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Allan Johnston
Mar 14, 2002, 08:10 AM
I got this from Music Industry News Network. It was written by Wayne Morris, from the local AFM. Scary shit... Bravo, Wayne.

: http://www.mi2n.com/press.php3?press_nb=33952


Canadian Immigration Screwing Canadian Musicians
[03-11-2002] Music Industry News Network


www.mi2n.com (http://www.mi2n.com)

The AFM Canada learned recently that the Canadian Immigration office is proposing to open the border to all musicians provided they do not work in Canada for an "extended" period of time. Just what an extended period of time is defined as has not been specified! It would appear that if a band from the United States wanted to come and do a weekend gig in Canada, under this new proposal, there would be no need for the band to secure a validation from the HRDC offices. The borders would be completely open to them. The AFM would not be adverse to this proposition if we had a reciprocal arrangement with the US. That however, is not the case. The US is making it increasingly more and more difficult for Canadians to enter their country.

Not so long ago, it only took the Federation as little as 24 hours to secure a US work permit to provide access to our Canadian bands. Then the law changed and it then took 30 days to secure the same work permit. It now takes 90 days and $130.00 US to secure the work permit. Of course, if you care to add an extra $1,000.00 US, the INS will process our application within 15 days upon receipt of our application. (Money talks)

The Canadian branch of the AFM has embarked on a letter writing campaign to all MP's. We need your help. A copy of my letter to the Director of Economic Policy and Programs, Selection Branch, is printed here for your perusal. It would be appreciated if you would also write to him and ensure that a copy is forwarded to the Honourable, Denis Coderre, Minister of Citizenship and Immigration. Mr. Coderre's email address: Coderre.D@parl.gc.ca For the email addresses of the various members of parliament, you can go to www.parl.gc.ca (http://www.parl.gc.ca) to locate your representative.

My letter follows:

January 18, 2002

Mr. Mark Davidson, Director, Economic Policy and Programs,
Selection Branch, Citizenship and Immigration Canada
300 Slater Street, 7th Floor,
Ottawa, ON
K1A OC8

Dear Mr. Davidson,

I have just become aware of the information contained in the December 15th, 2001 edition of the Canada Gazette, wherein it is stated that the Department of Citizenship and Immigration is contemplating changing its procedures, rules and regulations regarding the validation process used to admit foreign entertainers (musicians) into Canada. On behalf of the 1700 professional musicians that I represent in Vancouver, BC, I wish to go on record as being adamantly opposed to this new position.

The Gazette article states that there have been extensive consultations with stakeholders. Question: Did your officials speak with any officers of the musician's associations across Canada? Our parent organization, The American Federation of Musicians of the United States and Canada, represents some 17,000 professional Canadian musicians across this country. Did any of your people consult with the AF of M?

If the Canadian government endorses a policy of permitting bands and entertainers of all genres unencumbered access to our night clubs, dance halls, neighbourhood pubs and the like, it will annihilate the music industry as we currently know it in Canada. Canadian jobs will be lost en-masse. American bands will flood into our cities and work for free just to gain exposure to our Canadian markets. In the meantime, the United States Immigration and Naturalization Service continues to increase its protectionist ways by demanding that our Canadian musicians apply for P-2 work permits a minimum of 90 days in advance of any engagement they might have secured. In addition, Canadian musicians must pay $130.00 US per application to work in the US without any guarantee that their application will be approved. Further, if an additional $1,000.00 US is paid to the US Immigration, they will give an application a priority review within 15 days of the application being received. Even with the additional $1000.00 US being paid there is no guarantee that the application will be approved.

I mention all of the above in an attempt to illustrate to you how unfair the system is to Canadians. Foreign bands coming across the borders looking for greener pastures will, I guarantee you, displace our indigenous musicians. Without the current requirement that foreign club bands be paid the minimum current industry standard rates for the same services the local Canadian musician must charge, the various entertainment buyers will have thousands of bands knocking on their doors wanting to work for the exposure. At the present time, if a buyer wants an American band, he has to pay for it at the minimum local professionally established rates. If an open door policy were permitted, what employer in his right mind would not be happy with securing free, professional entertainment from the US or any other country for that matter?

