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

Data Collection
The researchers collected data through a variety of methods. An analysis of current
research and reporting about the TFWP was conducted to help construct a framework for
the research and to allow for the triangulation of WCDWA’s findings with other sources.
Three focus groups were held with temporary foreign workers with a researcher introducing
the various topics for discussion then allowing the participants to discuss issues broadly
within the framework and to contribute personal examples and testimony. A second
researcher was present at the focus groups to aid in note taking. The research groups were
conducted in collaboration with the Agricultural Workers Alliance of Abbotsford and
Migrante BC. A number of semi-structured interviews were conducted, either by phone or
face-to-face, with current and former live-in caregivers, seasonal agricultural workers and
immigrants in the stream for ‘lower-skilled’ workers. Additionally WCDWA used data
collected for cases that it has dealt with in recent years that contribute to the general body
of evidence. All research participants voluntarily took part in the research process and gave
permission for their testimony and experiences to be used in this report. All research
participants were promised that their participation in the research would be anonymous.
Pseudonyms have been used in the report to conceal the identity of those concerned.
Report Outline
This report consists of four parts: Part One sets the scene by first situating the TFWP
within the global context and within the legal framework of Canada’s immigration system. It
briefly describes the different immigration streams relevant to the research participants and
WCDWA’s clients, provides a brief analysis of BC specific context, and discusses the
Provincial Nominee Program (PNP) as a potential avenue to permanent residence. This
section highlights the temporary nature of the status of migrant workers in the ‘lowerskilled’
immigration categories and the limited options available for accessing permanent
status for individuals entering Canada in these categories. It also highlights that those who
are eligible to change their status from temporary to permanent are very much reliant on
their employers to maintain their eligibility.
Part Two addresses the problems that occur as a result of the government’s usage of the
TFWP as a way to manage so-called labor shortages through a review of current research
and literature. Part Two argues that the precarious nature of the immigration status of
temporary foreign workers, the employer driven focus of the system and the power
imbalance between employers and employees creates a work environment filled with fear
and uncertainty. Part Two also briefly looks at new legislation and government policies
introduced in the last two years and assesses how these may impact the employment and
immigration situation for temporary foreign workers.
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