Wait, there are two issues here. The fact that the RCAF pilots jobs were given to non citizens is allowed by the law. The Minister can allow it like I said. It's wrong but legal.ahramin wrote:Gilles, in the case of the military pilots am I correct in saying that there is nothing illegal about the way it was done? I mean it's pretty clear that the LVCs and LMOs are not legal according to the laws and guidance that govern them, but is there anything illegal about the way foreign military pilots are brought in? And is there anything different about the way this is currently being done compared to previous decades? As far as I know there has always been an exchange of Air Force pilots between Canada/US/Britain/others.
The LMO aspect of the thing is illegal in my view. To have an LMO approved, one must demonstrate that there are no qualified Canadians for the job. They must advertise for the position to demonstrate that they were unable to find qualified Canadian applicants.
Here is what the ad might look like on AvCanada:
"The RCAF is looking for pilots. Requirements: must have military background, be under 35, have at least 500 hours as PIC on supersonic jets operated by a NATO Member, must have flown one in the past 24 months"
How many Canadian applicants would qualify ? None, right, unless they were themselves recent ex RCAF pilots. So then the RCAF is cleared to employ those foreign pilots since the RCAF demonstrated that there are no qualified applicants in Canada. If this is legal, than soon, all RCAF pilots will be Czechs, Slovaks, Polish, British, Italian, Spanish, Latvian and from Malta.
In the same line of thought, if Air Canada, Westjet and all the other Canadian airlines began advertising for pilot position but asked as a pre-requisite that all applicants be already type rated and current on the type they operate, that would open the door for ALL commercial pilots in Canada to be TFWs.
So is it legal what they did ? You tell me.
The RCAF, as far as I am concerned, acted like Sunwing and the MND acted like Martin Eley, the DGAC at TC when he blindly gave all these foreign pilots FLVCs the regulations did not allow.
Edit: The exchanges were different. "Exchange" is the key word. A bit like "reciprocity". The pilots went to each others country to gain experience and learn the others' ways to learn to work together in cases they ever went to war together. But the exchange pilots remained at the employ of their respective Air Forces. The were there for a stage, period and often it was on a exchange basis. They were not taking anyone's job. They were not killing's a local kids' chance of making it in the RCAF.