Author Archives: Pierre St-Jacques

COVID-19: The employer must reconsider its position on close contact training

Image of border crossing with the words "COVID-19"

The following message was sent to the employer on June 2nd by Mark Weber, CIU’s 1st National Vice-President, and Co-Chair of the Policy Health and Safety Committee.

The COVID-19 pandemic has seen our Policy Health and Safety Committee commit a great deal of time and effort to ensuring that all CBSA employees are kept as safe as possible. We’ve accomplished much that’s positive, in circumstances where the planning and implementation of every preventative measure was an urgent matter. Most Departments within the CBSA have participated proactively in this work with us, making all we’ve had to address run much more smoothly.

Our experience working with Training and Development has been uniquely negative. We’ve repeatedly learned of scheduled training from our members, without it having first been brought to our Committee as mandated by the Canada Labour Code (CLC) and Canada Occupational Health and Safety Regulations (COHSR). We’ve been given documents to assess on the eve of training, only after insisting that they be provided. We’ve seen all they’ve developed ‘assessed’ at meetings of a health and safety ‘working group’, who we’ve learned keep no minutes, and whose composition we are entirely unaware of. We’ve been told repeatedly that everything in place was approved by a qualified person, only to learn that this is not the case. Procedures that include a 14 day quarantine period continue to be used to declare safe close contact training for employees who are not quarantining.

We recently asked to participate in a meeting with Health Canada, only to learn that the employer had the meeting without us. We were told that Health Canada will “never state that training is safe or unsafe”. Health Canada was only asked about the preventative measures in place, not the training itself. The truth is that no qualified person will say that it is now safe to ignore physical distancing, because it is not. Health Canada’s recommendation that training be reevaluated based on local pandemic conditions was ignored and again, the documents provided to Health Canada had the trainees quarantining, which is not what is happening for anyone other that our OITPs.

The odd justifications the employer side of our Committee continues to espouse for Training and Development are inexplicable given the business like, efficient manner in which all else connected to COVID has been dealt with. The culmination of this behaviour is the recent conclusion that it is not the role of the Policy Health and Safety Committee to determine when training is safe to resume, “it is ultimately management that determines the safety of training”.

The employee members of the Policy Health and Safety Committee do not believe that it is safe to resume close contact training, and we urge the employer members of our Committee to revisit their decision to recommend it. Should the decision be to forge ahead with close contact training, we ask that daily COVID testing be arranged for trainees and trainers.

No proper risk assessment has been conducted, no qualified person has assessed any of the risks associated with this training, and the first step of Part 122.2 of the CLC has been wrongly passed over. We remind the employer of their obligations under the CLC and COHSR, including Part 148 of the CLC.

FB bargaining: Team wraps up case at Public Interest Commission

Photo of BSO with the words "Bargaining: FB Group"

The FB bargaining team presented PSAC’s arguments for compensation parity with other law enforcement agencies across Canada at Public Interest Commission hearings May 10, 18, and 20. The team also made the case – repeatedly – that there are serious problems with harassment and abuse of authority at CBSA that need to be addressed.

As per the Federal Public Sector Labour Relations Act, the FB bargaining team filed for conciliation earlier this year when it became clear that the employer was not prepared to seriously address outstanding issues, including parity with other federal enforcement agencies.

The FB team also raised the need for new rights for employees, particularly as they pertain to discipline, hours of work and telework for non-uniform personnel. Our team was clear: CBSA management cannot be trusted, and FB members need better protections.

Download: PSAC’s PIC brief

Employer position

The employer responded to the team’s wage position by stating that it is inappropriate to compare members of the FB bargaining unit – including Inland Enforcement, Investigations, Intelligence and Border Services Officers – with other large law enforcement organizations such as municipal, provincial and federal police forces. The employer has indicated that there are no recruitment or retention issues at CBSA. The employer also asserted that FB-2s work as ‘trainees’, that management heavy-handedness is not a problem at CBSA and that telework protections for non-uniformed employees should not be included in the collective agreement.

