UN report on Canada's temporary foreign workers details the many ways they've been abused
Nick Murray, CBC | CBC News | Posted: August 14, 2024 4:16 PM | Last Updated: August 20
Immigration minister says abuse needs to end but calls comparisons to slavery 'inflammatory'
Wage theft, excessive work hours, limited breaks and physical abuse.
Those are just some of the ways Canada's temporary foreign workers are being mistreated, according to a final report from the United Nations' special rapporteur on contemporary forms of slavery.
Reiterating his previous comments after his visit to Canada last year, special rapporteur Tomoya Obokata called the temporary foreign workers program a "breeding ground for contemporary forms of slavery."
In the final report, Obokata — a professor of international human rights law at the University of York in the U.K. — says he received reports of workers being underpaid and going without protective equipment, and of employers confiscating documents, arbitrarily cutting working hours and preventing workers from seeking health care.
"Women reported sexual harassment, exploitation and abuse," the report says.
"In addition, police have reportedly failed to take complaints seriously, claim that they do not have jurisdiction and report workers to immigration authorities rather than investigating their complaints."
The government defers a significant portion of responsibility for informing temporary foreign workers of their rights to employers, despite the obvious conflict of interest. - Tomoya Obokata, UN special rapporteur on contemporary forms of slavery
Speaking to reporters on Wednesday, Immigration Minister Marc Miller said he objected to the use of the phrase "contemporary slavery" in reference to the temporary foreign worker program.
He still acknowledged the abuses outlined in the report and said they need to stop.
"Any person in Canada, regardless of who they employ, need to treat people with dignity and respect according to the law," Miller said. "That isn't happening in some sectors that employ temporary foreign workers, and that needs to end."
Miller said changes to the program are coming but the government is being careful not to further inflate food prices. The agricultural sector accounts for most temporary foreign work permits.
"We want to make sure as we implement our reforms we aren't affecting food prices, because that's something Canadians don't want to see," he said. "At the same time, they don't want to see people being treated improperly in Canada. In some cases that's occurring and it needs to end."
The number of temporary foreign workers approved to come work in Canada has more than doubled since 2018. Last year, employers were cleared to hire 239,646 temporary foreign workers.
Obokata's report blames the abuse in part on a power imbalance — temporary foreign workers are tied to their employers through so-called "closed work permits" that only allow them to work for the employer who applied to bring them to Canada — and on workers' lack of information about their rights.
"The government does not seem to proactively and effectively inform workers about their rights, apart from publishing information online and providing ad hoc funding to civil society organizations for migrant rights education," the report says, adding employers can prevent workers from seeking help from such organizations.
LISTEN: UN report says temporary foreign workers are being abused in Canada
"The government defers a significant portion of responsibility for informing temporary foreign workers of their rights to employers, despite the obvious conflict of interest. Unlike other newcomers, temporary foreign workers cannot benefit from federal settlement services, which would provide information on their rights and facilitate their ability to participate in public life."
The report says employers argue closed work permits are necessary to allow them to recuperate the cost of recruiting and transporting workers, creating "a de facto debt bondage."
Compliance checks not preventing abuse, advocate says
The UN's report mirrors many of the findings on abuse in a 2022 report from the Migrants Workers Centre in B.C.
"Unfortunately not a lot has changed for the positive in terms of the starting situations of abuse that we hear," said Amanda Aziz, a staff lawyer with the Migrant Workers Centre who authored the 2022 report.
"Workers are often experiencing wage thefts from their employers. We have heard of, I would say even more very egregious and atrocious recruitment fees. These are illegal recruitment fees that are being charged to workers in order to access employment or a job in Canada."
Responding to the UN report, a spokesperson for Labour Minister Randy Boissonnault cited the government's crackdown on non-compliance in the temporary foreign workers program and the number of fines it has issued for non-compliance — $2.1 million last fiscal year.
"Additionally, a total of 12 employers were banned from the program, compared to the previous fiscal year, when seven employers were banned," Mathis Denis said.
But Aziz said that response doesn't line up with the everyday experiences migrant workers face.
WATCH: Canada must respect workers' rights and safety, advocate says
"The compliance is one component of ensuring that employers are abiding by the conditions of employment contracts, but it's not doing anything to prevent abuse in the first place," Aziz said.
"I know that the idea is there are fines and penalties and sanctions against employers in order to try to deter employers from not abiding by conditions and treating workers properly. But it does not seem to be having that impact, given the amount of workers that we see coming through our organization looking for support."
Clarifications:- This story has been updated to accurately reflect a quote by Amanda Aziz about illegal recruitment fees for temporary foreign workers. August 14, 2024 9:41 PM