#Class Action #Canada #Montreal #Canadian Charter #Temporary Foreign Workers

Class Action Authorized Against Canada on Work Permits for Foreign Workers

On September 13, 2024, the Superior Court of Québec made a significant decision that could impact thousands of temporary foreign workers in Canada. The court authorized the Association for the Rights of Household and Farm Workers to launch a class action against the Attorney General of Canada. The core of the argument revolves around the so-called "employer-tying measures," which critics argue are unconstitutional and unfairly restrictive.

Background of the Case

Temporary foreign workers, often referred to as migrant workers, play a crucial role in various sectors across Canada, particularly in agriculture and household services. However, many of these workers are issued employer-specific work permits, also known as "closed" permits. This means they are tied to a particular employer and cannot change jobs without facing significant challenges, including potential loss of their legal status in the country.

The Association for the Rights of Household and Farm Workers contends that these employer-tying measures violate sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms. Section 7 ensures the right to life, liberty, and security, while Section 15(1) guarantees the right to equal protection and equal benefit of the law.

Implications of the Class Action

If the court ultimately agrees with the Association's arguments, it could lead to a declaration that certain provisions of the Canadian Immigration and Refugee Protection Regulations are unconstitutional. This would not only have significant implications for current and future temporary foreign workers but could also reshape immigration laws surrounding work permits in Canada.

The Association seeks damages to be awarded to all members of the class action, arguing that the current regulations have led to exploitation and abuse. They highlight instances where workers have faced wage theft, unsafe working conditions, and limited access to rights afforded to other Canadian workers.

Who is Affected?

Individuals who worked in Canada after April 17, 1982, without being Canadian citizens or permanent residents may automatically qualify as members of this class action if they meet specific criteria. This includes having received a work permit that ties them to a specific employer or being employed through programs designed for temporary foreign workers, such as the Temporary Foreign Workers Program (TFWP) or the Seasonal Agricultural Worker Program (SAWP).

Additionally, those who worked in Canada without a permit due to short-term employment qualifications or personal services may also be eligible. Importantly, those included in this class action do not need to take any further action to join but can opt out by August 27, 2025, if they choose.

Next Steps

While the Attorney General of Canada contests the merits of the case, a trial is set to be scheduled in the near future to further determine the position of the law and the appropriateness of the challenged provisions. This upcoming trial is being closely watched, as its outcome could significantly alter the landscape for temporary foreign workers in Canada.

Conclusion

The authorization of this class action marks a pivotal moment for advocacy concerning temporary foreign workers in Canada. As more stakeholders become aware of their rights, it is essential to monitor developments in this case closely. The potential implications extend beyond just legal precedents but could also improve the working and living conditions of many vulnerable individuals who help sustain Canada's economy.

As this class action proceeds, the voices of temporary foreign workers will increasingly resound in the halls of justice, bringing attention to longstanding issues concerning their treatment and rights in Canada.