In Vancouver, we have been working closely with the local HRDC officers for the past three years. In accordance with an agreement we signed with our local HRDC office, (copy enclosed) they have been forwarding all applications to our office to ensure that proper fees are being paid to the foreign musicians. Some interesting numbers have been generated to show how our involvement has curtailed the influx of foreign musicians. In the two-year period from January 1995 to January 1, 1997 there were 1370 validations approved by the local offices of the HRDC. That was before the Vancouver Musicians' Association became involved with the HRDC. In the two-year period commencing January 1, 2000 and ending January 1, 2002 the number of validations declined to 704. All things being equal, our office was partially responsible for securing an additional 666 jobs for our Canadian musicians.

Mr. Davidson, I urge the government to reconsider walking down this ‘open door' policy. If this policy comes to fruition, the Canadian government will be displacing the work places of thousands of Canadian professional musicians. I don't think that is what the Canadian government was elected to do.

I look forward to receiving a response to this letter.

Sincerely,

Wayne Morris
Secretary

cc Honourable, Denis Coderre, Minister for Canadian Immigration
Honourable Tom Banks, Senator
Mr. Bruno Jean
Mr. David Jandrisch, Vice President from Canada, AFM
Mr. Eddy Bayens, President, Canadian Conference of Musicians

aadip
Mar 20, 2002, 12:07 PM
I am an American jazz musician out of the Seattle area, and I am in full agreement with your grievances. I have toured Canada, and although I had to pay large fees to enter and work, I think it is only fair. I love the wealth of local artists and would hate to see their livelihood diminished.

It saddens me that the US is not reciprocating by opening the border up to Canadian artists. I believe in an open border going in both directions.

Although it is difficult to make a living as a musician anywhere in the world, I prefer we preserve the camaraderie amongst North American artists.

Allan Johnston
Mar 20, 2002, 03:11 PM
aadip wrote:
<<It saddens me that the US is not reciprocating by opening the border up to Canadian artists. I believe in an open border going in both directions.
Although it is difficult to make a living as a musician anywhere in the world, I prefer we preserve the camaraderie amongst North American artists.>>

You got that right, Bro. Can you imagine - an open border, with freedom of artistic movement and collaboration?! Even if it was only for limited engagements, it would be amazing...

Allan www.jazztumbao.com (http://www.jazztumbao.com)

Miriam
Mar 28, 2002, 01:16 PM
First of all, thank you Allan and Wayne.

I wrote to the MP for my riding, Libby Davies regarding this issue. She replied and forwarded my e-mail to Wendy Lill. For what it's worth, here is her Ms. Lill's Assistant's reply plus an e-mail from Alexa McDonough.

Miriam Davidson


Dear Ms Davidson.

I received your message from Libby Davies concerning the proposed changes to
temporary work permit fees which may have a disastrous impact on Canadian
musicians.

I an attaching below the letter sent to the bureaucrat in charge of the
consultation for that regulation from NDP Leader, Alexa McDonough, NDP
Culture Critic Wendy Lill, and NDP Immigration Critic Judy Wasylyca-Leis and
Dick Proctor M.P. concerning this matter. To date, no reply has been
received form the government.

I hope this answers your questions, and thank you for taking the time to
write,

Sincerely,

Rob Sutherland, Legislative Assistant to
Wendy Lill, M.P. (Dartmouth)

------------------------------

Mark Davidson, Director,
Economic Policy and Programs, Selections Branch,
Citizenship and Immigration Canada,
300 Slater Street, 7th Floor,
Ottawa, Ontario,
February 13th, 2002
Sent by Facsimile (613) 957-5946

Regarding: Objections to Proposed Regulations under the Immigration and
Refugee Protection Act concerning temporary foreign workers - Part 3,
Division 4, Part 8, Division 2; and Part 10 Divisions 1 to 4 as Published in
the Canada Gazette Part 1 (pp. 4484-4490) December 15th, 2001.

We, the undersigned Members of Parliament wish to bring the following
objections to the attention of your Ministry, and the Cabinet, when
considering the reductions of temporary work permit fees for musicians.

