Work in Canada
Quebec Court Greenlights Class-Action Against Federal Closed Work Permits
Quebec’s Superior Court has approved a class-action lawsuit targeting the federal government’s use of closed work permits. These permits, which tie temporary foreign workers to a single employer, have been widely criticized for creating exploitative conditions. The lawsuit questions the fairness and constitutionality of these permits and could lead to major reforms in Canada’s immigration system, particularly under the Temporary Foreign Worker Program (TFWP).
What Are Closed Work Permits?
A closed work permit restricts a foreign worker to one employer, limiting their ability to seek new employment without facing a lengthy bureaucratic process. Critics argue that these permits trap workers in abusive situations because they risk losing their jobs and being deported if they report mistreatment. The Quebec court’s decision to allow the lawsuit to move forward signals an important step toward addressing the power imbalance between employers and foreign workers.
Class-Action Lawsuit Details
| Filed By | Association des droits des travailleuses et travailleurs domestiques et agricoles |
| Lead Plaintiff | Byron Alfredo Acevedo Tobar, a farm worker from Guatemala |
| Court Decision Date | September 13, 2024 |
| Main Claims | Closed work permits violate rights under the Canadian Charter of Rights and Freedoms |
| Class Eligibility | Foreign workers issued closed work permits after April 17, 1982 |
| Key Issues | Exploitation, abuse, lack of job mobility |
On September 13, 2024, Justice Silvana Conte ruled that there is an arguable case that employer-specific work permits may violate the Canadian Charter of Rights and Freedoms. The lawsuit could have broad implications, not just for Quebec, but for temporary foreign workers across Canada.
Impact on Quebec Immigration
The Quebec immigration system has always operated somewhat independently within the larger framework of Canadian immigration. However, this lawsuit underscores the growing concerns about the treatment of foreign workers in Quebec. In 2023, the United Nations Special Rapporteur raised similar alarms, describing the Temporary Foreign Worker Program as fostering “contemporary forms of slavery.” Issues such as wage theft, lack of healthcare access, and exploitative working conditions were highlighted as critical problems under the program.
The class action has garnered strong support from major labor unions in Quebec, including the Confédération des syndicats nationaux (CSN) and the Quebec Federation of Labour. These unions have long fought for the rights of foreign workers, arguing that closed work permits create a dangerous imbalance of power. Workers often live in fear of losing their legal status and being deported if they speak out against abusive employers.
The Future of Closed Work Permits in Canada
As the lawsuit moves forward, the Quebec court’s rulings could shape the future of the Temporary Foreign Worker Program in Canada. If successful, this class action could result in substantial changes, offering temporary workers more freedom and protection. While the lawsuit focuses on Quebec, its outcomes could impact policies across the country, potentially shifting how Canada handles its labor needs and protects the rights of its foreign workers. The case has also sparked national discussions about the vulnerabilities of foreign workers and the need to reform the closed work permit system. As the legal proceedings unfold, there’s growing hope that the case will lead to lasting improvements for foreign workers, who have long faced hardships under the current system.
