Men's employers have different take on facts
As Renaldo Verdeflor and Francis Dura face deportation to the Philippines, the story of how RCMP and a Canadian Border Services agent nabbed the pair earlier this month for working illegally in the Yukon points to glaring holes in programs for recruiting and placing foreign workers.
By Jason Unrau on June 29, 2010
As Renaldo Verdeflor and Francis Dura face deportation to the Philippines, the story of how RCMP and a Canadian Border Services agent nabbed the pair earlier this month for working illegally in the Yukon points to glaring holes in programs for recruiting and placing foreign workers.
At a Yukon Federation of Labour press conference Monday, Verdeflor, 45, and Dura, 28, spoke of unpaid wages, unfulfilled job promises and humiliating treatment by border services agents. Federation president Alex Furlong called for leniency at each of the pair's admissibility hearings, where both are likely to be sent packing.
"All Francis or Renaldo want is to come to the Yukon to have a better life,” Furlong told media assembled at the union hall on Second Avenue.
Flanked by Verdeflor, Dura, Yvonne Clarke, president of the Canadian Filipino Association of the Yukon, and Ailene Gayangos, association vice-president, Furlong told a meandering tale of how the two men ended up in the Yukon.
According to Furlong, Verdeflor was in the country on a temporary foreign workers visa sponsored by Alberta Oats Milling Ltd., but when work ran out at the rural mill, he passed on plane fare home (part of the deal and offered to Verdeflor by Alberta Oats Milling). Instead, Verdeflor opted to try his luck in Whitehorse.
And before his arrest earlier this month, Verdeflor said he worked part-time hours over a period of several weeks for a local business without pay.
Whenever Verdeflor asked about his money, or his application with the Yukon Nominee Program (a territorial government initiative that allows local businesses to sponsor and employ foreign workers), the employer threatened to report him to immigration. Neither Furlong nor Verdeflor would release the name of the business or its owner for fear of being sued.
This morning, the Star heard a very different version of the story from Glenys Baltimore, owner of the Chocolate Claim, where Verdeflor worked.
"The truth of the matter is he didn't have a valid work permit, but told me he did,” Baltimore explained. "When I finally asked him to see it and saw he was not honest with me, I told him I could not continue to employ him.”
When Baltimore offered to get him a work permit, Verdeflor never came back.
She then called Canadian Border Services Agency to ask how she could pay him. Despite his lack of the necessary documents to work in the territory, the agency thanked Baltimore for the tip and said she could issue a cheque, which was delivered when a border services agent apprehended Verdeflor.
The man had a valid social insurance number, said Baltimore, so she assumed his work visa was legitimate.
"It's my own naiveté that I hired him ... a valid social insurance number is not enough,” Baltimore said.
"Had he been upfront with me in the first place, we could've tried to put him in the program here... but once he was working illegally, I had no other choice but to report him.”
With Verdeflor in custody, a search for his documents led the RCMP and one border services agent to a residence where Dura lived. Officers discovered him hiding in a closet, and when Dura's documents were checked, he too was without valid work visa.
For Dura, his Canadian story begins on Jan. 16, 2010, when he arrived in Alberta from Dubai where the 28-year-old had been working in the petroleum industry.
According to Dura, he paid $3,500 to an agency that arranged his entry into Canada and $650 for a plane ticket to Calgary, where he was set up to work at the Canadian Tire store on Sarcee Boulevard under the federal government's temporary foreign workers program.
At Monday's press conference, Furlong said the store failed to honour its end of the bargain and left Dura unemployed, broke and desperate.
Dura said he called his aunt, Gayangos, and she arranged transportation and living accommodations in Whitehorse.
Dura told reporters he hid in the closet because he was afraid when police arrived at his residence. Living in Dubai under strict working conditions and Islamic law, said Dura, had made him jumpy and fearful of authorities.
While neither Furlong nor Dura would reveal the Whitehorse business where Dura was employed before his arrest, the labour federation boss said paperwork for Dura's sponsorship under the Yukon Nominee Program was working its way through the system.
This morning, Brent Slobodin, assistant deputy minister of Education, the department under which the program is administered, confirmed that Dura's application was filed.
"Basically, (Dura) had shown up at Tim Hortons, was hired, the manager phoned our staff person and the manager was informed to have him stop work immediately,” Slobodin told the Star. "Things were inadvertently done by the manager ... it's really up to the immigrant to indicate he didn't have (the appropriate) work permit.”
If only Dura had shown up at the Canadian Tire in Calgary, where he was approved for employment under the terms of his temporary foreign workers visa. When the Star contacted the Sarcee Canadian Tire in Calgary, owner Chris Pustowka said he sponsored Dura, arranged an interview, but Dura never appeared.
"He was supposed to come to work for us, we had him listed as we'd like him to come ... but the information we got is he went to visit some family up in Whitehorse,” he told the Star.
To hire foreign workers, Pustowka said he must get what's called a labour market opinion (LMO) indicating the business has exhausted other options for finding local workers.
"And each LMO has a limited time period and Dura's gone off to the Yukon and he never reported to work or never showed back up,” said Pustowka, who went ahead and hired somebody else.
Tomorrow, Dura faces an admissibility hearing in Whitehorse with the Canadian Border Services Agency and on July 20, Verdeflor must appear before a similar hearing to answer for similar charges of violating the Immigration Act.
The two men said they would like to remain in the Yukon, however, Furlong believes both will be deported.
Comments (12)
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Tom Taylor on Jun 30, 2010 at 11:18 am
I can put down about 5 pounds of beef in one sitting. And thats about all I'm gonna say about that!
