 |
| Lorne Waldman |
The Special Rapporteur noted: “Canada should end labour migration arrangements that foster exploitation by creating dependency situations that tie workers to their employers and give employers control over workers’ housing, health-care and migration status.”
He is, of course, referring to the fact that many foreign workers’ permits to work in Canada are restricted so that they can only work for one employer. That employer provides work and often food and lodging. Employees who are subject to exploitation have little recourse because if they leave their jobs, they lose their right to work. Even if they find a new position, the second employer must apply for approval for Service Canada to hire the worker, and once that approval is obtained, the employee must apply to get a new work permit to permit them to work in the new position.
While waiting for the new worker, a process that can take months, the foreigner is left without any ability to support themselves. This situation has forced many temporary workers to accept exploitation.
Those of us who have worked in the immigration field have long been aware of this problem. It has been a source of constant complaint in relation to the plight of agricultural workers who are brought to Canada to work on farms. They are forced to work long hours in difficult conditions for little pay. Many human rights organizations have lobbied to secure changes that provide greater protection for those workers and some improvements have been introduced, but the situation is still very precarious for many.
But the dramatic expansion of the temporary worker program over the past years to include low-wage workers has only exacerbated the problem. People living in poverty in other countries will jump at the chance for an opportunity to get to Canada. They will pay thousands of dollars to agents in their homelands who promise them the moon, only to discover that they have been recruited to work in low-paying jobs in poor working conditions with no prospect of obtaining permanent status.
Most Canadians were ignorant and indifferent to the plight of these workers until it started affecting their lives. It was fine to be served coffee by a temporary worker in one of our favourite national franchises if it meant that the low wages that the workers were paid made our coffee less expensive.
But when the influx of temporary workers and students began to impact the housing market, suddenly the foreign workers were the villains. The opposition parties demanded that the government take action to fix the problem, although the expansion of the low-wage temporary worker program began years ago under the former Conservative government.
Minister Miller has announced changes to the program. The number of foreign workers will be capped. So too will the number of foreign students — all in an effort to reduce the number of temporary residents in Canada who have been placing a strain on the housing market and on other social services that we all rely on. But in making these reforms, the minister must finally address the crucial question: What is the purpose of the temporary worker stream? Is it to allow companies to find low-wage workers outside of Canada who are desperate to get a foothold in Canada and, as such, are willing to work below the average wage and accept poor working conditions? Is it to allow employers to suppress the wages they would have to pay to Canadians so that we can pay less for our coffee and donuts? Or is it to allow employers who need to fill a position for which there is no suitable Canadian worker the opportunity to find a foreign worker who has the necessary skills, and who can train a Canadian worker?
Over the years, the expansion of the temporary worker program has come without any reflection on its overriding purpose in our overall immigration policy. We certainly need foreign workers because there are areas in our labour force where there are shortages. But do we need to bring in thousands of temporary workers for low-wage positions? Perhaps. But before we continue down that path, the government must articulate a clear explanation for its policies and how they will benefit Canada. And it must ensure that whatever policy it decides on ensures that all foreign workers who are brought to Canada are treated with humanity and respect, are paid a decent wage and are provided proper living conditions.
Lorne Waldman has been practising exclusively in the area of immigration and refugee law since 1979, the year he opened his own law practice, Waldman & Associates. He was co-counsel to Maher Arar at the Commission of Inquiry into his deportation into Syria. He has also been appointed by the Minister of Justice as a Special Advocate. Waldman is the author and editor of Immigration Law and Practice, a two-volume, loose-leaf service published by LexisNexis in 1992. He has appeared very frequently at all levels of the courts in Canada, including the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal, where he has argued many of the leading cases in immigration and refugee law. He was made a Member of the Order of Canada for his contribution to immigration and refugee law.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, LexisNexis Canada, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Interested in writing for us? To learn more about how you can add your voice to Law360 Canada, contact Analysis Editor Richard Skinulis at Richard.Skinulis@lexisnexis.ca or call 437-828-6772.