Quebec’s Superior Court has approved a class-action lawsuit filed by temporary foreign workers against the federal government, challenging employer-specific or “closed” work permits. These permits restrict workers to a single employer, and the lawsuit argues that this violates fundamental rights protected under the Canadian Charter of Rights and Freedoms, including life, liberty, security, and equality.
Justice Silvana Conte ruled that the case could proceed on September 13, 2024. The lawsuit represents foreign workers who were issued closed work permits after the Charter was enacted on April 17, 1982.
The plaintiffs seek financial compensation and a ruling declaring part of the Immigration and Refugee Protection Regulations unconstitutional.
The lead plaintiff, Byron Alfredo Acevedo Tobar, a farm worker from Guatemala, described facing harassment, psychological abuse, lack of training, and underpayment while working under closed permits from 2014 to 2022.
The lawsuit highlights the potential for exploitation that closed permits create, as workers fear losing their jobs and facing deportation if they report mistreatment.
Critics of closed work permits argue that they disproportionately affect migrant workers in low-skilled positions, such as agriculture and caregiving, by tying them to employers.
A Statistics Canada report revealed that in 2019, 10 percent of temporary foreign workers earned less than $7,500 annually.
Lawyers representing the federal government attempted to limit the class action’s scope, arguing that Acevedo Tobar’s experience was not typical and should not represent all workers. The plaintiffs, however, pushed for a broader class, including any foreign worker, and issued a closed permit in 1982. The court will decide the eligibility period for class members later.
This lawsuit has sparked renewed focus on the vulnerabilities of foreign workers under Canada’s Temporary Foreign Worker Program.
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