we're not going to show you the resumes that we got and you'll just have to accept that.'"
Gordon said according to regulations, to be granted permits for workers an employer must keep records detailing how it attempted to hire Canadians for two years in case the government has questions about the process.
He insists the government should be flexing its muscle to force the company to give up the documents, even if it means pulling the permits.
Three demands by feds rebuffed by HD Mining
In communications between HRSDC lawyer Lorne Lachance and Alex Stojicevic representing HD Mining, Lachance makes three requests for the documents, but instead elects to appeal the initial court ruling as per HD Mining's suggestion.
"The ministry hereby requests that your client, H.D. Mining International Ltd. Provide us with the following documents referred to in the Order, so that we may produce it to the applicants," wrote Lachance in his first letter on Dec. 11.
Five days later, Stojicevic sent an email to Lachance insisting the government has no right of control over the documents.
"I have been instructed to let you know that HD Mining does not intend to provide to the Minister any of the HD Mining documents that Justice Campbell is asking the Minister to produce, unless and to the extent you are able to provide some legal basis to compel those documents from the company," he wrote.
"The company's position is not intended to be difficult or uncooperative with the federal government, but rather is based on its profound concerns about the principle of third‐party unions using the court process to obtain documents from a private company simply by filing a judicial review application. This is a matter that goes well beyond this present case and is of concern to the company for its long‐term plans."
Stojicevic then writes the company "hopes" HRSDC Minister Diane Finley appeals the initial court decision.
After HD Mining's response, Lachance sent two more letters demanding the material.
"Further to our telephone call yesterday evening, I also confirm that my letters should be taken as a formal demand for these documents pursuant to any and all authority that the minister may have to either request or demand that HD Mining produce them to the minister," wrote Lachance on Dec. 20.
But HD Mining still refused and HRSDC decided to appeal the initial decision ordering the release of the documents.
Labour eyes contempt charge against Minister Finley
The judge's decision on who has control over the documents will be released this week.
If the ruling states the government has control over the documents, the unions could pursue a contempt of court charge against Minister Finley.
British Columbia has seen the use of temporary foreign workers skyrocket in the last decade to almost 70,000 such workers in the province at the end of 2011.
Unions and labour groups have alleged often the workers are paid far less than market wages, and employers can legally pay 15 per cent below average. ![[Tyee]](http://thetyee.cachefly.net/ui/img/ico_fishie.png){kind=small}
Read more: Politics, Labour + Industry,
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Frank
22 weeks ago
Unbelevable
The more ya hear about this case the more it stinks. The corruption seems to have no end to it.
How do you guys on the Right support this? What is your reasoning? Luke?
jamez
21 weeks ago
So, this is how Chinese companies intend to regard our courts...
Well, should be real interesting when FIPA is signed then, eh?!
Hakuin
21 weeks ago
Why would Chinese companies regard them any other way?
Our own "elected" representatives tell them to spit on our laws during their backroom secret meetings, why shouldn't they?
jamez
21 weeks ago
What is this government hiding?
Why are they spending our tax money on this?
David C
21 weeks ago
For sale?
Canada for sale?
http://contributions.electionsbc.gov.bc.ca/pcs/SA1ASearchResults.aspx?Contributor=dehua&PartySK=0&Party=(ALL)&DateTo=&DateFrom=&DFYear=&DFMonth=&DFDay=&DTYear=&DTMonth=&DTDay=
igbymac
21 weeks ago
Why does anyone support this, Frank?
And everyone who thinks the vote is going to stop the fascist crime stampede is completely delusional.
The NDP, however well meaning, are also part of the problem. At best they are like the band on the Titanic, playing on, helping nobody; at worst they are the lookout man for the gangster robbery.
What we need is revolution, total reform, starting with the enforcement of rule of law starting at the very top -- PMs, CEOs, etc. ; then our currency needs to become entirely controlled by the sovereign; and then the state must outlaw all corporations from operating in our country.
Of course this sort of rebirth won't and can't happen until far, far more are crippled by the exploits of the current capitalist system. So until then, we can watch as state inertia prepares to steamroll us all into oblivion.
Feverish
21 weeks ago
Powerless?
The BC fibbing Liberals were certainly not feeling powerless when they tore up legal, negotiated union contracts when they came into power.
What a balatant, bull$h!t double standard!!! How stupid does our subPrime Minister think we are? Or many it's our complacency he is counting on?
