Temporary foreign worker programs, restrictions of rights and freedoms
and systemic abuses: policy alternatives deserving serious
consideration
Temporary foreign worker programs, restrictions of rights and freedoms
and systemic abuses: policy alternatives deserving serious
consideration
Eugénie Depatie-Pelletier
Law - University of Montréal
Interuniversity Research Center on Globalization and Work
REDTAC-(Im)migration/CÉRIUM
Eugénie Depatie-Pelletier
Law - University of Montréal
Interuniversity Research Center on Globalization and Work
REDTAC-(Im)migration/CÉRIUM
11th Canadian Metropolis ConferenceCalgary, March 20 2009
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
1. Temporary foreign worker programs
2. Administrative restrictions
3. Restrictions of rights and freedoms
4. Policy alternatives
1. Temporary foreign worker programs
2. Administrative restrictions
3. Restrictions of rights and freedoms
4. Policy alternatives
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
1. Temporary foreign worker programs1. Temporary foreign worker programs
1.1 Programs without work permit
1.2 Programs with open or semi-open work permits
1.3 Programs with employer-tied permits
1.1 Programs without work permit1.1 Programs without work permit
Section of IRPA Regs. and special programs1 R186(a) and R187—Business visitor
2 R186(b)—Foreign government representatives
3 R186(c)—Family members of foreign government representatives
4 R186(d)—Members of the armed forces
5 R186(e)— Foreign government employees
6 R186(f)—On-campus employment
7 R186(g)—Performing artists
8 R186(h)—Athletes and trainers
9 R186(i)—Press correspondents and journalists
10 R186(j)—Speakers
11 R186(k)—Convention organizers
12 R186(l)—Members of the clergy
16 R186(m)—Judges and arbitrators
13 R186(n)—Examiners and evaluators
14 R186(o)—Expert witnesses and investigators
15 R186(p)—Health care students
16 R186(q)—Civil aviation inspectors
17 R186(r)—Aviation accident or incident investigators
18 R186(s)—Crew members
19 R186(t)—Emergency status
20 R186(u)—Implied status
1.2 Programs with open or semi-open work permits1.2 Programs with open or semi-open work permits
Work permit type
Qualifications visées
Program category
CIC code
Foreign worker category visés
"Open" work permit
Foreign workers without particular skills
Immigration or protection applicants already in Canada
S61 Refugee claimants 1
A 70 Regularization – spousal grounds 2
Regularization – humanitarian grounds 3
Workers – Live-in caregivers 4
Refugees awaiting permanent residence 5
Other residents with temporary status
C25 Foreign students – off-campus 6
C43 Foreign students – post-graduate employment 7
H81 "Destitute" ( ?-déchu) students 8
S62 Persons without status (moratorium on deportation) 9
H82 Others (Holders of a temporary resident permit of at least 6 months) 10
C41 Spouses of foreign workers 0,A,B 11
C42 Spouses of foreign students 12
international agreements
C 21 Unskilled Foreign workers (18-35 years old) - selected countries 13
Semi-openWork permit
14
C50 Employees of religious or charitable non-profit organizations 15
Programs for businesspeople and/or skilled workers
C20 Position under a reciprocal agreement 16
C22 Teachers (exchange) and invited speakers 17
T10 International agreements 18
T21 NAFTA/CCFTA negotiators 19
T22 NAFTA/CCFTA investors 20
T23 NAFTA/CCFTA professionals 21
T24 NAFTA/CCFTA intra-company transfers 22
T33 GATS professionals 23
CIC initiatives
C12 intra-company transfers 24
C13 emergency repairs (?-réparations d'urgence) 25
C10 Canadian interests – important advantage 26
C11 entrepreneurs 27
C30 research, teaching or training 28
C44 Post-doctoral fellows and subsidized researchers (?-chercheurs bénéficiaires de subventions) 29
1.3 Programs with employer-tied permits1.3 Programs with employer-tied permits
Level of competence associated with the foreign worker position
FWP integration regime
0,A,B (managers, professionals and skill trades)
With HRSDC-CIC work permit linked to a specific employer
1
C,D (« low-skilled » workers) Workers in live-in caregiver positions (LCP)
2
Workers in C or D positions in the agricultural/food industry sector from Mexico, Jamaica, Barbados, Trinidad & Tobago, or a member of the OECS (SAWP)
3
Workers in a C or D position (other than participants in LCP or SAWP)
4
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
1. Temporary foreign worker programs1. Temporary foreign worker programs
Admissions in Canada of Foreign Workers under Temporary Work Permit, by Skill Level (1997-2006)
0
10 000
20 000
30 000
40 000
50 000
60 000
1996 1998 2000 2002 2004 2006 2008
Foreign Workers -Management/Business (0)
Foreign Workers -Professionals (A)
Foreign Workers - TechnicalTrades (B)
Foreign Workers - Low-skilled(C/D)
Foreign Workers - No specificskills (open work permit)
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
2. Administrative restrictions2. Administrative restrictions
1 Interdiction to work for another employer
2 Obligation to live with his/her employer
3 Interdiction to freely change status in Canada (transition to permanent status)
2. Administrative restrictions2. Administrative restrictionsIF UNDER WORK PERMIT
1. No access to integration programs2. No pro-active monitoring of employers and agencies (most provinces)--> Authorized in sector where collective bargaining is illegal--> Authorized in sector not covered by worker’s compensation
IF UNDER EMPLOYER-TIED WORK PERMIT:3. No right to work for another employer
IF UNDER EMPLOYER-TIED LOW-SKILLED WORK PERMIT:4. No right to ask freely for permanent status5. Obligation to live on the employer’s property6. No right come with spouse and children
2. Administrative restrictions2. Administrative restrictions
3. No right to work for another employer+4. No right to ask freely for permanent status
= IF FIRED:
- No right to work- Risk of deportation (No access to impartial hearing)- Risk of loosing access to permanent status- No acces to healthcare- No access to worker’s compensations - No access to legal aid- No acces to social security AND/OR- No access to EI (?)
