In his final report, the UN special envoy concludes that the Temporary Foreign Worker Program is a breeding ground for contemporary forms of slavery. Tomoya Obokata points to “the power imbalance” when a worker is tied to a single employer by their work permit.
Visiting in September 2023, the UN Special Rapporteur on contemporary forms of slavery said he was “deeply troubled by the accounts of exploitation and abuse” in his end-of-mission statement.
This time, his findings are recorded in a final report presented by the Human Rights Council to the General Assembly. Dated July 22, it was posted online in the last few days. He insists that this “structural precariousness” should be minimized by offering a path to permanent residence. “This would also reflect the fact that, despite their temporary name, the demand for labor that migration programs meet is permanent,” writes the UN expert.
The paper reflects longstanding criticism of the often-so-called “closed” permit. It creates a context in which “if workers are fired, they can be deported to their home countries,” the report states. Employers have “limited incentives” to ensure they provide decent work, since workers have no “meaningful” alternatives, Obokata notes.
In theory, foreign workers can change employers, in the event of a conflict, abuse or even after being fired. However, they must find another employer on their own and pay the fees for a new permit, in addition to having to survive the long delays required to process this application, which is “unrealistic” according to him.
He also criticises the open permit programme for vulnerable workers as not an “effective solution”. The Duty recently revealed that the delays in obtaining such a permit are such that in the eyes of many workers this lifeline has already sunk.
Workplace inspections are only carried out when there are complaints, after long delays and only virtually in 69% of cases according to official information, the rapporteur also denounces. When inspections are carried out in person, employers are notified in advance, except in 9% of cases, which gives them time to “hide evidence of non-compliance”.
Changes and recommendations
The federal government has already begun to make public some elements of its response to these observations. “Canada disputes some of the assertions,” the federal Immigration Department wrote online last March. The government says it has made “regulatory amendments to establish new requirements for employers.”
Fines imposed on non-compliant employers totaled $2.1 million in 2023-2024, a 36% jump from the previous year. However, several of these financial penalties remain unpaid, as indicated on the official website that lists these regulatory infractions.
Last week, Employment Minister Randy Boissonnault also warned business representatives that he is considering blocking the use of low-wage temporary workers.
Mr. Obokata visited Ottawa, Moncton, Montreal, Toronto and Vancouver to meet with associations, workers themselves, employers, academics and government representatives.