FB members deserve parity

The FB team fiercely opposed all the employer’s claims. From skeleton staffing at ports of entry to officers being asked to handout recruitment flyers to the public at certain ports, clearly there are recruitment and retention problems at CBSA. As for comparator groups, our position is that a majority of PSAC/CIU members at CBSA are armed law enforcement personnel, and that compensation and other rights need to reflect this reality.

FB members have been on the front lines of the pandemic for more than 14 months. Our members have worked to keep Canada’s borders secure and Canadians safe, and deserve to be treated with respect by the employer.

Next steps

The PIC will now provide its recommendation based on the hearings.  Unlike arbitration, the recommendation is non-binding. While the legislation provides for the PIC to issue its recommendation within 30 days of the hearing, the chair may extend that timeline.

National town halls

As we prepare for the PIC recommendation, it’s important to get up to speed on the key issues at the table and learn more about the next steps in our mobilization efforts.

PSAC-CIU will be holding additional virtual town hall where you’ll hear from Customs and Immigration Union (CIU) National President Jean-Pierre Fortin and PSAC national negotiator Morgan Gay who will provide important information and insight into the bargaining process, the Public Interest Commission, and our key demands at the table. You’ll have an opportunity to ask questions or raise concerns at the end of the meeting.

French FB town hall  
May 26, 6 p.m. EST
Register now 

English FB town hall  
May 27, 6 p.m. EDT
Register now 

This article has also been posted on the PSAC website.

May 17 — International day against homophobia, transphobia, and biphobia

May 17 banner (Int. Day against homophobia, transphobia, biphobia)

Together: Resisting, Supporting, Healing

On May 17th and every day, we fight for justice as a global issue, resisting, supporting and healing together. Gains made in the fight for LGBTQ2+ rights over the past few decades are fragile, and the work towards an inclusive and equitable future continues.

Canada’s labour movement must be at the forefront of the fight to protect the rights of LGBTQ2+ communities. We cannot be strong as a labour movement unless we are strong in all our communities and in ourselves.

Globally, there is an increase in discrimination and violence towards LGTBQ2+ communities. From attempts to ban trans people from playing sports  and denying gender-affirming care  in the US, to the fight against police brutality and systemic discrimination in Nigeria, to anti-LGBTQ2+government measures in Poland, Hungary, Bulgaria and Romania . Just recently, Alireza Fazeli Monfared was brutally murdered in Iran over his sexuality.

COVID-19 continues to expose the many systemic inequities and barriers faced by marginalized populations. Many members of LGBTQ2+ communities are experiencing a reduction in access to healthcare services, increased stigma, discrimination, violence, abuse, isolation and increased unemployment during this crisis. Indigenous, Black, and racialized LGBTQ2+ people, and those with disabilities, have been disproportionately impacted by the pandemic.

Canadians are not immune to homophobia, transphobia and biphobia. Advocacy and education around the rights of trans people remains a contentious issue as trans people continue to face increasing levels of discrimination and violence. Legal battles for access to gender-affirming care for teens and children in Canada remains an issue. The blood donation ban unfairly targets men who have sex with men, gender non-conforming people and transgender people. And despite this, the recent federal budget contained no funding to address issues of inequality for LGBTQ2+ people in Canada.

PSAC continues to fight for LGBTQ2+ rights and we have won some notable victories in recent years. We continue to advocate for more inclusive workplaces by bringing issues affecting LGBTQ2+ workers to the bargaining table, fighting to include HIV prevention medication and gender-affirming health care into extended health plans, advocating for gender inclusive washrooms in workplaces, and more.

May is the first month of PSAC’s ongoing Pride celebrations. Join us in support of LGBTQ2+ justice.

Get involved:

This article has also been posted on the PSAC website.

