#Class Action #Canada #Montreal #Temporary Workers

Quebec Superior Court Authorizes Class Action Against Canada

On September 13, 2024, an important legal decision was made by the Quebec Superior Court, granting permission to the Association for the Rights of Household and Farm Workers to initiate a class action lawsuit against the Attorney General of Canada. This action is rooted in allegations that the "employer-tying measures" imposed on temporary foreign workers violate the Canadian Charter of Rights and Freedoms.

Background of the Case

The class action targets policies that restrict the rights of temporary foreign workers by tying their work permits to specific employers, often referred to as "closed work permits." The Association argues that such measures violate Sections 7 and 15(1) of the Charter, which guarantee the right to life, liberty, security, and equal protection under the law. The lawsuit calls for the declaration of these provisions as unconstitutional and seeks damages on behalf of all affected workers.

Who is Affected?

Individuals automatically included in this class action are those who have worked in Canada after April 17, 1982, without being Canadian citizens or permanent residents. To qualify, they must have been issued work permits with conditions linking them to specific employers or work locations. This includes workers engaged through the Temporary Foreign Worker Program (TFWP) or the Seasonal Agricultural Worker Program (SAWP).

Moreover, workers authorized to work without a formal permit due to short-term employment by foreign entities or personal employment by non-citizens may also be included. This extends to domestic workers or caregivers who entered Canada alongside their employers.

Legal Proceedings

The Attorney General of Canada is contesting the merits of the class action, and a trial date will be set in due course. Importantly, participants in the class action will not be responsible for any legal costs arising from this lawsuit. However, those who wish to opt out of the collective action must do so by 4:30 PM on August 27, 2025.

Implications for Temporary Workers

This legal battle reflects broader issues concerning the treatment and rights of temporary foreign workers in Canada. The restrictions on work permits tied to specific employers are a significant barrier to mobility, enabling exploitation and limiting opportunities for many hardworking individuals.

If the court rules in favor of the participants, it could set a precedent for significant reforms in immigration policy, offering greater rights and protections for temporary foreign workers. The outcome of this class action may ultimately reshape the landscape of labor relations and immigration in Canada, advocating for fairness and equality for all workers.

As the trial approaches, the implications of this lawsuit will be closely monitored by various advocacy groups and stakeholders, aiming to uphold the rights of vulnerable populations.

In conclusion, the Quebec Superior Court's authorization of this class action marks a crucial step towards justice and equity for temporary foreign workers in Canada, underscoring the need for continued advocacy and reform within the labor market.