In a significant legal development, Quebec’s Superior Court has authorized a class-action lawsuit involving temporary foreign workers. The lawsuit challenges the federal government over work permits that bind workers to specific employers. This decision, made on Friday, marks a pivotal moment in the ongoing debate about the rights of migrant workers in Canada.
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Background of the Lawsuit
The class-action lawsuit was initiated in 2023 by the Montreal-based Association for the Rights of Household and Farm Workers. The legal action alleges that the closed work permits, which tie foreign workers to specific employers, violate their fundamental charter rights related to life, liberty, security, and equality.
Justice Silvana Conte of the Quebec Superior Court has ruled in favor of the lawsuit, stating that there is a plausible case that these employer-tying measures may be “clearly unconstitutional.” The lawsuit seeks damages for affected workers and a declaration that certain sections of the Immigration and Refugee Protection Regulations are unconstitutional.
Allegations Against Closed Work Permits
The lead plaintiff, Byron Alfredo Acevedo Tobar from Guatemala, has brought forward serious allegations based on his experiences under a closed work permit. Acevedo Tobar claims to have endured psychological abuse, harassment, overwork, inadequate training, and insufficient equipment. His allegations span three separate employers between 2014 and 2022.
Closed work permits are typically issued for low-skilled jobs, binding workers to specific employers or groups of employers. This system has been criticized for creating a power imbalance that may encourage abuse, as workers face deportation if they lose their jobs.
Government’s Response and Court’s Considerations
In response to the lawsuit, federal government lawyers argued that Acevedo Tobar’s experiences were atypical and contested his ability to represent the entire class. The government sought to restrict the class to workers in the agriculture and caregiving sectors and limit the eligibility to those who received permits from 2017 onwards. However, the applicants aim to include workers who have held such permits since 1982, the year the Charter of Rights and Freedoms came into effect.
Justice Conte has yet to finalize the eligibility period for class members, but this decision will significantly influence the scope of the lawsuit.
International Criticism and Support for the Lawsuit
The lawsuit comes amidst international scrutiny of Canada’s temporary foreign worker program. Last September, a United Nations special rapporteur criticized the program as a “breeding ground for contemporary forms of slavery.” The report highlighted issues such as wage theft, limited access to healthcare, long working hours, and inadequate personal protective equipment. Allegations of sexual harassment, exploitation, and various forms of abuse were also noted.
Support for the class action has been voiced by Quebec’s major labor unions, including the Confédération des syndicats nationaux (CSN) and the Fédération des travailleurs et travailleuses du Québec. These unions recognize that despite the legal rights on paper, foreign workers often live in fear of reprisals due to the restrictive nature of closed work permits.
Next Steps and Government Reaction
Immigration, Refugees and Citizenship Canada (IRCC) has declined to comment on the case as it is under judicial review. The attorney general’s office has 30 days to decide whether to appeal the court’s decision. The outcome of this lawsuit could have profound implications for the future of Canada’s temporary foreign worker program and the protection of migrant workers’ rights.
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This legal battle highlights the pressing need for reforms in the treatment of temporary foreign workers and raises important questions about the balance of power and protection within Canada’s labor market.