LARGE-SCALE DEPORTATION OF PORTUGUESE IN 2006

At the start of 2006, the Portuguese community in Canada became one of the targets of the Conservative Government’s policy to deport illegal workers. At the time, many believed that this was an attempt to eliminate unskilled workers and attract immigrants with higher education. The media, both locally and in Portugal, focused on the Portuguese, but the reality is that all ethnicities were targeted simultaneously.

The fear was real. I recall organizing a comedy show for over 1,000 Portuguese Canadians at the University of Toronto’s Convocation Hall, in April of that year, when I was confronted with the possibility of a large part of the audience not attending. Many feared that the police would target large gatherings to identify more people at once and, thus, make more arrests. Concurrently, many of our illegal immigrants at the time began to avoid attending community events at our local organizations. At the school where I worked that year, in west Toronto, there was also talk of potential classroom raids by the police to identify young men and women whose parents were here illegally. They were on high alert and ready to run if necessary. Many even avoided taking part in field trips to evade the possibility of being caught. 

While driving, and even as passengers, several illegal workers from the community were caught by the police. This occurred mostly to those who had already received an order for deportation and were sought by the authorities. Once they fell victim to a traffic stop and the police requested identification, they would be instantly arrested and later deported. Many others felt victims to whistleblowers such as neighbours, acquaintances, friends, and even family members.

In the community, there were constant reports on the situation but, in Portugal, media began to give the impression that the Portuguese were the main target of these deportations. The late Joel da Naia, former Immigration Consultant in Toronto, wrote the following in his weekly piece for Jornal Flash’s March 14, 2006, edition: “…The government will deport anyone, from any country, who resides here illegally and not as Agência Lusa has indicated, giving the false impression that only the Portuguese are targeted.” He then explained that, at the time, the government required a passing mark of 67% for anyone applying to become a permanent resident in Canada – that percentage on the Federal Skilled Worker Grid is still in effect in 2023. He went on to write: “Imagine what would be of Canada if this system was implemented in the fifties and sixties. How many Portuguese or Italian, or even South American, would be in Canada? What would be of the construction sector, which employs mostly workers from these countries? Nowadays, if it weren’t for sponsorships, which we hope the government does not legislate against, as it did in 1990, how would construction, and other sectors that don’t require such level of education, survive?”

A week later, Joel da Naia advised against illegal immigrants from the community submitting claims for refugee status in Canada. Allegedly, a common practice undertaken at the time by immigration professionals more interested in making a profit than helping the client, these types of claims would always end up in deportation. As an example, he used a real case from a Portuguese family who had initially come to him for help: “This couple came about two years ago seeking advice on how to proceed with their case. After I advised that the only way was to get a work contract and that, even though they would not get permanent resident status, they would be able to work, receive health care (…) and they could renew the contract at the end of each year. This process, I advised, would not have a negative impact in their future immigration claims. Imagine my astonishment when, three months later, the husband entered my office in the possession of a document telling me that he was now legally in Canada, that it had been arranged by his lawyer in Mississauga. He then proceeded to give me a lesson on immigration (…). When I told him that what he had in his possession was an authorization to work, because he had claimed refugee status, he did not believe me and left my office insulting me.” He went on to inform that only 13% of the total number of humanitarian and compassion claims had been accepted by the government at the time.

PRESSURE FROM COMMUNITY ORGANIZATIONS AND PERSONALITIES

By the end of March of 2006, several organizations and personalities connected to the Portuguese community began to put pressure on the government. On its March 28 edition, Jornal Flash had dedicated its two first pages to the subject. Toronto Councilor Adam Giambrone, School Trustee Tony Letra, and Member of Parliament Mario Silva issued press releases calling on the government to reconsider its position. This was accompanied by letters from the Alliance of Portuguese Clubs and Associations of Ontario and by the Coalition for Undocumented Construction Workers, addressed to Minister of Citizenship and Immigration, Monte Solberg, calling for discussions on alternate options for illegal workers.

On Friday, April 21, 2006, LiUNA Local 183, then under the leadership of Tony Dionisio, organized a demonstration in support of the illegal workers on the verge of deportation. Among other personalities present were the late Hazel McCallion, Mayor of Mississauga, and Michael Di Biase, Mayor of Vaughan.

A CALMER PERIOD

As the year progressed, panic slowly died down. Although undocumented workers were still being deported, the media was no longer keeping track of the numbers. However, the efforts undertaken by community organizations, and particularly those connected to the construction industry, continued, but the government did not seem to be listening.

In November of 2006, LiUNA Canadian Tri-Fund issued a press release, signed by José Eustáquio, showing its disgruntlement with the inaction of Stephen Harper’s government on the subject of illegal construction workers. The document revealed that there were around 200,000 undocumented workers living in Canada at the time. The release also alluded to a study conducted by LiUNA, called “The Impact of Undocumented Workers on the Residential Construction Industry in the Greater Toronto Area”, that found grave potential concerns in the sustenance of the sector without a proper workforce. The study resulted in recommendations such as the “Normalization Initiative”, the launch of a pilot project in the GTA to provide support to undocumented workers, and the planning of a summit to discuss and identify possible actions and solutions to the problem.

The pressure eventually paid off. Later in the month of November, Minister of Citizenship and Immigration, Monte Solberg, announced that he would soften immigration laws by allowing more foreigners to enter Canada on work contracts, especially those who accepted jobs in the provinces of Alberta and British Columbia. After pressure from the Ontario union sector, Minister Solberg agreed to discuss the possibility of including the province in the preferred destinations for workers. Solberg further announced that he was holding conversations with then Minister of Citizenship and Immigration of Ontario, Mike Colle, to expedite the process.

