SOCI – Annex A - End of Mission Statement by United Nations Special Rapporteur – September 28, 2023
End Of Mission Statement - United Nations Special Rapporteur On Contemporary Forms Of Slavery, Including Its Causes And Consequences
Key Findings:
The Special Rapporteur found that:
agricultural and low-wage migrant workers are made vulnerable to contemporary forms of slavery in Canada and is concerned that this cohort of workers entering Canada is on the rise;
migrant workers may be susceptible to debt bondage as they may pay large amounts of money to recruitment brokers in their countries of origin, despite the fact that policies to address this were introduced in 2022;
the rights of migrant workers are further curtailed by the federalist model. Federal jurisdiction governs entry into Canada and the Provincial and Territorial jurisdictions regulate working conditions in 90 per cent of jobs;
closed work permits created a cycle of dependency between employees and employers that renders temporary foreign workers vulnerable to exploitation and abuse;
certain temporary foreign workers receive considerably less protections than others. For example, workers covered by the Seasonal Agricultural Worker Program receive better protections due to the existence of a bilateral agreement between Canada and their countries of origin;
inspections do not occur regularly and are typically grossly ineffective with the existence of collusions between labour inspectors and immigration authorities; and
the Open Work Permit for Vulnerable Workers remains ineffective due to various identified barriers, namely high evidentiary standards, language barriers, and potential stigmatization of OWP-V holders as problematic.
Key Recommendations for IRCC:
Modify the Temporary Foreign Workers Program 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’s Points of Disagreements
Current worker protection and employer compliance measures are inadequate.
On September 26, 2022, amendments were made to the Immigration and Refugee Protection Regulations to enhance the protection of temporary foreign workers by setting new employer requirements and conditions and improving the Government of Canada’s ability to hold employers accountable for non-compliance. This includes, but is not limited to, requirements for an employer to provide the most recent information to foreign nationals about their rights in Canada, and provide access to health. An overview of updates can be found on Employer compliance inspections.
Furthermore, if an employer is found to have not met the regulatory conditions outlined in the employer compliance regimes, consequences can be severe, including administrative monetary penalties up to a maximum of $1 million and bans from the Program.
The OWP-V, has a “high evidentiary standard” for temporary foreign workers and that workers must remain with the abusive employer or survive in Canada without the ability to work legally or access most social services until the open work permit application is granted.
The OWP-V has a lower burden of proof compared to most immigration programs. The lower threshold recognizes that abuse is often difficult to prove, and reflects the facilitative intent of the program. Applicants are only required to include a description of the abuse or risk of abuse together with their application.
The OWP-V was intended to help both workers currently experiencing abuse, and those who are at risk of abuse. This includes workers with a valid employer-specific work permit (or maintained status) who have already left an abusive employment situation, and would be at risk of abuse if they returned.
Program guidance on OWP-V is public can be found here.
Recognition as a victim of trafficking is left at the discretion of public officials who may lack objectivity, resulting in inconsistencies in how such permits are issued, a concern raised by a number of interlocutors
The temporary resident permit (TRP) is by its nature discretionary. However, there is guidance that is issued to officers to support consistent assessment of human trafficking cases, which is designed to be as facilitative as possible in recognition that victims need protection through the immigration system.
Many victims are reclassified as witnesses, in which case their permits depend on law enforcement attesting to their participation in a criminal investigation
This assertion is incorrect. Participation in a criminal investigations is not a requirement for foreign national victims of human trafficking in Canada to regularize their status. Please see Protection and assistance for victims of human trafficking.
Provide stronger oversight over employment recruiters and immigration consultants
The College of Immigration and Citizenship Consultants effectively regulates immigration and citizenship consultants, including consultants who also provide recruiting services. In FY 2022-23, the College’s Discipline Committee took 57 disciplinary actions against licensees and published them on the College’s website to increase awareness among potential applicants and the public. Of these, 19 involved the temporary foreign worker program, Labour Market Impact Assessments or recruitment.
