Montreal, July 20, 2023. With the ever-increasing use of the Temporary Foreign Worker Program, which fails to guarantee the rights of these workers, abuses and violence against them are multiplying. Five migrant workers, victims of human trafficking, contacted the Immigrant Workers Center (IWC) and decided to testify to their experiences and to denounce the shortcomings of protection measures for migrant workers in vulnerable situations.
Fraud, forced labour and threats: the experiences of five workers
First, four workers, two of Mexican origin and two of Honduran origin, arrived in Quebec through the Temporary Foreign Worker Program to work in a Montérégie plant as welders during 2021 and 2022. All four faced unimaginable abuse and violence. The following is a summary of their experiences:
-Forced to perform work different from what is listed in the employment contract: Although they had been recruited as welders, their employer demanded they perform tasks of construction labourers on building sites in the commercial sector. When they refused to perform these tasks, the employer threatened them with a pay cut.
-Manipulation of wages: After paying the workers a wage of $23 per hour, the employer obliged the workers to reimburse him part of their wages in cash. As a result, the wages actually received were around $10 per hour, a third below the minimum wage.
-Recruitment fees: The employer charged the workers recruitment fees, ranging from $5,000 up to $23,314, which is prohibited by Quebec’s Act respecting labour standards and Canada’s Immigration and Refugee Protection Regulations.
-Harassment and threats: The employer repeatedly threatened the workers with the confiscation of their work permits and deportation, and insulted and intimidated them on a daily basis. After they left the job to escape violence, he sued them in civil court for the economic damage allegedly caused by the breach of contract, and even stalked some of the workers by car.
The situation is all the more worrying as these workers came to Quebec with their family members.
In June 2023, a fifth worker of Honduran origin arrived. At Montreal airport, the immigration officer told him that his work permit application was no longer valid, so he entered Quebec with visitor status. Before his departure, the employer had asked that his brother-in-law, one of the four workers mentioned above, pay for his recruitment, but he refused. After arriving in Quebec, the new worker was invoiced $4,465 for recruitment costs by the employer, who had cancelled his employment.
Widespread abuse and violence against migrant workers
In the context of the growing number of people entering Canada with precarious immigration status, the IWC has seen an increasing number of cases of abusive practices such as fraud, physical and verbal violence, and everyday threats. People holding a work permit associated with a single employer, known as a closed permit, are particularly exposed to abuse and violence, due to their dependence on the employer, and the restrictions associated with their permit.
Shortcomings of the Canadian and Quebec governments’ protection measures
The supposed protective measures put in place by the federal and Quebec governments fail to provide real protection for migrant workers. For example, the Open Work Permit for Vulnerable Workers does not provide a sufficient safeguard for victims of abuse. The process of applying for this permit is too complicated, placing the burden of proof on the shoulders of vulnerable workers; the permit’s validity is limited to one year, forcing them to search for a new employer willing to provide them with a closed permit. As for the Temporary Residence Permit, granted to victims of human trafficking, the process of obtaining it is even more complicated, and the fact that the Canada Border Services Agency (CBSA), which has the authority to detain and deport certain migrants, is directly involved in processing the application raises concerns for people with precarious migratory status. Being recognized as a victim under the criminal code or labour laws does not protect migrants from deportation or territorial interdiction, nor from other decision taken on the basis of the Immigration and Refugee Protection Act.
Demands
The Immigrant Workers Centre is calling on the governments of Canada and Quebec to take immediate action to protect the five workers who are still at risk. But beyond this case, we need to improve the safety net for migrant workers in vulnerable situations, notably by guaranteeing their immigration status. At the same time, we need to strengthen sanctions and supervision of the practices of employers and middlemen, especially recruiters, who violate the rights of migrant workers. Finally, we need to overhaul the entire immigration system, which is increasingly geared to temporary migration, and abolish the closed work permit, i.e., those associated with a single employer.
Quotes
“I paid about $14,786.64 for immigration proceedings and a car that the owner forced me to buy for my travels. The owner demanded that I pay him as soon as possible for the immigration paperwork, and told me that if I didn’t, he would cancel my work permit and deport me back to my country. So my daughter (Anayanci) had to go to work to help me pay the money the employer was demanding from me. My daughter worked Monday to Sunday from 3am to 3pm and missed school to help me pay the money they were forcing me to pay. As a result, my daughter received a poor report card due to her numerous absences.”
-Daniel Morales (one of the five migrant workers)
“It is unacceptable that workers who are victims of abusive practices and trafficking have to wait more than five months for a work permit. This Temporary Foreign Worker Program, which is based on exploitation and vulnerability, is a breeding ground for practices that go beyond the simple violation of labor rights, and opens the way to human trafficking.”
–Viviana Medina (IWC community organizer)
For further information, contact:
Viviana Corole Medina (CTTI) – 438 507-2566, info@iwc-cti.ca
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