CIMM – UN Special Rapporteur on Contemporary Forms of Slavery – December 05, 2023
Key Facts And Figures
The United Nations (UN) Special Rapporteur on contemporary forms of slavery began a tour of Canada on August 23, 2023, to assess Canada’s efforts to prevent and address contemporary forms of slavery. An End of Mission Statement was immediately released, with a final report expected to be published in July 2024.
Key Messages
The Government acknowledges the preliminary End of Mission Statement from the UN Special Rapporteur. While we do not fully agree with all aspects, we appreciate the recommendations to better protect workers and will take the findings into account as we adjust our programs and services.
Mistreatment or abuse of workers can never be tolerated. Our government has taken concrete actions such as implementing the Open Work Permit for Vulnerable Workers (OWP-V) and regulatory changes to better support them but recognizes there are always opportunities to improve. The Government also issues temporary resident permits (TRPs) to victims of human trafficking, which allows access to an open work permit or study permit, and health-care coverage.
The Department continues to work closely with partners such as the Canada Border Services Agency, to ensure the continued improvement of our programs and supports for victims of trafficking or abuse.
Supplementary Information
The End of Mission Statement was critical of the Temporary Foreign Worker Program (TFWP), the OWP-V and the TRP for victims of human trafficking, referencing inadequate worker protection measures and difficulties obtaining permits.
Canada disputes some of the assertions in the preliminary report:
Worker protections are inadequate: Canada has made regulatory amendments to set new employer requirements and improve our ability to hold employers accountable for non-compliance.
There is a high evidentiary standard to obtain an OWP-V: The OWP-V has a lower burden of proof compared to most immigration programs and applicants are only required to include a description of the abuse or risk of abuse with their application.
Recognition as a victim of trafficking is left at the discretion of public officials who may lack objectivity: The TRP is by its nature discretionary; however, guidance to officers supports consistent assessment of human trafficking cases, and is designed to be as facilitative as possible.
Obligation for victims of human trafficking to participate in criminal investigations: Participation in a criminal investigation is not a requirement to regularize the status of a victim of human trafficking status to get protection.
Oversight over employment recruiters and immigration consultants is not strong enough: The College of Immigration and Citizenship Consultants effectively regulates immigration and citizenship consultants, including consultants who also provide recruiting services. In 2022-2023, the College’s Discipline Committee took 57 disciplinary actions against licensees, which were made public for awareness. Of these, 19 involved the TFWP, Labour Market Impact Assessments or recruitment.
The End of Mission Statement outlines several key recommendations:
Modify the TFWP to enable workers to choose employers freely without any restriction and discrimination;
Make the application for open work permit for vulnerable workers easier and simpler;
Provide stronger oversight over employment recruiters and immigration consultants;
Promote a unified approach to protecting the rights of migrant workers across Canada through more proactive coordination and communication among the Federal and Provincial/Territorial Governments;
Include migrant workers in all decision making affecting their wellbeing.
IRCC and Employment and Social Development Canada officials met with the UN Special Rapporteur during his visit, on August 23. Officials presented information on the Temporary Foreign Worker Program, Open Work Permit for Vulnerable Workers (OWP-V), and open work permits for asylum seekers, as requested by the Special Rapporteur.
IRCC officials also participated in the Federal Roundtable on the National Strategy to Combat Human Trafficking with the Special Rapporteur on August 24, along with officials from several other Government of Canada departments and agencies.
While no further engagements with the UN Special Rapporteur are planned at this time, IRCC’s comments on the End of Mission Statement will be shared through Global Affairs Canada, who is coordinating feedback from across government departments. The final report is expected to be published next summer.