FURTHER CONSEQUENCES

The majority, if not all, of those who originated from Portugal and submitted claims for refugee status at that time, were deported. However, these occurrences were not the fault of those who sought to work and live here but the result of terrible advice from immigration lawyers and consultants.

In 2006, CSIC (Canadian Society of Immigration Consultants) showed that over one thousand immigration consultants had lost their licenses, a situation that stranded many workers who had started claims with these now unlicensed professionals.

The late Joel da Naia seemed to be right when he advised, in 2006, that work contracts were the most effective way to enter and/or remain in Canada legally. In addition to work contracts, the Government of Canada has implemented, in the past few years, different measures to allow immigrants to live and work in the country without fear.

Although 2006 was a remarkable year regarding the deportation of Portuguese immigrants, this was not the first time it occurred. In 1988, the community faced similar challenges with many claiming to be refugees. By 1989, the Canadian Press contended that nearly five thousand illegal immigrants from Portugal were waiting on a decision on their claims for refugee status.

2023 – WHAT CHANGED?

Although many Portuguese continue to look for Canada as a preferred destination to live and to work, the numbers are nowhere near those witnessed in the past. The vast majority continue to settle in Ontario, and particularly in Toronto, while other parts of Canada are no longer preferred destinations for those who come from Portugal.   

Most newcomers during past waves of immigration arrived here as visitors and remained in Canada out-of-status subquality seeking different avenues to attain permanent residency in Canada. This included work contracts, claims for refugee status, sponsorship, and even marriage. Nowadays, though many continue to come as tourists and end up staying, others are following the legal channels. Regardless of the circumstances in which they arrive, the reality is that there is currently more reliable information and improved supports for those who seek to stay in Canada permanently. This is partly due to better regulation and oversight of the immigration support agencies and professionals, many of which are newcomers themselves and empathize with the struggles faced by families and individuals who seek status in Canada.

Marlene Freitas is a Luso-Canadian who, in 2016, partnered with regulated Immigration Consultant, Diane Campos. Together, they founded Equality Immigration Services Inc. As a newcomer, Marlene knows the struggles of families trying to integrate themselves in Canada. Mrs. Freitas is head of Client Care at Equality Immigration Services Inc. and is dedicated to helping families and individuals integrate themselves economically in our communities. Equality Immigration Services Inc. has represented many families, individuals, and businesses throughout Canada. They specialize in bringing in skilled professionals and businesspeople, sponsoring spouses, partners and family members worldwide. In conversation with lusocanada.com, Marlene indicated that many Portuguese citizens continue to idealize Canada as their preferred destination to immigrate. “Many of our compatriots look for our services, especially those from the Azores and northern mainland Portugal. Thankfully, there are still many families who believe in the Canadian dream”, she stated.  

Over the years, the public has encountered confusion and misinformation via anecdotal sources with regards to long-term immigration in Canada. Fortunately, professionals like Marlene Freitas are knowledgeable and available to provide accurate, accessible and reliable information. Marlene has informed lusocanada.com that there are currently several options for obtaining permanent residency in Canada: “Each case is different, but there are essentially popular programs such as Express Entry, The Ontario Immigrant Nominee Program and each with their set of requirements. Finally,  the most gratifying is the Out of Status Construction Worker pilot Program (OSCW) – directed at construction workers who have been residing in Canada for more than five years, working in the Greater Toronto Area (GTA) without status for three or more years where English is no longer a requirement.”

Marlene states that “this program [OSWC] offers an opportunity to obtain permanent residency in Canada for all constructions workers who meet the program requirements”, as follows:

1. legally entered Canada as a temporary resident;
2. has continuously resided in Canada for at least five years on the date of their application;
3. at the time of the eligibility assessment by the Canadian Labour Congress (CLC), is working without authorization in the construction industry in the GTA and has accumulated, and be able to provide evidence of, three years full-time work experience within the past five years in construction in the GTA in the occupations referenced in Annex A;
4. has family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin) living in Canada who is a Canadian citizen or permanent resident, or has a spouse, common-law partner or child in Canada.

Please click on the following link for more information: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/public-policies/continue-facilitate-access-permanent-resident-out-of-status-construction-workers-gta.html

Although deportations continue to occur, Equality Immigration Services does not have first-hand experience with these cases as they do not specialize in this area. Nevertheless, Marlene asserts that at Equality Immigration “we empathize with their situation”. For this reason, she states that “each permanent residency announcement is made as a team, as we are part of their [clients’] immigration journey from the beginning until their RD – Resident Day. It is as a team that we remain strong so each client can trust the process and feel safe with our work”.  

Although the number of Portuguese immigrating to Canada has slowly dwindled, those who choose this country as their permanent residence are now able to employ different options to achieve their dreams. Marlene Freitas and Equality Immigration Services Inc. are an excellent example of caring and dedicated professionals who always prioritize their clients’ interest and well-being. This is great news for anyone seeking to pursue the Canadian Dream. Per their motto, Equality Immigration believe that equal opportunity starts here.

The history of the Portuguese in Canada is full of examples of resilience and courage, traits that have allowed us to evolve as a community and to effect substantial change. While the exaggerated number of deportations in 2006 left an indelible mark on many Portuguese families, it also provided our community with another opportunity to influence immigration policies and, thus, simplify the process for future newcomers.

If you require the services of Equality Immigration Services Inc.,
please call 647-250-4005
email info@equalityimmigration.ca,
or visit
www.equalityimmigrationservices.com