Quebec approves class action lawsuit against closed work permits for temporary foreign workers

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The Quebec Superior Court has given the green light to a class-action lawsuit brought by temporary foreign workers against the federal government. The lawsuit challenges work permits that limit workers to a single employer.

The lawsuit, filed in 2023 by the Montreal-based Association des droits des travailleuses et travailleurs domestiques et agricoles, alleges that the “closed” work permits violate fundamental rights in the Canadian Charter of Rights and Freedoms, including the rights to life, liberty, security and equality.

On September 13, 2024, Judge Silvana Conte ruled that the class action could proceed. The class action consists of foreign workers who were granted employer-specific work permits in Canada after April 17, 1982, the day the Charter was proclaimed.

“The court considers that at this preliminary stage there is a defensible case that the measures to bind the employer are ‘clearly unconstitutional’, potentially giving rise to a Charter-based claim for damages,” Judge Conte wrote in her decision.

The plaintiffs are seeking financial compensation and a ruling that certain parts of the Immigration and Refugee Protection Regulations are unconstitutional.

What happened?

  • The Quebec Superior Court has approved a class action lawsuit against closed work permits, which the court says violate rights under the Canadian Charter of Rights and Freedoms.
  • The lawsuit, filed by a labor association, alleges that employer-specific permits expose temporary foreign workers to abuse and exploitation.
  • The federal government is contesting the case, arguing that it does not represent the majority of workers, while plaintiffs are insisting that permits issued since 1982 also be taken into account.
  • The lawsuit has drawn renewed attention to the vulnerability of migrant workers, with critics calling the system a breeding ground for modern slavery.

Allegations of abuse

The lead plaintiff in the case, Byron Alfredo Acevedo Tobar, a farm worker from Guatemala, described being abused while working under closed permits between 2014 and 2022. He worked for three different employers during that time and reported psychological abuse, intimidation, overwork, lack of proper training, inadequate equipment and underpayment.

The closed permits are issued primarily to migrant workers in low-skilled jobs, including agriculture and caregiving. Workers are tied to specific employers and risk deportation if they are fired. Critics argue that being tied to employers exposes workers to exploitation, and that these workers are less likely to report abuse for fear of losing their jobs and being deported.

According to a Statistics Canada report released in May, one in 10 temporary foreign workers earned less than $7,500 per year in 2019.

Government response

Attorneys representing the federal government argued that Acevedo Tobar’s experience was not typical and that he should not represent the broader group of workers in the class action. They sought to limit the scope of the lawsuit to workers in the agriculture and health care sectors and to restrict the class to workers who were licensed no earlier than 2017.

However, the claimants insisted that the class should also include all foreign workers who had been granted a closed permit after the Charter was introduced in 1982. Judge Conte stated that the period during which the members of the class would be eligible would be determined later.

Concerns about the program

The lawsuit has drawn renewed attention to the vulnerabilities of foreign workers under Canada’s temporary foreign worker program. United Nations special rapporteur Tomoya Obokata raised concerns about the program in 2023, calling it a “breeding ground for contemporary forms of slavery.”

Obokata noted that the closed permit system discourages workers from reporting abuses such as wage theft, lack of access to health care, long working hours and inadequate personal protective equipment due to fear of deportation. These concerns were echoed in a report Obokata published in August 2024, which also cited cases of sexual harassment, physical and emotional abuse and exploitation.

Between 2019 and 2023, the number of permits issued under the program rose by 88 percent, leading to increased scrutiny. Ottawa recently announced plans to reduce the number of temporary foreign workers in response to growing criticism of the system’s structure.

Issues affecting temporary foreign workers have long been discussed. Between October 2020 and December 2020, the government held consultations with stakeholders including public health agencies, migrant worker support organizations, unions, employers, and provincial governments on how partners could work together to improve the federal minimum requirements for employer-provided accommodations.

The government has committed to reviewing and considering the ideas and experiences shared during the consultations, and to developing proposed changes to the TFW programme. These changes are aimed at addressing the most pressing health and safety concerns raised during the session.

Support for trade unions

The class action is being supported by Quebec’s main labour organizations, including the Confédération des syndicats nationaux (CSN) and the Quebec Federation of Labour. These unions have long advocated for the rights of temporary foreign workers, arguing that despite legal protections on paper, workers face a power imbalance under closed permits and live in constant fear of retaliation.

Immigration, Refugees and Citizenship Canada (IRCC) said on September 15, 2024, that it could not comment on the case as it is before the courts. The attorney general’s office now has 30 days to decide whether to appeal the court’s decision.

The class-action lawsuit against closed work permits highlights the systemic vulnerabilities faced by temporary foreign workers in Canada and raises questions about the balance between labour needs and human rights protections. The Supreme Court’s permission to allow the case to proceed raises crucial questions about workers’ rights, potential exploitation, and the implications of tying workers to specific employers under the Temporary Foreign Worker Program.

FAQ: Class Action in Quebec Against Closed Work Permits

1. What is the Quebec class action lawsuit about?

The lawsuit challenges the legality of closed work permits issued to temporary foreign workers in Canada. These permits tie workers to a single employer, which critics say leaves them vulnerable to exploitation. The class action, initiated by the Association des droits des travailleuses et travailleurs domestiques et agricoles, seeks financial compensation and alleges that such permits violate rights enshrined in the Canadian Charter of Rights and Freedoms.

2. What are ‘closed’ work permits and why are they controversial?

Closed work permits restrict foreign workers to a specific employer, making it difficult for them to change jobs without risking deportation. Critics say the system encourages abuse and exploitation, as workers are less likely to report mistreatment for fear of losing their jobs and legal status. The permits are particularly common in low-skilled sectors, such as agriculture and healthcare, where workers face power imbalances.

3. Who is leading the lawsuit and what are their claims?

The lead plaintiff, Byron Alfredo Acevedo Tobar, is a Guatemalan farmworker who endured abuse under closed permits between 2014 and 2022. He reported harassment, underpayment, overwork, and lack of proper training. The lawsuit argues that closed work permits violate fundamental rights, and Tobar’s case is used to demonstrate how these permits expose workers to exploitation, even as the federal government disputes the broader applicability of his experience.

4. How has the federal government responded to the class action?

The federal government argues that Tobar’s case does not represent the experiences of most temporary foreign workers. They sought to limit the scope of the class action to agricultural and healthcare workers who were issued closed permits after 2017. However, the plaintiffs want the class action to include all workers who have been issued closed permits since 1982, when the Canadian Charter of Rights and Freedoms went into effect. The court has not yet ruled on the scope.

5. What are the broader implications of this lawsuit for the Temporary Foreign Worker Program?

The class action has highlighted concerns about the systemic vulnerabilities faced by temporary foreign workers in Canada. Critics, including international organizations such as the UN, argue that the closed permit system contributes to modern forms of slavery by discouraging workers from reporting abuse. The case’s progress raises important questions about balancing labour needs with human rights protections and could lead to changes in the way the Temporary Foreign Worker Program is regulated.

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