CIMM – Temporary Foreign Worker Program – Proposed Class action litigation backgrounder – November 07, 2023

Overview:

IRCC is facing a proposed class action brought by the Association for the Rights of Household and Farm Workers and an individual going as “A.B.” that seeks damages. The claim was filed in the Quebec Superior Court and challenges the sections of the Immigration and Refugee Protection Regulations (IRPR) which authorize the issuance of employer-specific, or closed work permits. They allege these provisions make workers vulnerable to contemporary forms of slavery in Canada by making them wholly dependent on their employers to keep their legal status in Canada. The litigation is at the early stages.

They allege that employer-specific work permits restrict the physical liberty of employees thereby breaching section 7 of the Charter (life, liberty and security of the person rights) and also violating section 12 (cruel and unusual treatment or punishment), and that the program breaches their right to equality protected by the Charter (section 15) as the victims of these schemes are minorities by their race, national or ethnic origin or colour.

Proposed class and financial damages: the claimants are seeking damages back to 1982 for individuals who worked in Canada on an employer-specific permit as a foreign national (i.e. without being a Canadian Citizen or a permanent resident of Canada at the time). [Redacted]

[Redacted]

Proposed responses (reactive only):

What does IRCC say in response to the allegation that the program makes the workers vulnerable and breaches their Charter rights?

While I cannot comment on specific cases before the Federal Court, I can say that employer-specific work permit holders are authorized to work for the employer who supported their work permit application; however, all workers still have the right to change jobs or employers in Canada. Employers of employer-specific work permit holders are subject to an employer compliance regime, which seeks to ensure the protection of foreign workers through a suite of regulatory obligations. This aims to promote safe and fair working conditions for temporary foreign workers. IRCC has also implemented facilitative measures to support employer-specific work permit holders, including the Open Work Permit for Vulnerable Workers to allow workers to leave abusive situations and the Changing Employers Public Policy so workers can begin working with a new employer more quickly.

If asked for further comments on the litigation:

• As this matter is in litigation, it would be inappropriate for me to make further comments.