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Research Paper

Age Discrimination and the Employment Rights of Elderly Canadian Immigrants

RESEARCH STUDY FOR THE LAW COMMISSION OF CANADA

MANDATORY RETIREMENT AND THE IMMIGRANT EXPERIENCE

TOPIC GUIDE

1. INTRODUCTION: NATURE AND PURPOSE OF STUDY

1.1 Explain that we are independent researchers, engaged in a study for the Law Commission of Canada. We are examining the potential effects of Mandatory Retirement–or the right of employers to define a “normal age of retirement”–particularly upon immigrants to Canada.

1.2 Roles of those attending the interview

1.3 Confidentiality

1.4 Explain structure of interview: a) immigration decision; b) work experience in Ontario and/or other provinces; c) current income (employment, self-employment, investment, public and private pensions, other government benefits); d) opinions on mandatory retirement; e) then chance for participant to add anything.

1.5 Explanation of audio tape and agreement on use

Note: Begin with a brief discussion of family/living situation (number of family members, how many are in Canada and Ontario, etc.)

2. IMMIGRATION DECISION AND EXPECTATIONS

2.1 From what country and in what year did you emigrate? In what year did you obtain permanent residency (i.e. landed immigrant status and/or citizenship)?

2.2 In what year were you born?

2.3 Did you migrate by yourself or with other family members or friends?

2.4              Did you have relatives or friends living in Canada at the time?

2.5              Why did you decide to leave your home country? Probe fully – family, work, education, business, political reasons etc.

2.6              Did the likelihood of finding employment in Canada play a major role in your decision to emigrate?




2.7 Under which immigration category did you enter Canada?

-independent or skilled worker class;

-family class (spouse, grandparent, other);

-business class (investor, entrepreneur, self-employed);

-refugee (government-sponsored, privately-sponsored, refugees landed in Canada, other).

2.8 Did you emigrate by yourself or with family members?

If with family members, identify them (spouse, children, parents, other relatives)

2.9 Was it your intention to work (i.e. paid labour) in Ontario? Did other family members intend to do so?

2.10 When you moved to Ontario, were you aware that Ontario law may require an individual to retire at the age of 65?

If yes, did this play any part in your decision about which country or province to move to?

If no, would this have influenced your decision about moving to Ontario?

2.11 Were you working prior to emigrating to Canada?

If yes, what occupation?

If no, what was your principal activity (student, self-employed, homemaker, retired)

2.12 Did you suffer a significant disruption/loss of income prior to emigrating?

If yes, probe: had you lost your job? Did you lose your house or other assets?

2.13 Approximately how much personal savings did you have upon arrival in Canada?

3. EXPERIENCE OF WORKING AND LIVING IN ONTARIO

3.1 Are you currently employed or did you previously work in the paid labour market in Ontario?

If yes, go to 3.2.

If no, probe: Why not? Self-employed; had retired prior to moving to Ontario; looked for work but unable to find a job; family responsibilities (homemaker, childcare, elder care). What was your chief source of income? (personal savings, pension, family income, support from other family members with whom you did not reside) Then go to Section 4.

3.2 Were you eligible to work upon arriving in Canada? How long after becoming eligible did you begin looking for work? What were you doing between the time that you were eligible to work and begin looking for work?

3.3 How long did it take to find your first job?

3.4 Was your first job appropriate to your level of education, training and qualifications?

3.5 Did you subsequently change employers or positions within the same firm?

If yes, was your subsequent work appropriate to your education, training and qualifications. How many different jobs have you held?

3.6 Were you on unemployment for any length of time, say for six months or more?

If yes, did you receive employment insurance benefits or social assistance?

3.7 Did you at any time leave the labour force to raise children or for other personal reasons?

If yes, why and for how long were you out of the paid labour force?

3.8 In total, how many years did you spend working in Canada?

3.9 What was your major source of income during this period? (employment or self-employment earnings, social assistance, investment income)

3.10 All things considered, how would you describe your experience of working in Canada and/or Ontario: a) exceeded my professional/financial expectations; b) basically met my professional/financial expectations; c) fell far short of my professional/financial expectations?

4. RETIREMENT DECISION

4.1 Have you retired from your principal occupation?

If yes, in what city or province were you living at the time; at what age did you retire?

If no, are you obliged to retire from your current job at the age of 65? What age do you plan on working until?

4.2 Were you obliged to retire because you had reached the age of 65?

If yes, until what age would you have liked to have worked? Did this impose an economic hardship on you or your family members? Did you find retirement difficult for other reasons? If yes, probe gently.

4.3 Did you find your job less satisfying as you approached the age of 65? Did you find your employer’s attitude towards you change?

If yes, probe why/how.

4.4 Did you seek and/or obtain other work, either full- or part-time after retiring from your principal occupation?

If yes, did you have difficulty finding work? What type of work did/are you engaged in?

5. CURRENT INCOME

5.1 Do you currently receive:

a private company pension?
employment earnings?
self-employment earnings?
Canadian Pension Plan benefits?
other government social assistance benefits?

5.2 Do you receive income support from a spouse, child or other relative? If so, roughly how much and from whom?

5.3 Do you provide income support to a spouse, child or other relative? If so, roughly how much and from whom?

5.4 Is your current income sufficient to meet your basic needs (food, clothing and shelter)?

6. MANDATORY RETIREMENT

In the Province of Ontario, workers may be forced to retire at the age of 65 years. In some other Canadian provinces, mandatory retirement is not permitted without a legally justifiable reason for discriminating against workers on the basis of age.

6.1 Do you think Ontario’s policy is fair/unfair to individuals? Probe, focusing as much as possible on the individual’s human rights.

-if fair, why? (Because the skills of older people deteriorate?)

-if unfair, why? (Everyone over a certain age should enjoy the same right to work? Work is important to one’s sense of self-esteem? Potential economic hardship?)

6.2 Do you think Ontario’s policy is appropriate/inappropriate from the point of view of what is best for society? Probe, focusing as much as possible on what is in society’s best interest.

-if yes, why? (To give young people a chance to work? To give employers the chance to terminate employees without having to fire them? To avoid workplace testing?)

-if no, why? (There aren’t enough younger workers to replace them? The individual’s right to work is most important?)

6.3 Do you think that mandatory retirement is unfair to many immigrant families who may not have been able to save enough money for their retirement by the age of 65? Probe:

-if yes: do you know of cases where an immigrant has been affected by mandatory retirement?

-if no: many immigrants have had their lives disrupted and have suffered a loss of income or have been unable to work for long periods of time. Don’t you think that forcing individuals to retire at 65 years of age may place an economic burden on them?

6.4 Would you prefer to see any changes in mandatory retirement legislation? Probe: Should the age limit be lowered or raised? Should mandatory retirement be abolished (except in cases where there is a legally justifiable reason for discriminating against workers on the basis of age)? Explain.

7. OTHER ISSUES TO BE DISCUSSED (participant-generated)

Thank and close.