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
2. Administrative restrictions2. Administrative restrictions
3. Interdiction to work for another employer
4. Obligation to live with his/her employer
5. Interdiction to freely change status in Canada (transition to permanent status)
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
2. Administrative restrictions
N.B. According to the U.N. Convention against “practices similar to slavery”
IF(1) Bound by law to labour for another person (2) Bound by law to live on the property of that
person AND(3) Not free to change his legal status
THENThe person is under a “servile status” similar to the status of slave
2. Administrative restrictions
N.B. According to the U.N. Convention against “practices similar to slavery”
IF(1) Bound by law to labour for another person (2) Bound by law to live on the property of that
person AND(3) Not free to change his legal status
THENThe person is under a “servile status” similar to the status of slave
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
2. Administrative restrictionsCanada's residents under temporary status: Canada's residents under temporary status:
new admissions in 2006 and administrative restrictionsnew admissions in 2006 and administrative restrictions
2. Administrative restrictionsCanada's residents under temporary status: Canada's residents under temporary status:
new admissions in 2006 and administrative restrictionsnew admissions in 2006 and administrative restrictionsAuthorized to work without a work permit
Authorized to get a work permit without HRSDC job offer validation (open or semi-open work permit)
Authorized to get an employer-tied work permit if in possession of an HRSDC job offer validation
«Low-skilled» worker hired by an employer of foreign origin
«low skilled»/skilled unspecified – granted an open work permit
Granted an employer-restricted work permit
Granted an employer-restricted work permit with live-in restrictions
«Low skilled» workers hired by a Canadian employer
«High skilled’ workers and students on campus
Other «low-skilled» workers
Domestic workers
Foreign students outside campus
Asylum seekers and other temporary residents
Spouses of «high skilled» workers or students
«Low-skilled» workers from Europe, USA, Australia, etc.
Selection of «high skilled» workers granted a «quasi-open» work permit
«High skilled» workers Workers
FWP-LS Workers SAWP
Workers LCP
Statistics not available 61 703 93 695 34 381 40 804 37 472
1 Yes No No No Yes Yes Yes Yes No No No No
2 Yes (No) No Yes Yes Yes Yes Yes Yes (No) No No
3 (Yes) No No (Yes) (Yes) No No Yes Yes No No No
3. Restrictions of rights and freedoms3. Restrictions of rights and freedomsAdministrative restrictions
Documented cases Charter’s rights and freedoms restricted (Quebec’s Charter)
Interdiction to work for another employer
- No complain of the denial to go to the hospital- deportation in case of unionization
art.7 : right to liberty and security of the person
art. 2 freedom of association
(art. 4 : right to dignity)
Obligation to live in a residence of the choice of the employer
-No complain of the denial of the right to have visitors
- No complain of the denial of the right to leave the employer’s house
- Deportation after having slpet in the house of a community worker
art.7 : right to liberty and security of the person (art. 1)
art. 2 freedom of association
(art. 2 : right to emergency help)
(art. 4 : right to dignity)
(art. 5 : right to privacy)
(art. 6-8 : right to a private residence)
No free access to permanent settlement
-No complain in case of sexual abuses
- Fear of not being sponsored by employer if joining a union
art.7 : right to liberty and security of the person
art. 2 freedom of association
(art. 4 : right to dignity)
3. Restrictions of rights and freedoms3. Restrictions of rights and freedomsAdministrative restrictions
Charter’s rights and freedoms restricted (Quebec’s Charter)
Basis of restriction of the Charter’s right to equality (Quebec’s Charter)
Interdiction to work for another employer
art.7 : right to liberty and security of the person
art. 15 : discrimination based on national origin
Ex: Nannies from Franceart. 2 freedom of association
(art. 4 : right to dignity)
Obligation to live in a residence of the choice of the employer
art.7 : right to liberty and security of the person (art. 1)
art. 15 : discrimination based on national origin
Ex: Agricultural workers from Australia
art. 2 freedom of association
(art. 2 : right to emergency help)
(art. 4 : right to dignity)
(art. 5 : right to privacy)
(art. 6-8 : right to a private residence)
No free access to permanent settlement
art.7 : right to liberty and security of the person
(art.10 discrimination based on social status)
art. 2 freedom of association
(art. 4 : right to dignity)
3. Restrictions of rights and freedoms
« NOT SUCH A WARM WELCOME: MIGRANT WORKERS POURING INTO CANADA
ARE OFTEN EXPLOITED »
3. Restrictions of rights and freedoms
« NOT SUCH A WARM WELCOME: MIGRANT WORKERS POURING INTO CANADA
ARE OFTEN EXPLOITED »
The Economist – Nov 22, 2007
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
Temporary foreign worker programs, discrimination in the recognition of rights and freedoms and systemic abuses:
policy alternatives deserving serious consideration
4. Policy alternatives
Toward occupation-tied work permits ?
Toward autonomous access to permanent status for all workers admitted for employment in a sector caracterized by a labour shortage - whatever the skill level associated with the occupation?
4. Policy alternatives
Toward occupation-tied work permits ?
Toward autonomous access to permanent status for all workers admitted for employment in a sector caracterized by a labour shortage - whatever the skill level associated with the occupation?
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