Question Period Note: TEMPORARY FOREIGN WORKER PROGRAM: CLASS ACTION LAWSUITS

There are currently two class action lawsuits at early stages before the courts, challenging the constitutionality of the Government of Canada’s employer-specific work permits issued to temporary foreign workers.

• The Government of Canada cannot comment on specific cases that are before the courts.
• While in Canada, temporary foreign workers have the same workplace rights and protections as Canadians and permanent residents under applicable federal, provincial and territorial laws.

• Mistreatment or abuse of temporary foreign workers – or any worker – is unacceptable.

On September 13, 2023, an initial class action lawsuit was brought in Québec by the Association for the Rights of Household and Farm Workers and Byron Alfredo Tobar Acevedo (ARHFW) v. Attorney General of Canada (AGC). A second one was filed in Ontario on December 6, 2023, by Kevin Palmer and Andrel Peters (Palmer) v. AGC.
The ARHFW class action challenges the constitutionality of the employer-specific work permits and alleges that they violate sections 7 and 15 of the Charter. It is alleged that employer-specific work permits restrict the physical liberty of employees, as they are entirely dependent on their employers to keep their legal status in Canada and that the victims of these schemes are minorities discriminated by their race, national or ethnic origin or colour.
• The ARHFW class action relates to any foreign national who, on or after April 17, 1982, worked in Canada and was issued a work permit conditional on engaging in work for a specific employer or specific employer workplace or was allowed to work without a work permit as a result of being employed by a foreign entity or temporary resident on a short-term basis. This includes foreign nationals working in Canada under the IMP (IRCC), the TFW Program and potentially under the Domestic Workers Accreditation Program (DWAP) at Global Affairs Canada, although this is still being determined.

• The class was authorized by the Superior Court of Québec on September 13, 2024.

• The affidavit was filed by the Department on May 1, 2025. A cross-examination of the Departmental Affiant is expected to take place in June or July 2025.
The proposed class action Palmer alleges that employer-specific permits, provisions of the Seasonal Agricultural Worker Program (SAWP) and of the Agricultural Stream, and provisions allegedly granting employers the power to repatriate workers violate section 7 of the Charter.
• Additionally, the claim argues that these provisions are discriminatory under section 15 of the Charter on the basis of race, ethnicity, and national origin. They also allege that Canada has been unjustly enriched by collecting employment insurance premiums from these foreign nationals, who are ineligible for benefits due to their employer-specific work permits and their repatriation upon termination.
• The proposed Palmer class action is yet to be certified, with the certification hearing scheduled for January 2026.
The following are relevant sections of the Charter for the class action lawsuits:
• Section 7, “Everybody has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice”.
• Section 15, “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

If Pressed (Worker Protections)
• The Government of Canada is continuously taking steps to strengthen the TFW Program. Examples of these measures include:
o stricter regulations, including requiring employers to provide temporary foreign workers with reasonable access to healthcare and prohibiting employers from charging or recovering recruitment fees;
o an employer compliance regime to better enforce the TFW Program’s requirements;
o a tip line and online reporting tool that allows individuals to anonymously report allegations of wrongdoing;
o the Migrant Worker Support Program, which is funded by the Government of Canada and supports temporary foreign workers in better understanding and exercising their rights while in Canada; and,
o the Open Work Permit for Vulnerable Workers also allows temporary foreign workers to leave their current employer to work temporarily for almost any employer in Canada if they are experiencing or at risk of experiencing abuse in their job.