Modern day slavery?

A July 2024 report from the United Nations has sparked outrage and debate across Canada, accusing the country’s Temporary Foreign Worker Program (TFWP) of fostering conditions akin to “contemporary slavery.” This alarming claim comes as the number of temporary foreign workers in Canada has skyrocketed, raising concerns about the treatment of these workers and the broader impact on the Canadian labour market.

The UN's special rapporteur, Tomoya Obokata, conducted a fact-finding mission and found disturbing reports of abuse and exploitation within Canada’s TFWP. His findings are alarming: workers are being underpaid, deprived of protective equipment, and facing arbitrary reductions in working hours. Some workers even reported having their identification documents confiscated by employers. Women, in particular, revealed instances of sexual harassment, exploitation, and abuse.

The report highlighted that many workers have been prevented from seeking medical help, further exposing their vulnerability.

One of the core criticisms is that temporary foreign workers in Canada are tied to “closed work permits,” meaning they can only work for the employer who brought them into the country. The report argues that this creates a form of de facto debt bondage, as workers are often entirely dependent on their employer for their livelihood and fear deportation if they speak out.

Canada’s mass immigration dilemma

Canada’s Temporary Foreign Worker Program was initially designed to fill gaps in the agricultural sector but, over the years, it has expanded into various other industries including food service, retail, and even administrative roles. According to Employment and Social Development Canada, in 2023 nearly 240,000 temporary foreign worker positions were approved, and while the program has been criticized for years, the UN’s recent report has pushed the issue into the international spotlight.

Under Prime Minister Justin Trudeau’s government, the use of temporary foreign workers has expanded rapidly. While the program provides employers with a cheap source of labour, critics argue that it undermines Canadian workers by driving down wages and making it more difficult for citizens, especially young Canadians, to find work.

 Youth unemployment in Canada has risen sharply, now sitting at 14 percent, up from 10.2 per cent in April 2022, according to Statistics Canada. The influx of temporary foreign workers into jobs once dominated by Canadians has left many young Canadians without opportunities, further deepening frustrations.

The controversy surrounding the TFWP intensified when it was revealed that Liberal MP Sukh Dhaliwal had employed temporary foreign workers as legal assistants in his own personal business. This discovery added fuel to the fire, with critics accusing the government of hypocrisy and exploitation.

The broader problem, however, is not limited to isolated cases like Dhaliwal’s. Across the country, businesses have increasingly turned to temporary foreign workers to fill positions ranging from fast food counter attendants to nurses. This expansion of the TFWP into sectors that previously employed Canadian citizens has contributed to rising unemployment, particularly among younger Canadians.

Temporary foreign worker program

While the term “slavery” may seem extreme, the UN report makes it clear that Canada’s TFWP has significant flaws that need to be addressed. The exploitation and abuse described in the report paint a grim picture of a system that is failing to protect vulnerable workers. The government’s reliance on temporary foreign workers to meet labour shortages, especially in lower-wage jobs, raises ethical questions about the balance between economic needs and the rights of workers.

The UN’s report isn’t the first time the TFW program has come under scrutiny, but it’s one of the most damning assessments to date. The program’s abuses have been likened to modern slavery - and while that term may be controversial, it underscores the urgent need for reform. For many, the report is a wake-up call, revealing the dark side of a program that has long flown under the radar.

The federal government, which oversees the TFWP, must take immediate action to address the concerns raised by the UN. At a minimum, this means ensuring better oversight of employers, improving working conditions for temporary foreign workers, and providing these workers with the same rights and protections as Canadian citizens. More transparency and stricter regulations are necessary to prevent abuses and exploitation.

Additionally, Canada needs to rethink its reliance on temporary foreign workers, particularly in sectors that Canadian workers could fill. The growing youth unemployment rate is a stark reminder that the country’s labour market is not functioning as it should, and the overuse of temporary foreign labour is a contributing factor.

The UN’s report is a damning indictment of Canada’s TFWP. Described as a breeding ground for “contemporary forms of slavery,” the program has exposed a deeply flawed system that allows for the exploitation of vulnerable workers. With rising youth unemployment and mounting international criticism, Canada must act swiftly to reform the TFWP, ensuring that the rights and dignity of all workers - temporary or permanent - are respected.

As the report highlights, Canada’s reputation on the global stage is at stake but, more importantly, the livelihoods and well-being of thousands of workers are on the line. Reforming the TFWP is not just a matter of policy; it’s a matter of justice.

Ronald S. Minken is a senior lawyer and mediator at Minken Employment Lawyers, an employment law boutique in the Greater Toronto Area. Tanya (Tejpreet) Sambi is a lawyer at Minken Employment Lawyers.