Quebec’s Superior Court has given permission for a class-action lawsuit by temporary foreign workers against the federal government. The workers claim that their work permits restrict them to a specific employer, violating their Charter rights. The lawsuit was brought by the Association for the Rights of Household and Farm Workers based in Montreal.
On Friday, Quebec Superior Court Judge Silvana Conte approved the lawsuit. The lawsuit includes any foreign national who received a work permit in Canada after April 17, 1982, tied to a specific employer. Conte believes there is a strong case that these tying measures are unconstitutional under the Charter and may lead to damages for the workers.
Byron Alfredo Acevedo Tobar from Guatemala, a farm worker and the main plaintiff in the case, alleges mistreatment by three different employers between 2014 and 2022. He claims he faced abuse, harassment, overwork, lack of training and equipment, and was underpaid.
Closed work permits are usually given to migrant workers in low-skilled jobs, linking them to a specific employer or group. Critics argue that this system encourages abuse because workers can be deported if they are fired.
In response to the lawsuit, the federal government’s lawyers argued that Acevedo Tobar’s experience is rare and that he may not accurately represent all the class members. They also wanted to limit the class to workers in agriculture and caregiver fields. However, the plaintiffs wanted the class to include workers since 1982, when the Charter of Rights and Freedoms came into effect.
The United Nations special rapporteur has criticized Canada’s temporary foreign worker program, describing it as a breeding ground for modern forms of slavery. Issues cited include wage theft, difficulty accessing healthcare, long working hours, inadequate breaks, and lack of protective equipment.
The number of permits under the program has increased significantly in recent years, prompting the government to announce plans to reduce the number of such workers in Canada. The class action has received support from traditional labor unions in Quebec, recognizing the power imbalance created by closed permits that leave workers vulnerable to abuse.
Other Stories
Foreign interference inquiry shifts focus to present and future threats.
Canadians’ frustration with Justin Trudeau, says Singh