Over at CBC I saw a very inspiring headline... "Pakistan PM's arrest ordered by Supreme Court" - Maybe we should bring in some temporary foreign judges to clean our house... see how Steve the Peeve looks when his hands are truly tied.
Fiat lux
21 weeks ago
The problem is not the
The problem is not the politicians, but the incredibly corrupt economic theory/system they represent, with imaginary values distorting realities and measurements.
Until this is stopped, the politicians, and the public, can jump up and down, the same as they have been and are still doing in parts of the world, where priesthoods order them what to believe in and do.
The public will have to come to grip with the fact that today's so called "economists" are nothing more than a corrupt priesthood misleading the world into self destruction, with politicians humbly following their demands.
Our politicians don't even have the brains to figure out that "foreign investment" is the sale of the country, brings nothing, but becomes a perennial debt that takes everything.
When you have resources, you have the capital to develop them.
So, where is the public demand to stop this ongoing fraud and crime ?
Ed Deak.
Feverish
21 weeks ago
Some politiians
... are a HUGE part of the problem! They are the ones destroying environmental laws that protect the source of all life, further enabling the corruption and fraud.
Fiat lux
21 weeks ago
I agree that politicians are
I agree that politicians are part of and executors of the problems, but not necessarily the causes. Politicians, and rulers in general, are always brainwashed with and follow theories and beliefs that control their actions.
The same way as bacteria cause illnesses and unless we get rid of the bacteria, the illness can not be cured.
Ed Deak.
Skywalker
21 weeks ago
Harper has rendered the country powerless!
Incredible. The man has made himself absolutely useless to Canadians.
Skywalker
21 weeks ago
The politicians who are part of the problem...
...are the ones who know they can act without ever being held accountable. Keep turfing them out until you get some who are listening to the people. Either that or take to the streets with pitchforks and kick the bastards out of their comfy offices. Since you don't want to do the later then get involved with the existing political operations and change them. It is a lot easier than changing an economic system before it is much too late.
infolark
21 weeks ago
foreign workers
this is a prime example of the tail wagging the dog -- harper works for corporations and foreign governments not the Canadian People -- this company is being coached around out laws the same as the courts that issue the orders to produce records---- the government has to have copies of all documents prior to allowing the import of foreign workers--- the judges should be issuing the court order to produce records to both parties (the gov and the chinese company) the lawyers for the unions should be ammending the court documents naming both parties --if the gov cannot produce the documents then the applications could not have been issued or approved --really simple -- who is blind here?-- this is all bs Lawyers know better -- why -ask why the lawyers did not name both parties--ask why the judge did not name both parties??-- why now is the government taking direction from foreign companies to use our tax dollars to fight us?---commom folks we did not all just fall off the cabbage truck -- all news media should have brought these points up as well
jamez
21 weeks ago
infolark
The big story when this was in court the other day in other media was that the lawyers were arguing if Finley really meant her comments about if these applications are flawed....totally missing the point of the case and what's at stake.
Frank
21 weeks ago
igbymac
So instead of voting you support revolution? How do we choose a path after the revolution without voting? Whoever commands the most guns makes the rules?
Hakuin
21 weeks ago
Hey wait a minute!
I don't believe this for one second. Powerless? C'mon now, now that is legal for our government to waterboard and otherwise torture anyone who defies them they are claiming they can't get some pukey little company to barf up some basic documents? Gimme five minutes with them, I'll get the truth. And legally too.
CanadianLatitude
21 weeks ago
What bs. Harper is so anti
What bs. Harper is so anti union pro big business is the real reason.
lynn
21 weeks ago
No surprise
Anyone who has been paying attention knows who The Chairman represents... and it's not Canadians.
As Skywalker aptly writes above:
"The man has made himself absolutely useless to Canadians."
And apparently he has made himself, as has been his intention all along.... very, very useful to others.
pwlg
21 weeks ago
Frank, YIKES
It appears Luke is as embarrassed and ashamed of this as the other apologists for Christy Clark and Stephen Harper.
Obviously, the Fraser Institute has yet to write their opinion on the subject for if they had we would have received an abridged version a la Cool Hand Luke.
Personally, I was shocked that there are 70,000 temporary foreign workers in our province. The number of temporary foreign workers is far greater than the number of workers employed in forestry and logging (17,000) in our province.
In fact, the 70,000 temporary foreign workers who are in BC is far greater than all those working in forestry, mining, fishing and oil and gas in our province (40,000)
One has to wonder if all the jobs created since 2011 (19,000) went to foreign workers.