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JC on Jun 30, 2010 at 10:01 am
Anyway, these people committed a criminal act - that makes them criminals. Now, Alex Furlong is representing them through a tax paid organization. Does that not make him a willing accessory to the crime? Stay out of the way Alex and let Justice run its course. As I said in my earlier comment, they can go through a 25 year process where they will surely be exonerated eventually anyway, and receive Canadian citizenship on a future Canada day celebration.
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wayupnorth on Jun 30, 2010 at 8:06 am
I find it particularly reprehensible that Furlong is using this issue to feather his own nest with a call for a foreign worker advocate.
In particular when he complains about workplace safety training ,he conveniently neglects to mention that the YFL has the contract to deliver this service for the government!
There is currently a massive backlog of 500,000 people waiting to enter Canada under regular immigration streams.The average waiting time is 4 years or greater.
The provincial nominee programs however offer a much faster way for immigrants to obtain permanent residence.These programs also provide guaranteed jobs.Many of the nominees are individuals who would otherwise not qualify for entry into Canada due to language abilities,education etc.
Frankly Mr.Furlong is totally deviod of understanding the role of immigration to Canada's growth.
It is not rocket science.We have an increasingly aging population,a birth rate that does not meet Canada's needs for growth and an increasing skills shortage.
This country was built on immigration.Nativists like Mr.Furlong are a step backwards.
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Max on Jun 30, 2010 at 7:13 am
There is no doubt that the rights and privileges of some workers hired under the temporary worker program are being abused. This is inevitable given the amount of power that the employers hold in these arrangements. Bad employers should be identified, penalized and publicly shamed.
Conversely, foreign workers who fail to hold up their end of the bargain should be shipped home.
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Yukon Girl on Jun 30, 2010 at 6:35 am
I for one have worked at the Chocolate Claim many many years ago. So I do believe on some level that the man is telling the truth; however, that still doesn't mean I support illegal immigration. They should have contacted the government immediatly to pursue other options for legal residence in our country or they should have stayed in Alberta where they actually had a job lined up.
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June Jackson on Jun 30, 2010 at 2:28 am
There are thousands of people waiting and doing it right. I have no use for those who sneak around and try to jump to the head of the line. If you are allowed to stay, whose place will you be taking?
Plus, they aren't backing up their stories, i.e. didn't get paid, afraid of authorities etc. with any facts. Personally..my opinion only, I don't believe them.
Go home boys and get in line.
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Anonymous on Jun 29, 2010 at 10:34 pm
I would feel sorry for these fellows other than the fact that they had the opportunity to work legally in our country and didn't accept the help that was offered in the first place. As we are a country founded on immigration I support the foreign worker's program; however, many immigrants today don't uphold the conditions of their employment in this country.
Many of them refuse to learn one of our languages and rather than seek help to understand how to work legally in our country they hide. I understand they may or may not have had a hard time in their country but they need to establish a trust with our country that they will abide by our laws and time and time again we see that trust abused.
Plus given the unemployment rate in our country I believe that many employers skim past our own residents for positions as they can pay less for foreign workers. Or perhaps because they want to help them, but the truth is there are many residents in our own country without work.
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Don McKenzie on Jun 29, 2010 at 6:06 pm
If these people were working in Canada illegally, then I think the Yukon Federation of Labour (YFL) should have egg on it's face, for attempting to back criminals. If it is true about illegal use of a S.I.N., someone should serve jail time, before being deported. If someone had a plane ticket home, they should have gone, instead of trying to illegally stay and work in this country. The other one, if he failed to show up in Calgary, should apply again, from his home country, if he wants a job at Timmy's. We have how many 10's of thousands illegals in this country already, and the YFL wants to encourage more? Maybe Alex Furlong should go to the Philippines without any work papers, and try to find a job there. I wonder if any Philippino labour organisations would fight to keep him there?
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JC on Jun 29, 2010 at 12:23 pm
Don't worry folks, in Canada it takes 25 years for deportation. In the meantime, enjoy all the free benefits. Just think of it as a long cheap vacation.
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bobby bitman on Jun 29, 2010 at 11:12 am
At least they really were trying to work. In both cases, they got themselves jobs before being discovered as not being entirely legal to work in those jobs. Why in the world they did not simply follow the steps is beyond me. That loses, me but only somewhat. Accusing Glenys however, of ripping him off is really rich indeed. All I know of her is that she is a softy. That shows bad character. To accuse a business owner of 'refusing to pay him' is a heck of a turn-off. Did he really believe that though? It is possible. And dumping your employer in Calgary after he had done a bunch of paper work to hire you, without even so much as a phone call, was pretty uncool as well. You used that man, got your Nominee thing in place, and split, probably thinking you were now 'legal to work in Canada'.
Anyhow, I feel bad about this story all round. These guys are interested in working, they got in by a fairly complicated system and it sounds like they screwed it up after starting out okay. They treated a couple of business owners pretty bad though... hmmm.
Well, considering this country Canada is a world of second chances, I'd give them another chance. It's not like they were engaged in crime or applying for a welfare cheque...
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anonymous on Jun 29, 2010 at 9:52 am
I believe Verdeflor when he says that he was told he would be reported to immigration because if he was lying he would have no problem giving the name of the business that had done this to him. Instead he was afraid that he would be sued so I believe that it did happen. It does not take several weeks to find out that you can't pay someone.
I also do not like Yukon businesses so maybe I am biased. I think a lot of these people that come to Canada are promised a lot of things but the reality of the situation is terrible. Low wages, long hours, no breaks, etc all so they can stay here. What it must be like where they come from to travel all the way here to put up with that garbage.
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francias pillman on Jun 29, 2010 at 9:50 am
Gee is this problem going to turn into what the USA has with Mexicans? Same sob story of looking for a better life. You broke the LAW, you are CRIMINALS. Glad to see the RCMP enforcing our laws.