‘Structural solutions not inflammatory conclusions’ required to fix foreign worker program: Senator Omidvar

More balanced than the special rapporteurs language and reasonable recommendations for the current and likely future government to consider, although finding the right balance between employers and workers remains a challenge:

…While the government and groups like the Canadian Chamber of Commercemay reject the UN rapporteur’s characterization of the program, the recent Senate report found similar abuses within the program. 

On May 21, the Senate Committee on Social Affairs, Science, and Technology released its own report on Canada’s migrant labour infrastructure, which it said is failing both workers and employers. 

Beginning its study in November 2022, the committee heard evidence and testimony from temporary foreign workers and employers, academics, policy experts, and government officials. Members also visited workplaces in New Brunswick and Prince Edward Island on a fact-finding mission. 

While Obokata did not visit any farms or fisheries—as the Senate committee did—Omidvar said the Senators who worked on the report were able to come to their findings with “clear eyes,” having accounted for all perspectives. 

Fittingly, those perspectives informed the first of the committee’s recommendations to provide what Omidvar said are “structural solutions” to a program that has grown in a rapid, disorganized, and often piecemeal manner for decades.

In its report, the committee offered six recommendations, the first of which is the establishment and funding of a tripartite Migrant Work Commission, modelled after the Canada Employment Insurance Commission, that would include a commissioner representing migrant workers, employers, and the federal government. 

“Right now, there is no single place where either an employer or a migrant worker can go to address their issues,“ Omidvar explained. “In particular, there are not enough avenues of complaints for migrant workers that are nimble, effective, and worker-friendly.”

The second recommendation mirrors the UN report, but Omidvar said the committee recommends the full phase-out of closed work permits in the next three years, rather than immediately.

“You cannot go from extreme heat to extreme cold without creating severe cracks and fissures in the system,” Omidvar said, explaining that while the committee had identified closed work permits as an area of concern, the federal government would need time to negotiate with provinces to create regional, sector-wide permits to replace them.

Omidvar said the third most important recommendation is that workplace inspections be unannounced as a standard, adding that the current practice allows for unscrupulous employers to engineer a compliant workplace to give the illusion of compliance when inspectors arrive.

While Omidvar recognized that could also be true for the workplaces the committee visited—or at the very least, that only already compliant “good workplaces” would have even accepted their request for a visit—she said the workplaces she did see were undoubtedly having a positive impact on its workers and community.

At one seafood processing plant, Omidvar recalled speaking with employees who had arrived as temporary workers and successfully applied for permanent residency with the aid of sponsorship from their employer. She said that the new influx of residents had reinvigorated and revitalized the community with “new families, teachers, and parishioners” filling the local church every Sunday.

On the other side of the spectrum, Omidvar said the committee also met with migrant workers in closed-door meetings in other communities who detailed instances of abuse, including withholding access to health care. She explained that those abuses can be particularly problematic in rural and remote communities without nearby doctors or medical facilities.

Additionally, many of those workers said that there was a lack of clarity on the pathways to permanent residency, she noted. 

“They’re operating in a fog of information, and we need to make those pathways crystal clear,” Omidvar said, adding that Canada needs an annual migrant worker level plan, as it has for annual immigration. 

“The whole system post-COVID has been kind of bent out of shape with exceptions that we made to meet various needs,” Omidvar said. “Now, we need to get back to the drawing board and reconfigure this in a sensible, pragmatic, and doable manner that ensures the rights of migrant workers are paramount.”

Source: ‘Structural solutions not inflammatory conclusions’ required to fix foreign worker program: Senator Omidvar