Access to Justice for Migrant Workers in BC - West Coast Domestic ...

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Part Three links the research findings to problems identified in Part Two. This section discusses the common problems migrant workers in the TFWP encounter including immigration issues, employment standards and workers’ rights issues, the impact on family life, and access to service challenges. The personal stories of temporary migrant workers under the program are included to support research findings. In Part Four we present our research conclusions and argue for a series of measures and changes to legislation and employment standards enforcement to enhance protections for migrant workers. In particular, we recommend that BC adopt similar standards to Manitoba to regulate recruitment agencies and that employment standards monitoring and enforcement should be strengthened. We also argue that the tied work permit system for ‘lower skilled’ workers and the lack of access to, or length of time waiting for, permanent residence for people in certain migration streams exacerbate vulnerability and leads to employment abuse, and as such should be replaced with a system that promotes equal access to permanent status. Better access to information should also be available for migrant workers to ensure they are aware of their employment and immigration rights. The government should also protect workers’ rights to association and unionization. The common theme running though the recommendations is the need of the federal and provincial authorities as well as employers to recognize the significant contribution these workers make to the Canadian economy and that the work they provide is not ‘low/lower skilled’ but in fact often requires important skills and experience. 7
PART ONE The Global Shift Toward Temporary Foreign Workers Since the turn of the century, Canada has moved increasingly to an immigration model that prioritizes the import of temporary foreign workers. In doing so, it is mirroring the trend that has developed globally. 2 Many countries are heavily dependent on the import of temporary labour. Indeed, there has been a dramatic growth in temporary worker programs globally, particularly in Organization for Economic Co-operation and Development (OECD) countries. 3 About 2.5 million temporary workers entered OECD countries in 2006, which was roughly three times the number of workers who entered on a permanent basis. 4 Temporary migration of foreign workers, into OECD countries, has increased by 4% to 5% per year since 2000. 5 Related to this trend has been a shift toward migration policy driven by employer requests or job offers as opposed to government macro-policy. Derrick Thomas, editor of a 2010 Statistics Canada report, has noted the appeal of temporary migrant worker programs to governments. Such programs give governments the flexibility and allow them to minimize costs. As Thomas states, “Temporary worker programs are attractive because they enable countries to quickly address labour market needs in an expanding economy without the increased costs associated with maintaining unemployed workers during a downturn - the costs associated with social and economic integration are also reduced.” 6 Canada’s migration trends have mirrored the global phenomenon highlighted by the OECD’s figures. The influx of temporary foreign workers entering Canada has increased dramatically since 2006. 7 Government policy clearly outlines this approach through the 2007 budget document which stated, “it is our government’s intention to create the best 2 Karl Flecker, “Building a Disposable Workforce Through Temporary Migration Policy,” Canadian Issues Spring (2010): 101, http:// search.proquest.com.ezproxy.library.ubc.ca/docview/610780614accountid=14656. 3 OEDC members: Australia, Austria, Belgium, Canada, Chile Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United States. 4 Karl Flecker, “Building a Disposable Workforce Through Temporary Migration Policy,” Canadian Issues Spring (2010): 101, http:// search.proquest.com.ezproxy.library.ubc.ca/docview/610780614accountid=14656. 5 Manolo Abella, “Policies and Best Practices for Management of Temporary Migration,” Population Division, Department of Economic and Social Affairs, United Nations Secretariat. (2006): 8 http://cronus.uwindsor.ca/units/socialjustice/main.nsf/ 982f0e5f06b5c9a285256d6e006cff78/a9fee0f9ae7e1026852573d40063d1e5/$FILE/TempMigration.pdf. 6 Canada. Statistics Canada. Foreign Nationals Working Temporarily in Canada. Edited by Derrick Thomas. (Ottawa, Ont.), 2010. Modified 2010.06.08 http://www.statcan.gc.ca/pub/11-008-x/2010002/article/11166-eng.htm. 7 Karl Flecker, “Building a Disposable Workforce Through Temporary Migration Policy,” Canadian Issues Spring (2010): 101, http:// search.proquest.com.ezproxy.library.ubc.ca/docview/610780614accountid=14656. 8
Page 3 and 4: Access to Justice for Migrant Worke
Page 5 and 6: Contents Acknowledgements .........
Page 7 and 8: Acronyms AWA BC BCGEU BC ESA ESB CB
Page 9: Data Collection The researchers col
Page 13 and 14: This was the first of a series of p
Page 15 and 16: accommodation arrangements, hours o
Page 17 and 18: Other Migrant Worker Schemes In add
Page 19 and 20: which is dependent upon work locati
Page 21 and 22: PART TWO Literature Review and Anal
Page 23 and 24: In addition to decreasing standards
Page 25 and 26: temporary migrant workers are subje
Page 27 and 28: PART THREE Abuse and Denial of Righ
Page 29 and 30: Illegal Recruitment Fees and Other
Page 31 and 32: country have forced them to return
Page 33 and 34: employers argued that the rise in m
Page 35 and 36: permanent residence. One caregiver
Page 37 and 38: with their immigration status and w
Page 39 and 40: econstituted family struggles to ad
Page 41 and 42: Income assessment creates several b
Page 43 and 44: system of both employers and recrui
Page 45 and 46: employment standards. Migrant worke

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