The Ministry of Canadian Heritage has spent decades, and hundreds of
millions of tax dollars, to create and support a vibrant and diverse
Canadian musical community. Canadian content requirements for
broadcasters, subsidies for the sound recording industry, direct artist
support for musicians and composers through the Canada Council for the Arts
and recent announcements by the Minister of Canadian Heritage represent
significant public policy efforts from our government to create and promote
a strong world-class musical community. Somehow, the impact of the proposed
regulations on our musicians may be at odds with these traditional and noble
policies.

To ensure the regulations relating to foreign musicians working in Canada do
not hurt our local industry, we ask that the current fee structure for
musicians remain unchanged until the impact of the following is fully
studied and understood:

....2
1) How important a factor is the temporary work permit fee in the
ability of Canadian musicians to work in the United States as opposed to
American musicians to work in Canada?

2) How will the proposed reductions in our permit fees affect the
number of American musicians crossing the border to work in Canada, as
opposed to how the much higher American fee structure sharply reduces the
availability of work for Canadians musicians in the US?

3) Will the implementation of this proposed regulation result in a
reduction in the amount of work available for Canadian musicians in Canada?

We make these objections simply out of the concern that in the rush to make
large scale changes to our immigration system in the current political
climate, the impact on a fragile but important sector like our musicians
will be forgotten or ignored.

Sincerely,

Alexa McDonough, MP (Halifax)
Leader, New Democratic Party of Canada

Judy Wasylycia-Leis, MP (Winnipeg North Centre)


Wendy Lill MP (Dartmouth)

....3

Dick Proctor MP (Palliser)

CC: David Janderish
John Alphonse
Sheila Copps

Mel
Mar 30, 2002, 02:14 PM
Here's an easy way to find your Member of Parliament and his/her e-mail address: Go to http://www.parl.gc.ca/information/about/people/house/PostalCode.asp?Source=SM and type in your postal code.

LAZZ
Apr 1, 2002, 04:20 PM
Personally and professionally, I consider any proposals to make any borders more open to anyone is a positive step that should be applauded.
Rather than be "adamantly opposed" to such a sensible and long-overdue move, I suggest that members' interests would be better served if the Musicians' Association worked towards reciprocity.

LAZZ
Apr 2, 2002, 04:42 PM
See?

One misguided little peep from me and they back right off

Grrrr!!
That'll larn ya.

pwmorris
Apr 4, 2002, 06:26 AM
I am pleased to provide you with a copy of the release issued by Vice President from Canada of the AFM, Davie Jandrisch. This communication was sent to all locals of the AFM in Canada.

We wish to thank all of the participants of this forum who sent a note/letter to their MP regarding this important issue.


Last week I received a telephone call from Alison Harvey, who is with Canadian Immigration and citizenship (CIC), who advised me that the proposal to remove the employment validation for groups from 3 - 14 performers (foreign workers) into Canada has been rescinded from the new regulation which will become effective on June 28, 2002. This means that HRDC will continue to contact Locals with regard to employment validation for foreign groups (including Americans) who want to work in bars, nightclubs and similar venues in Canada. There is no doubt that this change of heart was due to the serious letter writing campaign which I requested from each of you on January 31, 2002. Your efforts brought about a great number of letters from M.P.'s addressed to the new Minister of Immigration, Denis Coderre, which supported our position that a removal of the employment validation requirement would have a disastrous effect on Canadian musicians. You should also be aware that Senator Tommy Banks played a big role in this issue. He had asked for and received copies of all correspondence (from Locals, M.P.'s, individuals and organizations) in support of our cause which he made sure was brought to the attention of the appropriate people in government circles. In a conversation with him this morning, he informed me that he will continue to make sure that the stated reversion to the status quo before the proposed regulation changes will indeed be adhered to. Tommy also advised me that he would be raising in caucus the topic of the $1,000 US "expedite" fees for P-2 Visas. I informed him that President Tom Lee finally received a response to his request to meet with the Director of the INS Service Center in Vermont. That will take place in the very near future. Tommy and I agreed that we would "keep in touch" regarding both of these issues. However, you can be assured that the Canadian "purchasers" who wanted to remove both the validation and fee requirement will continue to try and fight the change. I have already been informed of that by one such individual. In the meantime, thanks again for your help.