Quebec’s Superior Court has given the green light to a class-action lawsuit brought by temporary foreign workers against the federal government. The lawsuit challenges work permits that restrict workers to a single employer.
The lawsuit, filed in 2023 by the Montreal-based Association des droits des travailleuses et travailleurs domestiques et agricoles, claims that the “closed” work permits violate fundamental rights in the Canadian Charter of Rights and Freedoms, including rights to life, liberty, security, and equality.
On September 13, 2024, Justice Silvana Conte ruled that the class action could proceed. The class comprises foreign workers issued employer-specific work permits in Canada after April 17, 1982, the day the Charter was enacted.
“The court finds that at this preliminary stage, there is an arguable case that the employer-tying measures are ‘clearly unconstitutional,’ potentially leading to a Charter-based claim for damages,” Justice Conte wrote in her decision.
The plaintiffs seek financial compensation and a ruling that certain sections of the Immigration and Refugee Protection Regulations are unconstitutional.
What Has Happened?
- Quebec’s Superior Court approved a class-action lawsuit against closed work permits, arguing they violate rights under the Canadian Charter of Rights and Freedoms.
- The lawsuit, filed by a worker association, claims employer-specific permits expose temporary foreign workers to abuse and exploitation.
- The federal government contests the case, arguing it doesn’t represent the majority of workers, while plaintiffs push to include permits issued since 1982.
- The lawsuit has renewed focus on the vulnerabilities of migrant workers, with critics calling the system a breeding ground for modern slavery.
Abuse allegations
The case’s lead plaintiff, Byron Alfredo Acevedo Tobar, a farm worker from Guatemala, described enduring abuse while working under closed permits between 2014 and 2022. He worked for three different employers during this period and reported psychological abuse, harassment, overwork, lack of proper training, insufficient equipment, and underpayment.
The closed permits are predominantly issued to migrant workers in low-skilled positions, including agriculture and caregiving. Workers are bound to specific employers and, if dismissed, risk deportation. Critics argue that tying them to employers exposes workers to exploitation, and these workers are less likely to report mistreatment because of fear of losing their jobs and being deported.
According to a Statistics Canada report published in May, one in 10 temporary foreign workers earned less than $7,500 annually in 2019.
Government response
Lawyers representing the federal government argued that Acevedo Tobar’s experience was not typical and that he should not represent the broader group of workers in the class action. They sought to limit the lawsuit’s scope to workers in the agriculture and caregiving sectors and to restrict the class to workers who received permits no earlier than 2017.
The plaintiffs, however, pushed for the class to include any foreign worker issued a closed permit after the Charter’s adoption in 1982. Justice Conte stated that the eligibility period for class members would be determined later.
Concerns about the program
The lawsuit has brought renewed attention to the vulnerabilities of foreign workers under Canada’s Temporary Foreign Worker Program. A United Nations special rapporteur, Tomoya Obokata, raised concerns in 2023 about the program, calling it a “breeding ground for contemporary forms of slavery.”
Obokata noted that the closed permit system discourages workers from reporting abuses, such as wage theft, lack of access to healthcare, long working hours, and inadequate personal protective equipment because of fear of deportation. These concerns were reiterated in a report Obokata published in August 2024, which also cited instances of sexual harassment, physical and emotional abuse, and exploitation.
Between 2019 and 2023, the number of permits issued under the program surged by 88 percent, leading to heightened scrutiny. Ottawa recently announced plans to reduce the number of temporary foreign workers in response to growing criticism of the system’s structure.
Issues affecting temporary foreign workers have long been discussed. Between October 2020 and December 2020, the government held consultations with stakeholders, including public health units, migrant worker support organizations, unions, employers, and provincial governments, on how partners could collaborate to improve the federal minimum requirements for employer-provided accommodations.
The government promised to review and consider the ideas and experiences shared through the consultations to develop proposed TFW Program changes that will focus on addressing the most immediate health and safety concerns voiced during the session.
Labour union support
Quebec’s major labour organizations, including the Confédération des syndicats nationaux (CSN) and the Quebec Federation of Labour, back the class action. These unions have long advocated for the rights of temporary foreign workers, arguing that despite legal protections on paper, workers face an imbalance of power under closed permits and live in constant fear of retaliation.
Immigration, Refugees and Citizenship Canada (IRCC) stated on September 15, 2024, that it could not comment on the case as it is before the courts. The attorney general’s office now has 30 days to decide whether to appeal the court’s decision.
The class-action lawsuit against closed work permits highlights the systemic vulnerabilities temporary foreign workers face in Canada, raising questions about the balance between labour needs and human rights protection. The Superior Court allowing the case to proceed raises crucial questions about workers’ rights, potential exploitation, and the implications of tying workers to specific employers under the Temporary Foreign Worker Program.
FAQ: Quebec Class Action Against Closed Work Permits
1. What is the Quebec class action lawsuit about?
The lawsuit challenges the legality of closed work permits issued to temporary foreign workers in Canada. These permits tie workers to a single employer, which critics argue makes them vulnerable to exploitation. The class action, initiated by the Association des droits des travailleuses et travailleurs domestiques et agricoles, seeks financial compensation and claims that such permits violate rights enshrined in the Canadian Charter of Rights and Freedoms.
2. What are “closed” work permits, and why are they controversial?
Closed work permits restrict foreign workers to a specific employer, making it difficult for them to change jobs without risking deportation. Critics argue this system fosters abuse and exploitation, as workers are less likely to report mistreatment for fear of losing their employment and legal status. The permits are particularly common in low-skilled sectors like agriculture and caregiving, where workers face power imbalances.
3. Who is leading the lawsuit, and what are their claims?
The lead plaintiff, Byron Alfredo Acevedo Tobar, is a Guatemalan farm worker who endured abuse under closed permits between 2014 and 2022. He reported harassment, underpayment, overwork, and lack of proper training. The lawsuit argues that closed work permits violate fundamental rights, and Tobar’s case is used to demonstrate how these permits expose workers to exploitation, even though the federal government contests the broader applicability of his experience.
4. How has the federal government responded to the class action?
The federal government argues that Tobar’s case does not represent the experiences of most temporary foreign workers. They sought to limit the scope of the class action to workers in agriculture and caregiving who received closed permits after 2017. However, the plaintiffs want the class to include all workers issued closed permits since 1982, when the Canadian Charter of Rights and Freedoms came into effect. The court has not yet ruled on the scope.
5. What are the broader implications of this lawsuit for the Temporary Foreign Worker Program?
The class action has highlighted concerns about systemic vulnerabilities faced by temporary foreign workers in Canada. Critics, including international bodies like the UN, argue that the closed permit system contributes to modern forms of slavery by discouraging workers from reporting abuse. The case’s progression raises important questions about balancing labour needs with human rights protections and may prompt changes to how the Temporary Foreign Worker Program is regulated.
https://immigration.ca/quebec-approves-class-action-against-closed-work-permits-for-temporary-foreign-workers/