FB group: Register now for national town hall meetings

Photo of BSO with the words "Bargaining: FB Group"

PSAC-CIU will be holding additional virtual town hall meetings to give FB members the latest updates and outline our next steps as we ramp up to mobilize for a fair contract.

In this town hall we will hear from Customs and Immigration Union (CIU) National President Jean-Pierre Fortin and PSAC negotiator Morgan Gay who will provide important information and insight into the bargaining process, the Public Interest Commission, and our key demands at the table. You’ll have an opportunity to ask questions or raise concerns at the end of the meeting.

You deserve a contract that recognizes your incredible dedication to Canadians and brings your salary and benefits fully in line with law enforcement agencies across Canada. This is your opportunity to learn how your bargaining team is fighting to make that happen.

French FB town hall 
May 26, 6 p.m. EST
Register now

English FB town hall 
May 27, 6 p.m. EDT
Register now

Regional town halls are also being organized and will take place after the national town halls. We’ll send out dates and details when they’re available.

This article has also been posted on the PSAC website.

Show your support on Bear Witness Day

Bear witness day banner

Bear Witness Day is a day both to show support for First Nations youth and to call on the federal government to address the longstanding discrimination faced by First Nations children.

While PSAC welcomes the commitments made in the 2021 budget, more federal funding is needed to close the socio-economic gap faced by Indigenous Peoples in Canada. First Nations children are frequently left waiting for services or worse yet, denied services that are available to other children. This includes adequate education, healthcare, childcare, recreation, culture and language services.

PSAC has been working to protect and defend the rights of all Indigenous Peoples in Canada for decades. They deserve full human rights, fundamental freedoms, and social infrastructure in their communities. The union represents many Indigenous members, including workers on First Nations reserves. At our last Triennial convention, delegates unanimously passed a resolution urging the union to support Bear Witness Day.

Bear Witness Day Background

On May 10, 2016, the Canadian Human Rights Tribunal directed the federal government to fully implement Jordan’s Principle, marking it as Bear Witness Day.

Jordan River Anderson was born in Norway House Cree Nation in Manitoba with complex medical needs. He was placed in hospital in Winnipeg where he needlessly spent years waiting for the federal and provincial governments to decide who would pay for his home care. He died in hospital when he was five years old, having never spent a day in his family’s home. Cindy Blackstock and the First Nations Child & Family Caring Society have worked tirelessly to ensure that this would never happen to another Indigenous child.

The pandemic has further exposed the many systemic inequalities experienced by First Nations people. The situation for First Nations children is now even more dire. In January 2021, data showed that the rate of reported cases of COVID-19 in First Nations living on reserve was 40 per cent higher than the rate in the general population. The virus has also worsened the mental health crisis among First Nations youth.

This year, it is even more important to support First Nations communities as many struggle to recover from the pandemic and continue to face inadequate levels of funding for social services.

Show your support for First Nations children on May 10th – Bear Witness Day:

  • Take part in the  online screening  of Spirit Bear and Children Make History.
  • Hang out with your bears or favorite stuffed animal at home. Ask loved ones in your home to participate too. You can let your neighbors know that you are participating in Bear Witness Day by placing your teddy bear or a drawing of a bear in your window.
  • Host an online  teddy bear tea party  or bear birthday party to honor Jordan River Anderson and to learn about  Jordan’s Principle .
  • Spread the word and post photos on social media using the hashtags #JordansPrinciple and #BearWitnessDay
  • Learn about the importance of Jordan’s Principle by reading  Spirit Bear’s Guide to the Truth and Reconciliation Commission Calls to Action .
  • Learn more about Spirit Bear and Jordan’s Principle by downloading and reading  Spirit Bear and Children Make History .
  • Watch the documentary Jordan River Anderson, The Messenger  to learn more about Jordan’s Principle. This documentary is available to watch for free through the National Film Board.

This article has also been posted on the PSAC website.