Question Period Note: PUBLIC ACCOUNTS OF CANADA 2024 FOR EMPLOYMENT AND SOCIAL DEVELOPMENT CANADATEMPORARY 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 for temporary foreign workers under the Temporary Foreign Worker (TFW)
Program at Employment and Social Development Canada (ESDC) and the International
Mobility Program (IMP) at Immigration, Refugees and Citizenship Canada (IRCC).

The Government of Canada cannot comment on specific cases that are
before the courts.
• While in Canada, temporary foreign workers have the same workplace
protections and rights under applicable federal and provincial/territorial
employment laws as Canadians and permanent residents.
• The Government of Canada takes its responsibility to protect the health
and safety of temporary foreign workers seriously. When officials
uncover fraud during an inspection, the details are immediately
reported to the appropriate law enforcement agencies and can also
lead to serious consequences including fines, imprisonment, and/or
bans from hiring foreign workers.
• Since the legal proceedings are only in the early stages, it is too early
to assess the possibility or the amount of the liability that could be
associated with the Kevin Palmer and Andrel Peters lawsuit. In line with
Receiver General reporting guidelines, no liability has been recorded in
the Government of Canada consolidated financial statements.
• The lawsuit put forward in Québec by the Association for the Rights of
Household and Farm Workers (ARHFW) is a contingent liability for
IRCC and not ESDC.
If Pressed (Worker Protections)
• The Government has a number of tools in place to protect temporary
foreign workers. These include:
o A compliance regime to verify that employers are meeting
program requirements set out in their Labour Market Impact
Assessment (LMIA).
o A confidential tip line and online reporting tool where temporary
foreign workers can anonymously report situations of potential
wrongdoing and misuse of the TFW Program.
o A Migrant Worker Support Program which helps temporary
foreign workers to better understand and exercise their rights
while in Canada.
o An Open Work Permit for Vulnerable Workers which 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.
If Pressed (Employer-specific work permits)
• Employers of employer-specific work permit holders are subject to a
compliance regime, including inspections, which seeks to ensure that
employers are meeting Program requirements and regulatory obligations,
and are held accountable for their treatment of workers.
• Employer-specific work permits support the management and integrity of
Canada’s temporary foreign worker programs. They help to ensure that
these programs are being used to fill a specific, temporary need when
Canadians and permanent residents are not available.
• These permits also allow the Government to know which employers are
employing temporary foreign workers, and their work locations, at any
given time.

On September 13, 2023 an initial class action lawsuit was brought in Québec by the Association
for the Rights of Household and Farm Workers (ARHFW) v. Attorney General of Canada (AGC),
and a second one was filed in Ontario on December 6, 2023 by Kevin Palmer and Andrel Peters
(Palmer & Peters) 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 wholly 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. It is also alleged that
temporary foreign workers experience poor living conditions, especially when they work in
remote locations, reside in employer-provided accommodation or live in their employer’s home.
The proposed class action Palmer & Peters alleges that employer-specific permits, provisions of
the Seasonal Agricultural Worker Program (SAWP), and provisions allegedly granting
employers powers to repatriate workers violate section 7 of the Charter and are discriminatory
under section 15 of the Charter on the basis of race, ethnicity, and national origin. The claim
also impugns certain provisions of the Employment Insurance Act as contrary to section 15
since temporary foreign workers are required to pay premiums but cannot obtain regular or
sickness benefits as they are required to leave to the country at the end of their employment.
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.”

All work permits issued under the TFW Program are employer-specific,
while a small portion (8%) of work permits issued under the IMP are
employer-specific (the remainder under the IMP are open work permits).
• There are two class action lawsuits at early stages before the provincial
Superior courts: The first was put forward in Québec by the Association for
the Rights of Household and Farm Workers (ARHFW). The second, Kevin
Palmer and Andrel Peters, is in Ontario but has yet to be certified by the
Court. Both challenge the constitutionality of the Government of Canada’s
employer-specific work permits for temporary foreign workers.
• The Québec class action alleges that employer-specific work permits
violate sections 7 and 15 of the Charter.
• The proposed class action in Ontario alleges that employer-specific
permits violate section 7 of the Charter and are discriminatory under
section 15.
o The claim also impugns certain provisions of the Employment
Insurance Act as contrary to section 15 of the Charter.