Come, work, leave: Temporary foreign workers in Canada

In November 2007, Alberta Federation of Labour reported on its first six months of assisting temporary foreign workers during their time in Canada. The report, entitled Alberta’s Disposable Workforce, detailed the less than humane conditions of foreign workers who are, in fact, meant to have the same work-related rights as their Canadian counterparts.

For over 40 years, Human Resources and Social Development Canada (HRSDC) organized the Seasonal Agricultural Workers Program to satisfy high demands in agricultural labour, allowing agricultural workers to stay in Canada for up to 8 months. Following a labour shortage in other areas of the job market in 2002, HRSDC extended the ability to work in Canada to those willing to hold “low skilled” jobs as, for example, restaurant line-cooks. Currently, both agricultural and low-skilled workers are being subjected to unfair conditions here in Canada.

Unfortunately many temporary foreign workers, most of whom come from Mexico, Caribbean Islands, Philippines, South Asia and Latin America, are not aware of their rights. Even if they are, many are afraid to “complain” for fear of being fired and sent back to their home country, as their status depends on employment. Because there are few alternative job opportunities for those with a legitimate complaint, temporary foreign workers have no choice but to be deported or keep silent about their poor working conditions.

The problem of dishonest employers is a frequent one and must be assessed by the Canadian government immediately, especially as the foreign worker program continues to grow. Last year, 125,000 temporary foreign workers were employed in Canada, a growth of over 30% since 2003. Most recently, HRSDC permitted low-skilled foreign workers to stay in Canada for up to two years and added a controversial 21 “needy” job sectors to the list of working opportunities. To accommodate this growth, Citizenship and Immigration Canada (CIC) announced in February that two more temporary foreign worker processing units will open in Toronto and Moncton, in addition to those already in Montreal, Calgary and Vancouver.

Some labour unions have recognized temporary workers are being treated unjustly and have begun to take action in various ways.  The Alberta Federation of Labour’s approach has been to propose changes to improve working conditions. They also recommended that the low-skilled worker program be dismissed, arguing that not only are foreign workers being exploited for their willingness to work low wages, Canadian workers are being denied job opportunities.

Other labour unions have begun to hold employers of foreign workers accountable to their contracts, an area in which HRSDC has been unsuccessful. “The Christian Labour Association of Canada (CLAC) works to ensure that temporary foreign workers are treated fairly and correctly under statute,” says Paul de Jong, CLAC Alberta Provincial Director. “Our jobsite stewards actively monitor the workplace practices to ensure the management is compliant with collective agreement decisions.” They have also developed grievance procedures and held various meetings between the union and the foreign worker’s management.

However, there has been obvious opposition to labour union participation. In one case just this month, employers at the Canada Line tunnels under False Creek laid off 12 men and sent them back to Costa Rica before the work was finished. The men attributed their early dismissal to the recent support they received from the Construction and Specialized Workers’ Union. Their employer, SLCP-SELI Joint Venture Group, opposed this support, and had previously asked all foreign workers to sign a petition to prevent the union from representing employee mistreatment complaints.

This is only one of many examples illustrating the punishment and mistreatment temporary foreign workers face when standing up for their rights.

Though the current program is flawed, the Canadian government has implemented several positive solutions to the current foreign worker issues. Budget 2007 allocated $50.5 million towards successfully reducing the processing delays of foreign workers. It is also now easier, with employer assistance, for a low-skilled worker to apply for permanent immigration into Canada.

Amidst all of the factors in this complicated issue, Canada must acknowledge temporary foreign workers as people with inherent value and not merely as economic commodities. If Canada needs a larger working population, as many claim, why are we inviting foreign workers to Canada for two years and sending them away? Those re-applying are easily turned down in favor of lower-paid, first-time applicants. Can we truly attest to seeing a foreign worker’s worth as a person when we are expanding a system that thrives on a high-turnover rate while threats of deportation are frequently used to hide unjust treatment?

The government should be more visible in ensuring public justice for Canada’s temporary foreign workers. Their conditions should be more thoroughly monitored to ensure that employees and employers are upholding their contracts. Also, priority should be given to educating temporary workers about their rights within this country so that they can be fully aware of how they should be treated.

The heart of a country can be seen by how its government and society treat its most vulnerable people. We should be more accommodating to those we invite to Canada, ensuring that they will be justly treated, and prove ourselves worthy of this promise.