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Former Union Leader Challenges Canadian Pension Policy

A P Kamath

Three years ago, Harbans Singh Pawar became eligible for pension after having completed 10 years residency in Canada. Pawar, who has worked as a farm hand and cab driver in Vancouver, was eligible to receive about $ 800 (Canadian) a month.

After a few weeks his application was approved, Pawar, 67, sued the Canadian government, alleging discrimination against Asians and people of color. His case came up for hearing for the first time this week in a federal court.

Pawar, a former trade union leader in New Delhi, says his fight is against the Canadian pension policy could benefit over 10,000 people. Under Canadian law an immigrant should live in Canada for 10 years before becoming eligible for pension at the age of 65.

Pawar, who was sponsored by his son, had to wait till he was 67 because he had not lived 10 years in Canada. His lawyer Arthur Grant points out that European migrants could get the pension at 65 even if they have lived in Canada for a year or two. The life of an Asian or South American immigrant has a different value in Canada, says Pawar. A person of 64 who migrates from a European country or America could get a Canadian Old Age Pension next year.

"I migrated from India and worked for many years but I could not get the pension when I turned 65 because I had lived in Canada for seven years," he says.

But Canadian officials say the alleged discrimination is a misconception. If European migrants get the benefits when they turn 65 without having to wait for the 10-year-residency period it is because Canada has reciprocity treaties with those countries.

However, there is no reciprocity treaty between Canada and China, India, Pakistan, Taiwan and other Asian, African and South American countries.

Canadian law was changed in 1996 mandating that sponsored immigrants whose native countries did not have a reciprocal agreement with Ottawa should live in Canada for at least 10 years before they received pension. The government stands to save over $ 120 million in a decade because of the new law.

Pawar says the law goes against the Canadian immigration policy, that is ostensibly the same for all. There cannot be one Canada for white immigrants and another for people of color, he says.

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