Author Archives: Pierre St-Jacques

High-risk detainees in Immigration Holding Centres

Following CBSA’s decision to start holding high-risk detainees in Immigration Holding Centres (IHCs) effective August 1, 2023, the question has come up whether dealing with high-risk detainees would now be included as a ‘danger’ in the normal condition of employment of our members (please see the following document for more information on danger as a normal condition of employment as per the Canada Labour Code).

The short answer is that it depends on the circumstances of an interaction with a high-risk detainee. In some cases, CBSA officers already perform duties where interacting with high-risk detainees can be considered to fall within the normal condition of employment, such as the removal of high-risk detainees by Inland Enforcement Officers and the intake process at IHCs. Risks associated with these duties have been properly mitigated through job hazard analysis, training, policies, and personal protection equipment.

Significant changes

The two significant changes we see that would not fall under the normal condition of employment at this time are as follows:
1) Detention of high-risk individuals in IHCs, and
2) Significant increase in ground transportation of high-risk detainees

Detentions in IHCs

CBSA is currently coordinating with Correctional Service Canada to develop training on how to deal with the detention of high-risk individuals. As this is a significant shift in policy, and no hazard analysis has been done, this does not constitute a normal condition of employment. Currently, officers have no training on how to deal with high-risk detainees while they are in detention. Until a hazard analysis has been completed, procedures have been developed, members trained, and PPE issued, the detention of high-risk individuals will continue to fall outside of the definition of normal conditions of employment.

This means CBSA cannot force officers to deal with situations they have not been trained for, or situations where no risk assessment has been performed. If this happens, members can avail themselves of all the protections of the Canada Labour Code Part II, including work refusals.

Increase in ground transportation

The second item is the possible increase in ground transportation. Previously, high-risk detainees were transported from local police stations to the provincial remand centres, by provincial law enforcement representatives trained on how to deal with detainees in a long-distance ground transportation setting, in vehicles equipped for such transports.

With provinces no longer housing immigration detainees, CBSA may now be required to transport individuals for extended periods of time. While our Inland Enforcement Officers are trained for transport duties, the primary focus of the current training is on air travel and not ground transportation. The change in transportation duties may require a change in hazard analysis along with PPE and vehicles. As above, if members have not received either the tools or training required for this type of transport, they can avail themselves of all the protections of the Canada Labour Code Part II, including work refusals.

Should members have questions or concerns, please contact your Branch President.

This article is based on a memorandum sent by Acting National President Rick Savage to the National Board of Directors on August 1, 2023.

Questions about work refusals? Check out the following guide.

Emancipation Day: The Transatlantic Slave Trade in Canada, to the Black Class Action

Although no slave ship docked on Canadian shores, the transatlantic slave trade and other forms of enslavement existed in Canada for more than 200 years. Today, we reflect on the devastating history of slavery and the legacy of racism that Black, Caribbean, and people of African descent and Indigenous people, particularly women, continue to experience today.

Canada’s legacy with the Transatlantic Slave Trade

Thanks to the Halifax Regional Women’s Committee, PSAC adopted resolution GEN-041, calling for the union to investigate how Canada’s longstanding history of slavery, racism, and sexism has particularly affected Black women in the federal public service.

The result of this call to action is our report now published online: “The impact of slavery and racism upon women of African descent in the Atlantic who work in the federal public service, and the role of unions in this struggle.”

Inequality that we see today is directly tied to a history that included the Transatlantic Slave Trade, and also established racial inequality in the first place. One remedy to counter the effects of deeply rooted racism, sexism and discrimination is the call for reparations.

Reparations is linked to a key idea behind grievance resolutions: to be made whole. Following harm, a griever should be compensated to a level that brings them back to a position they were in, had the injury not taken place. This is what we are fighting for.

Read our report

The impact of slavery today

Canada’s history of slavery and anti-Black racism has permeated our institutions, helped to shape racist systems and policies, and has negatively impacted Black workers even now. PSAC members are fighting to address systemic racism and discrimination in the federal public service – a lasting legacy of slavery – through the Black Class Action (BCA) lawsuit led by twelve public service workers, including PSAC members Nicholas Marcus Thompson, Jennifer Phillips, Wagna Celidon, Michelle Herbert, and Shalane Rooney.

PSAC is a strong supporter of the BCA and join their demand to the government to stop dismissing the lawsuit. We will share updates as the lawsuit progresses.

Stay informed

We invite you to take time to read our report, reflect how the impact of slavery persists today and continue to support Black, Caribbean and leaders of African descent fight for anti-racism action in every workplace across this country.
Visit the PSAC Anti-Racism Action Plan for more information on how we are building an anti-racist union.
Keep your contact information up to date to receive the latest news including our anti-racism work.

This article was first posted on the PSAC website.

FB bargaining: Attend a membership meeting across the country

Members of the FB bargaining team are visiting worksites and holding membership meetings across the country.

This is your opportunity to meet the bargaining team, hear a bargaining update, and get materials so you can show your support during this round of bargaining.

Dates, times and locations are available on the PSAC website. This will be updated as more information becomes available.

Celebrating August 6

The second anniversary of our historic mobilization on August 6, 2021, is fast approaching. This momentous day for our union is a time for celebration and solidarity, and presents all CIU members with the opportunity to reflect on our joint achievements and victories. As bargaining and the fight for a fair contract ramps up for the FB group in the wake of the recent Treasury Board strike, it is also the occasion to come together and consider how to best build on the foundations we’ve laid.

To mark the day, your Branch may be planning activities (on or around August 6), so make sure to check with your Branch President for more details.

August 6 commemorative t-shirts

This year, we’re also making it easier for CIU members to show the employer they remember August 6 and are ready to fight for their rights when the time comes. T-shirts with a special commemorative message are currently being distributed to CIU Branches across the country, and will be available (while quantities last) as a gift to any member who wish to display their pride in this important victory. Talk to your Branch President for more information.

Cabinet shuffle: An opportunity to improve public services and public service jobs

PSAC National President, Chris Aylward, congratulates the new members of the federal cabinet on their appointments earlier this week.

“Today I extend an invitation to all ministers, whether in a new role, new to cabinet or returning, to work with us to build and protect the public services in this country,” said Aylward. “Public sector workers are your employees. They are proud to be the members of your team who deliver public services to Canada and therefore bring the changes you make, forward possible.”

Over the coming weeks, PSAC will reach out to new ministers to establish a positive and productive working relationship going forward.

“I will be reaching out to ministers, beginning with the new President of the Treasury Board, Anita Anand,” said Aylward. “Several PSAC federal government bargaining units, including FBs who work for Canada Border Services Agency, Canadian Food Inspection Agency workers and other federal government employees, are still at the table or will begin negotiations in the near future. We are hopeful that we can establish open communication and clear constructive dialogue going forward.”

PSAC will also be bringing the ongoing matters of the Black and Indigenous Class Action lawsuits and stalled pension entitlement changes for firefighters and border officers to President Anand.

We’ll be looking to incoming PSPC Minister, Jean-Yves Duclos, to work with us to finally end the Phoenix pay system debacle, to returning Labour Minister, Seamus O’Regan, to bring in the long-awaited anti-scab legislation and to incoming Minister of Crown-Indigenous Affairs, Gary Anandasangaree, to implement all recommendations of the Truth and Reconciliation Commission.

“We see this cabinet shuffle as an opportunity for the government and the union to improve working conditions and social justice for all in Canada,” concluded Aylward.

This article was first posted on the PSAC website.