Quebec court greenlights temporary foreign worker class action on closed permits
Quebec's Superior Court has authorized a class-action lawsuit involving temporary foreign workers who are suing the federal government over work permits that bind them to an employer.
The lawsuit, launched in 2023 by the Montreal-based Association for the Rights of Household and Farm Workers, alleges closed work permits violate Charter rights pertaining to life, liberty and security of the person, and equality.
On Friday, Quebec Superior Court Justice Silvana Conte greenlit the lawsuit, whose members include any foreign national issued a work permit in Canada after April 17, 1982, that was tied to a specific employer.
"The court finds that at this preliminary stage, while the threshold test is high, there is an arguable case that the employer-tying measures are 'clearly unconstitutional' giving rise to a claim for damages under the Charter," Conte wrote.
The action seeks damages for members, and a declaration that sections of the Immigration and Refugee Protection Regulations are unconstitutional.
Byron Alfredo Acevedo Tobar from Guatemala, a farm worker and lead plaintiff in the case, alleges abusive treatment while working under a closed permit with three separate employers between 2014 and 2022. He claims to have been subject to psychological abuse and harassment, and was overworked. He also says he was not properly trained, lacked equipment and was underpaid.
Closed work permits are generally given to migrant workers in low-skilled jobs, tying them to a specific employer or group of employers. If workers are fired then they can be deported from Canada, a rule that critics say encourages abuse.
In response to the lawsuit, lawyers for the federal government argued that Acevedo Tobar's experience is uncommon, and that he couldn't properly represent class action members. They also sought to limit the class to workers in the agriculture and caregiver fields.
The government's legal team also wanted to reduce the eligibility period for prospective members of the class — to workers who received permits no earlier than 2017. Applicants however, wanted the class to extend back to 1982 — the year Canada's Charter of Rights and Freedoms entered into effect. Conte said the final window in which class members can be included will be decided at a later date.
Last September, a United Nations special rapporteur described Canada's temporary foreign worker program as a “breeding ground for contemporary forms of slavery.” Tomoya Obokata said after a 14-day visit to Canada that the closed work permit system leaves foreign workers vulnerable "as they cannot report abuses without fear of deportation."
Obokata repeated those comments in a final report as special rapporteur published in August 2024, citing issues including wage theft, difficulties accessing health care, long working hours with limited breaks and insufficient personal protective equipment. The report also notes allegations of sexual harassment and exploitation, along with physical, emotional and verbal abuse.
The number of permits under the program increased 88 per cent from 2019 to 2023, though Ottawa recently said it plans to reduce the number of such workers in Canada.
The class action has garnered support from Quebec's traditional labour unions like the Confederation of National Trade Unions (CSN) and the Quebec Federation of Labour, which acknowledge that while workers have rights on paper, they live under fear of reprisals because of the power imbalance created by closed permits.
Immigration, Refugees, and Citizenship Canada said Monday it was unable to comment as the matter is before the courts. The attorney general's office will have 30 days to decide whether to appeal the ruling.
This report by The Canadian Press was first published Sept. 16, 2024.
CTVNews.ca Top Stories
'We've been here before': Trudeau says Canada will prioritize interests in potential U.S. trade renegotiation
Prime Minister Justin Trudeau says that if the next U.S. president re-opens trade negotiations for the United States-Mexico-Canada Agreement (USMCA), Canada will prioritize its own interests.
B.C. billionaire posts third large sign criticizing NDP ahead of the election
British Columbia billionaire Chip Wilson has put up yet another billboard message to voters, his third post outside his multimillion-dollar mansion in NDP Leader David Eby's own riding.
Missing father, kids spotted in New Zealand wilderness 3 years after disappearance: police
A New Zealand man who disappeared with his three children in 2021 was spotted on a farm along the country's northwest coast, police say.
Former public safety minister didn't know about delayed spy warrant, he tells inquiry
Former public safety minister Bill Blair denies having any knowledge about delays in approving a spy service warrant in 2021 that may have included references to people in his own government.
'It went horribly wrong': DNA analysis sheds light on lost Arctic expedition's grisly end
Archaeologists have identified the cannibalized remains of a senior officer who perished during an ill-fated 19th century Arctic expedition, offering insight into its lost crew's tragic and grisly final days.
Partial remains of British climber believed found 100 years after Everest ascent
The partial remains of a British mountaineer who might -- or might not -- have been one of the first two people to climb Mount Everest are believed to have been found a century after their ascent of the world's highest peak, according to an expedition led by National Geographic.
Winnipeggers arrested after images surface of cats being tortured, killed
Two Winnipeggers have been arrested after images and videos were posted online of animals being tortured and killed.
Al Pacino says being a new dad at 84 is a 'mini miracle'
Al Pacino is enjoying being a late-in-life dad. The legendary actor talked about being a father to a brood, including to 16-month-old Roman with producer Noor Alfallah.
Common heart conditions raise the risk of dementia, experts say
If you are one of the millions with heart disease, you have a higher risk for future dementia, according to the American Heart Association.