Yikes.
igbymac
21 weeks ago
Frank, you know I support the 'concept' of voting
particularly along accountable, lateral lines. Stop spinning my message :)
But voting in a corrupt system operated from commands abroad and implemented by brainwashed, ill-educated asshats that litter the seats of government is not the solution. It isn't even part of the solution at this point. It is, in fact, part of the problem.
The vote is your consent to the system with its bastardized rules allowed to take precendence since the sovereign rules (which are necessary to support the fabric of our nation-state) have long been extinguished.
I know there are good hearted, well meaning people in politics. My MP, Libby Davies, is just one example of a bright, informed person devoted to the people. Too bad she is a non-voice in the political decision-making despite speaking loudly in the House at times.
RickW
21 weeks ago
the company refuses to give them to the government.
Gosh, had I known the feds are helpless, I would have withheld my income tax statements over all these years.............
puppyg
21 weeks ago
He makes the rules around here.
What part of "Must speak Lithuanian, Tagalog, Mandarin or Indonesian and be willing to work for half of normal pay" don't you understand?
Cheesh... Canadians!
mission impossible
21 weeks ago
China doesn`t need more coal, they need breathable air
http://powellriverpersuader.blogspot.ca/2013/01/record-bc-coal-exports-to-china-record.html
The highest pollution levels ever recorded in China, the people are soon to revolt, they have no choice, either revolt or die of air pollution.
lynn
21 weeks ago
Worth repeating:
pwlg wrote:
"Personally, I was shocked that there are 70,000 temporary foreign workers in our province. The number of temporary foreign workers is far greater than the number of workers employed in forestry and logging (17,000) in our province.
In fact, the 70,000 temporary foreign workers who are in BC is far greater than all those working in forestry, mining, fishing and oil and gas in our province (40,000)
One has to wonder if all the jobs created since 2011 (19,000) went to foreign workers."
RockyRacoon
21 weeks ago
Findley is in Contempt They must have copies
Outside of the Tyee who is reporting on this. In or near Toronto the Maple Leafs get more study and the comments board is loaded with shills or want to be shills.
RR
freebear
21 weeks ago
A powerless country
Just what the company bag men want!
There must be a worldwide wool shortage because so may citizens have wool pulled over their eyes!
jamez
21 weeks ago
@rocky
It's been covered by others including the Globe and such, but they seem to miss the point alot.
jamez
21 weeks ago
Just heard
The unions won! The documents have to be handed over, screw you, Harper.
Feverish
21 weeks ago
And the winners are...
LAW FIRMS! Anytime the pie is sliced, there is a lawyer there to take a big big piece of the action. They remind me a lot of the rats skulking around the perimeter of my compost.
Purple Library Guy
21 weeks ago
Does that mean
they're powerless to question the stories of refugee claimants?
No standard is too double for the Cons.
Dave50
21 weeks ago
Canada is for sale to whom ever wants it.
Prime minster Stevie Harper and the BC liberal goverment can hardly wait to do business with Communist china, the fact that the actual land and logging and mineral rights are being sold to state owned communist Chinese companys. They can do whatever they want and hire whoever they want. I guarantee you they are not in business to benefit Canadians. Canada is up for sale to whoever wants it.This is just like what we do with our heavy oil we ship it unrefined to either the US or China where they refine it and make the real money. We have been giving our raw materials away forever when's it going to stop.Way to go LIEBRALS, we send them good solid logs and they send us back computer desks, coffee tables , dressers and chairs made of sawdust and glue.Stevie Harper isn't putting corporations before people. He is only putting OIL corporations before people. oil corporation official tell Stevie what to do.The money is just too big for Stevie and his corporate pals to refuse, Canadian taxpayer have zero say. Stevie Harper is George w Bush north. He has the same playbook.stevie Harper doing everything in his power to dismantle every environmental protection law Canada has created.Enbridge complains that the laws are 'too onerous'. Maybe they are onerous because that is what is required to protect the environment. The laws were put into place for a reason.The Enbridge pipeline is just a part of the this mad rush to fuel the USA and China. The government is jonesing like crazy to push this pipeline through and will try and change whatever legislation that is in the way to show the USA and China that they want to do business regardless of what Canadian taxpayer vote or think Oil wins, the 1% rule the 99% of passive , gullible taxpayers.Really nice how we the BC taxpayers say NO PIPELINE and the politicians we elected do an end around to stick it to us.