Recently, Canada has faced criticism from the United Nations for its temporary foreign worker (TFW) program, which has been described as “breeding slavery.” A federal report titled “Positive Labour Market Impact Assessment” revealed that Canada approved over 196,000 TFW positions in the past year, marking a significant increase of 78% from 2021 and 71% from 2019.
In the first quarter of 2023, Canadian companies hired approximately 60,000 temporary foreign workers, a staggering 75% increase compared to the same period last year. These numbers have only further fueled the ongoing debate surrounding Canada’s unaffordable housing market and the challenges faced by migrant workers in accessing adequate accommodation.
One troubling incident that has garnered attention occurred when a Tim Hortons franchise owner attempted to evict senior citizens from their apartments to make room for temporary foreign workers. This incident highlights the pressing concerns surrounding the treatment and welfare of migrant workers in Canada.
In response to the growing demand for labor in various sectors, the federal government has expanded the TFW program, allowing companies in the food service and accommodation industry to temporarily hire migrant workers for 30% of their positions, which can span 270 days instead of the previous 120-day limit. Non-seasonal companies, on the other hand, are capped at 20% of their workforce consisting of temporary foreign workers.
Despite arguments in favor of the TFW program as a means to address labor shortages, UN special rapporteur Tomoya Obokata, after spending two weeks in Canada, voiced concerns about the exploitation and abuse faced by migrant workers. He described the agricultural and low-wage streams of the program as a breeding ground for contemporary forms of slavery. Obokata received complaints from workers about excessive work hours, lack of access to overtime pay or healthcare, and living in crowded and unsanitary conditions.
Furthermore, he highlighted the dependency relationship between employers and employees, which leaves the latter vulnerable to exploitation. Migrant workers often hesitate to report abuse or change employers out of fear of losing their work permits. Obokata called on the Canadian government to grant work permits that allow TFWs to switch employers freely, and even suggested the possibility of a pathway to permanent residency for these workers.
In response to Obokata’s claims, an Immigration Canada spokesperson stated that migrant workers are able to change employers by applying for an interim work permit, with a response expected within 10 to 15 days. While Immigration Canada issues work permits, the program itself is administered by Employment and Social Development Canada (ESDC). The ESDC carries out random inspections to ensure employers are following the program’s rules and regulations.
However, Obokata argued that these inspections are infrequent and, in some cases, conducted via telephone. He emphasized the need for more thorough and regular inspections to ensure the well-being and rights of temporary foreign workers. Ultimately, he called for reforms that would grant TFWs greater freedom in choosing their employers, potentially leading to a pathway to permanent residency.
The report’s findings and the UN’s criticism of Canada’s TFW program have brought the issue of migrant worker rights and labor exploitation to the forefront. It highlights the urgent need for improved regulations, better working conditions, and increased protection for temporary foreign workers in Canada.
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