“Breeding Ground for Contemporary Slavery”, UN Report on Canada’s Temporary Foreign Worker Program

A damning new report from the United Nations has sharply criticized Canada’s Temporary Foreign Worker Program, labeling it as a “breeding ground for contemporary slavery.” The report, authored by UN Special Rapporteur on contemporary forms of slavery Tomoya Obokata, scrutinizes Canada’s approach to regulating labor practices within this program.

The Temporary Foreign Worker Program, designed to help employers fill short-term labor gaps when Canadian workers are not available, has seen a significant uptick in participants. In 2018, there were just over 84,000 permit holders, but by 2022, this number had surged to nearly 136,000. Most of these workers are employed in agriculture and related sectors.

According to Obokata’s report, the program places workers in a precarious power dynamic with their employers, leading to severe abuses. The report highlights that if workers lose their jobs, they face the threat of deportation. Many are either unaware of their rights or too intimidated to report poor working conditions. Debt bondage, where workers accrue debts to third-party recruiters, is also a significant concern, as outlined in the July 22 report shared with the Canadian government prior to its public release.

The report criticizes the Canadian government for its approach to program administration. The program is overseen by Employment and Social Development Canada, Immigration, Refugees and Citizenship Canada, and the Canada Border Services Agency, with Quebec’s provincial government also involved. Obokata points out that the government places much of the responsibility for informing temporary foreign workers about their rights on employers, creating a conflict of interest.

Workers, according to the report, are vulnerable to various forms of abuse due to limited access to justice. Obokata’s findings include reports of wage theft, physical and emotional abuse, excessive working hours, and inadequate breaks. Women, in particular, have reported instances of sexual harassment and exploitation.

In response, Mathis Denis, spokesperson for the Minister of Employment, Workforce Development, and Official Languages, stated to CTV News that the government has recently increased fines for employers who fail to meet appropriate working conditions. Last year, Canada conducted 2,122 inspections, resulting in $2.1 million in fines, a rise from $1.54 million the previous year.

Employers who do not comply with regulations are now listed on a public website managed by Immigration, Refugees and Citizenship Canada. Noteworthy violations include a Vancouver Domino’s Pizza location fined $21,000 for discrepancies between job offers and actual working conditions, and a Freshii in Richmond, B.C., fined $15,000 for not providing requested documentation. In Quebec, Ferme L. Campbell et Fils Inc. faced a $60,000 fine and a five-year ban from the program for failing to ensure a safe workplace and address various forms of abuse.

Denis emphasized, “The health and safety of temporary foreign workers (TFW) in Canada is paramount.” A recent government survey showed that 76 percent of temporary workers were aware of their rights and responsibilities, with about 80 percent reporting improved understanding of available services.

Denis concluded, “It is the responsibility of employers who hire TFWs to ensure their safety and well-being for the entirety of their employment. It is the responsibility of the federal government to ensure that employers are complying with the program, and to hold those who are not, to account.”