Open Letter to Toronto Police Chief Bill Blair: Community advocates and police should work together to protect caregivers

Open Letter to Toronto Police Chief Bill Blair: Community advocates and police should work together to protect caregivers

Dear Police Chief Bill Blair:

As a community worker I have been asked several times to respond to concerns of caregivers and police matters.

My purpose in presenting this narrative is to demonstrate the need for clear policies, guidelines or protocols that are needed so that we can work together to assist temporary workers like caregivers.
In 2004, members of the Filipino Workers Support Committee responded to a request for assistance of a caregiver who was not allowed to leave the house of her employer even on her day off. Her employer warned her that she if complains, he will call the police and have her deported. Arlene, the caregiver from Hongkong (HK) ran away from her employer in Keswick. Her friend from HK called us for support, saying that she wants to leave the employer. We came and picked up Arlene at a location she described where she was waiting for us. She did not take along her personal belongings.

As soon as she reached Toronto we brought her to the Parkdale Legal Clinic where her case was documented and a claim was filed to the Ministry of Labour. Also after a few weeks, the legal counsel requested the assistance of the Keswick Police so that Arlene could get back her belongings and her immigration documents from her employer. The employer resisted but with the help of the police she was able to get back her possessions and, also after a year, won a favorable judgment on her claim with MOL.

Oftentimes we are told by our consular officials that we can seek police assistance in helping caregivers whose documents are being withheld by employment agencies and employers.

In 2008 Jennifer, a caregiver who worked in the Richmond Hill area decided to leave her employer realizing that the arrangement for her is not in accordance with LCP guidelines.

She was told that she will have to work for 2 families instead of one but that she will be paid below minimum wage. When she voiced out her disagreement with this and told her employer she would right away leave, the employer, together with the agency personnel who recruited her, barged into her room and inspected her belongings. Afraid and not knowing what to do she ran out of the house.

After a few days she received a call from the police and was told that her employer accused her of taking a piece of jewelry. She is to report to the police to answer the allegations and to return whatever she took. She said her English was limited and she needed translator. That is when she was referred to call our centre.

Not comfortable with just translating, and believing that when questioned she would need legal counsel, I referred the matter to the Independent Workers’ Association. She was provided counsel who contacted the police. After a few days, she received a call from the police informing her that the complaint originally filed by her employer had been dropped because the employer “found” the missing piece of jewelry.

These situations only show how we in the community respond to assist our compatriots. However, we also need to know what we should do, what the police and advocates can do to ensure that the rights of individuals are protected and due justice is rendered.

It would only be fitting then to sit together with the Toronto Police Services to work out and ensure ways by which we can cooperate in this regard. The federal and provincial government have already started making recommendations and policies to protect migrant workers. I hope that through your leadership this can also be achieved with the police services.

Perry Sorio
On the occasion of the Community Consultation with Police Chief Bill Blair

(Perry is a community worker for the DAMAYAN-SEAS Centre)

(Editor’s note: This text was prepared to be delivered during the town hall meeting with Chief Blair on Nov. 3, 2009 at Police Headquarters on 40 college St., Toronto. Sorio was not given a chance to speak due to time limitations. The same submission will be sent to Blair through Police Supt. Jane Wilcox.)