Temporary Foreign Workers Merit Permanent Residency, Not Threats!While it has abandoned its international humanitarian commitments by denying access to asylum seekers crossing irregularly into Canada, the Trudeau Liberal government has exempted temporary foreign workers from restrictions at its borders, but threatens to use police powers against them.
Over the years, countries with low levels of economic development and social stability have been the main sources of temporary foreign workers in the federal government's Live-In Caregiver Program, Seasonal Agricultural Worker Program, and the Low-Skill Pilot. In all these programs, foreign temporary workers have had a high tendency to stay longer or come back after leaving for a few months,[2] as the jobs they perform are recurring. In the context of the COVID-19 pandemic, a letter dated April 1, 2020, signed by federal Health Minister Patty Hajdu and Employment Minister Carla Qualtrough, addressed to the employers of these workers, describes the measures the government has taken to facilitate their access "to this important labour supply, in recognition of the vital role these workers play in supporting food security and other industries critical to the Canadian economy." The ministers justify the government's threats against these workers as "doing whatever it takes to protect the health and safety of Canadians during this unprecedented public health crisis."[3] Absent here is any expression or concern for the health and safety of these workers. Considering temporary foreign workers first and foremost a commodity, the letter informs employers of the "obligations that will be imposed on temporary foreign workers arriving in Canada pursuant to the Emergency Order PC number 2020-0175 made under section 58 of the Quarantine Act." It continues: "Further, a person who causes a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this Act or the regulations could be liable for a fine of up to $1,000,000 or to imprisonment of up to three years, or to both. We are also assessing options for penalties for employers of foreign nationals under other regulatory regimes, such as the Immigration and Refugee Protection Regulations, given the severity of our concern for the health of Canadians."[4] "It is important that you know that penalties of up to $750,000 can be levied against a temporary foreign worker for non-compliance with an Emergency Order made under the Quarantine Act," the ministers state. The letter notifies employers that: "Temporary Foreign Workers arriving by air will undergo mandatory health checks prior to boarding and an assessment upon arrival in Canada. If your employee has symptoms before boarding, they will not be permitted to travel to Canada. "If they have symptoms upon arrival, they will be placed in quarantine at the point of entry or be sent to the hospital depending on the severity of condition. Once they have recovered, their admissibility will be assessed and, if applicable, they may be permitted to travel onwards to their employment. "If they do not have symptoms upon arrival (referred to as asymptomatic) and meet the entry requirements, they will be permitted to travel onwards in a private vehicle to their housing where they must self-isolate for 14 days. "If they become symptomatic following arrival at their Canadian residence, they must be isolated from others and local public health should be contacted immediately for direction. Your local public health authority will provide advice for the individual as well as any close contacts. This obligation continues following the end of the mandatory self-isolation period." The letter concludes, "Employers are responsible for monitoring the health of employees and reporting to local health authorities anyone who becomes symptomatic. This includes temporary foreign workers as well as others that you may employ." Many of the jobs that temporary foreign workers are hired for, including providing care, working on farms and in fields as well as in meat-packing plants, have very few takers on the domestic market because of poor wages and untenable working conditions. Temporary foreign workers often accept these jobs in the hope of being able to permanently settle here to secure a better future for themselves and their families. Yet governments in Canada of various stripes continually change the rules of the game, depriving them of that right.
Governments in Canada are responsible for keeping these workers in a vulnerable position and open to abuse, by refusing to abolish their temporary status. So long as their rights are deprived of a guarantee, their dignity as workers is also denied and their precarious status maintained. Governments must be held accountable for the conditions these workers are forced to endure. The "vital role these workers play in supporting food security and other industries critical to the Canadian economy" merits due compensation, beginning with permanent residency status, if these workers and their families so desire. They deserve nothing less! Note1. Statistics Canada, Temporary Foreign Workers in the Canadian Labour Force: Open Versus Employer-specific Work Permits, Table 1. 2. How Temporary Were Canada's Temporary Foreign Workers?, Statistics Canada, January 29, 2018. 3. Letter from Ministers to employers -- Temporary Foreign Workers -- COVID-19, April 1, 2020. 4. Emergency Order PC number 2020-0175 made under section 58 of the Quarantine Act.
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In
2016 a total of 613,200 work permits were issued
by the
federal government to temporary foreign workers,
in all its programs
combined. Of that number, 129,000 went to workers
in the following four
programs: 25,700 to those in the "Humanitarian and
Compassionate"
program, 3,700 to those in the
"Other OWP [Open Work Permit]" program,
77,800 to the
"Low-skill
ESWP [Employer-Specific Work Permit] program and
21,800 to the
"Multiple type work permit holders, or holders of
an
employer-specific work permit without an
identified skill level."[
These
same governments present the situation faced by
temporary foreign
workers as one governed by rules and claim they
are covered by
federal and provincial minimum labour standards,
that they have
access to many social programs and public
services, as well as a
path to permanent residence. However, the
objective conditions of
servitude under which they work are left to the
dictate of the
employer. Repeatedly, their rights are subject to
abuse,
including their fundamental right to collectively
organize in
defence of their rights which is compromised by
the threat of being
returned to their home country.