Quebec’s Superior Court Authorizes Class-Action Lawsuit Against Federal Government Over Temporary Foreign Worker Permits

Lawsuit Alleges Closed Work Permits Violate Charter Rights

Quebec’s Superior Court has authorized a class-action lawsuit involving temporary foreign workers who are suing the federal government over work permits that bind them to an employer.

The lawsuit, launched in 2023 by the Montreal-based Association for the Rights of Household and Farm Workers, alleges closed work permits violate Charter rights pertaining to life, liberty and security of the person, and equality.

On Friday, Quebec Superior Court Silvana Conte greenlit the lawsuit, whose members include any foreign national issued a work permit in Canada after April 17, 1982, that was tied to a specific employer.

“The court finds that at this preliminary stage, while the threshold test is high, there is an arguable case that the employer-tying measures are ‘clearly unconstitutional’ giving rise to a claim for damages under the Charter,” Conte wrote.

The action seeks damages for members, and a declaration that sections of the Immigration and Refugee Protection Regulations are unconstitutional.

Lead Plaintiff’s Experience

Byron Alfredo Acevedo Tobar from Guatemala, a farm worker and lead plaintiff in the case, alleges abusive treatment while working under a closed permit with three separate employers between 2014 and 2022. He claims to have been subject to psychological abuse and harassment, and was overworked. He also says he was not properly trained, lacked equipment and was underpaid.

Closed Work Permits

Closed work permits are generally given to migrant workers in low-skilled jobs, tying them to a specific employer or group of employers. If workers are fired then they can be deported from Canada, a rule that critics say encourages abuse.

Government’s Response

In response to the lawsuit, lawyers for the federal government argued that Acevedo Tobar’s experience is uncommon, and that he couldn’t properly represent class action members. They also sought to limit the class to workers in the agriculture and caregiver fields.

Eligibility Period

The government’s legal team also wanted to reduce the eligibility period for prospective members of the class — to workers who received permits no earlier than 2017. Applicants however, wanted the class to extend back to 1982 — the year Canada’s Charter of Rights and Freedoms entered into effect. Conte said the final window in which class members can be included will be decided at a later date.

Trending Now

Doritos dye turns mice translucent, researchers find. Are humans next?
Donald Trump subject of apparent assassination attempt at his golf club: FBI

United Nations Report

Last September, a United Nations special rapporteur described Canada’s temporary foreign worker program as a “breeding ground for contemporary forms of slavery.” Tomoya Obokata said after a 14-day visit to Canada that the closed work permit system leaves foreign workers vulnerable “as they cannot report abuses without fear of deportation.”

Conclusion

The class action has garnered support from Quebec’s traditional labour unions like the Confederation of National Trade Unions (CSN) and the Quebec Federation of Labour, which acknowledge that while workers have rights on paper, they live under fear of reprisals because of the power imbalance created by closed permits.