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

Class Action Lawsuit Over Employer-Tying Measures

On September 13, 2024, a significant legal development occurred when the Superior Court of Québec granted the Association for the Rights of Household and Farm Workers permission to initiate a class action against Canada’s Attorney General. This case centers around the controversial employer-tying measures imposed on temporary foreign workers, which include employer-specific or closed work permits. These measures are alleged to violate sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms, igniting a crucial debate over foreign workers’ rights in Canada.

Background of the Case

Temporary foreign workers have long played an essential role in various Canadian industries, including agriculture and domestic services. However, their employment has often been marred by legal constraints that tie them to specific employers, restricting their ability to seek better work conditions or opportunities. The Association for the Rights of Household and Farm Workers argues that such restrictions not only violate individual rights but also contribute to an environment of exploitation and abuse.

The Association’s action seeks to declare certain provisions of the Canadian Immigration and Refugee Protection Regulations unconstitutional. Furthermore, they are requesting Charter damages, which would provide monetary compensation to all eligible members of the class action.

Who is Included in the Class Action?

Individuals are automatically included in this class action if they meet specific criteria:

• - They must have worked in Canada after April 17, 1982, without being a Canadian citizen or permanent resident.
• - They were issued a work permit that had the requirement to work for a specific employer or group of employers.
• - This includes those working under the Temporary Foreign Workers Program (TFWP), the Seasonal Agricultural Worker Program (SAWP), or the Non-Immigrant Employment Authorization Program (NIEAP).

Additionally, those authorized to work without a permit because they were employed by a foreign entity or in a personal capacity may also qualify. This encompasses domestic workers, personal assistants, and caregivers who accompanied their employers to Canada. However, certain exclusions apply, such as those employed by foreign states or international organizations including the UN.

Legal Proceedings and Challenges

The Attorney General of Canada is contesting the claims made within the class action, asserting that the measures in question do not equate to unconstitutional restrictions. The court has yet to set a date for the trial where these allegations will be evaluated.

For those individuals who wish to opt out of the class action, they must do so by August 27, 2025, at 4:30 PM, with detailed instructions provided in the official notice.

This class action marks a pivotal moment for temporary foreign workers in Canada, as it challenges the current employment framework that many argue is detrimental to their rights and dignity. With the outcome pending, it remains to be seen how this action could reshape the landscape for foreign labor in the nation and elevate discussions regarding workers' rights.