Migrant farm workers’ class-action suit against Canadian government certified

2026/02/25 2 Comments

To watch:

An Ontario court has cleared a major hurdle for migrant farm workers to pursue a Charter challenge against Ottawa for systemic racism and discrimination.

On Monday, the Superior Court of Justice certified a $550 million class-action lawsuit initiated by two lead plaintiffs, Kevin Palmer and Andrel Peters, who were brought to Canada under the federal government’s seasonal agricultural farmworker program (SAWP).

The lawsuit alleges that their rights were violated under the “tied employment” provisions of the program that restricted them to work for a named employer only, and their “compelled” payments to Canada’s employment insurance premiums despite their disqualification from receiving the benefits.

The certified class will cover current and former agricultural workers who are or were employed in Canada on a contract basis under SAWP, on or after Jan. 1, 2008. The federal government has already identified precisely 74,785 people who are members of the class, and has produced a class list with each member’s personal information.

Launched in 1966, the SAWP allows agricultural employers to hire temporary foreign workers from Mexico and participating Caribbean countries for up to eight months a year when qualified Canadians are unavailable. Between 30,000 and 40,000 seasonal migrants come to work here via the program each year.

In his decision, Judge Edward M. Morgan concluded that the plaintiffs’ proposed common issues predominate over any individual issues in the action, and focus on a common set of conditions imposed on all class members in the SAWP. 

“The breaches alleged are systemic and apply across the class,” Morgan wrote in his 25-page decision. “The Charter claims focus on state action in imposing oppressive and liberty-restricting terms in the SAWP contracts and legislation/regulation.

“Likewise, the unjust enrichment claim arises from a set of facts imposed by legislation and held in common by all class members — i.e. the payment of EI premiums, accompanied by restrictions imposed in the EI scheme and the SAWP that prevented access to EI benefits….

Source: Migrant farm workers’ class-action suit against Canadian government certified

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Some employers using foreign worker program facing bigger fines for violations

2026/02/23 Leave a comment

Encouraging:

Amid increasing scrutiny on the use of Canada’s temporary foreign worker program, the total dollar amount of fines imposed on employers who are found to violate the terms of the program has risen dramatically.

However, some observers think changes to monitoring and enforcement of the program are still required.

Catherine Connelly is a professor of human resources and management at McMaster University in Hamilton, Ont., who has studied the temporary foreign worker program.

She says the federal government historically seemed to take an “educational approach,” with fines that were usually in the hundreds rather than the thousands of dollars.

“There just didn’t seem to be too much of a deterrence in terms of how they were approaching the enforcement of the rules of the program,” she said.

But Connelly says as public perception of the program soured, she noticed a gradual change that built into a “dramatic shift” over the last year.

“Now the approach seems to be more of a deterrence approach and we see fines easily into the tens of thousands, if not the hundreds of thousands of dollars,” she said.

In the 2018-19 fiscal year, 74 companies faced a total of $102,250 in fines.

By comparison, during the last fiscal year, 147 companies faced $4,882,500 in fines.

Connelly believes the number of companies caught and fined is likely a “fraction” of those who are actually breaking the rules. But she says large fines may catch the attention of companies that are using the program.

“They are risk-averse and they are strategic in their planning. And so a well-run company will see that non-compliance with this complicated program is a serious issue that needs to be avoided,” she said.

Meanwhile, the number of employers applying to use the temporary foreign worker program has dropped in the last two years, according to recent numbers released by the federal government.

After hitting roughly 150,000 applications in the 2023-24 fiscal year, the number fell to roughly 63,000 so far in the current fiscal year. …

Source: Some employers using foreign worker program facing bigger fines for violations

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Temporary foreign workers switch jobs and earn more after becoming permanent residents, study finds

2026/01/12 Leave a comment

Of note, not terribly surprising but good to see the data behind it:

…The research, which was conducted by economists at universities in Toronto and Chicago, found several benefits for workers who transitioned to permanent residency status.

Temporary foreign workers who were granted permanent residency in Canada between 2004 and 2014 – and thus were no longer on closed work permits which tied them to a single employer – saw an earnings increase of 5.7 per cent three years after they obtained PR status. 

The workers directly benefited from being able to switch positions, the researchers found. There was a “sharp” and “immediate” increase in the probability of a job-to-job transition of 21.7 percentage points over the three years, the paper estimates. And many of those workers switched into better-paying industries. 

“Our main question of interest when we began this research was: what is the effect of being on a closed permit relative to an open permit?” said Kory Kroft, a professor of economics at University of Toronto, and one of the paper’s authors. 

“The main takeaway is once you relax the restrictions, you see a big increase in job mobility. You find that immigrants who were clustered at low-wage jobs quickly sorted themselves into higher-wage jobs.” 

The TFW program is a key immigration stream in Canada that allows employers to hire mostly low-wage foreign workers on a temporary basis in sectors where the government determines there is a shortage of domestic labour, such as agriculture….

Source: Temporary foreign workers switch jobs and earn more after becoming permanent residents, study finds

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Inspections of temporary foreign worker employers in Canada have plummeted — despite a surge of workers

2025/10/11 Leave a comment

Not a good take:

The number of inspections of employers hiring temporary foreign workers has plummeted over the past five years — with most conducted without inspectors ever setting foot on worksites — even as the number of migrant workers and reports of abuse have surged, according to government data obtained by the Star.

Annual inspections fell 57 per cent, from 3,365 in 2020 to 1,435 in 2024, according to Employment and Social Development Canada, the department that oversees the temporary foreign worker (TFW) program.

There are three triggers for an inspection listed by the Immigration Department: a history of non-compliance, random selection and a reason to suspect non-compliance including a received allegation or complaint.

From 2020 to the end of 2024, 77 per cent of more than 12,000 employer inspections have been “paper-based only,” meaning the vast majority of these inspections take place remotely without any on-site reviews of the workplaces where it’s suspected that violations occurred.

The declining number of inspections comes at a time when the TFW program has ballooned, undergoing a massive expansion in the last decade, amid rising allegations of abuse and penalties issued to employers violating the program. Labour experts and advocates say the combination of fewer on-site inspections and rapid growth of the program raises serious concerns about oversight, enforcement and the protection of vulnerable workers.

The number of TFW approvals has more than doubled in recent years, rising to nearly 51,000 approvals in the third quarter of 2024 alone, more than triple the 15,507 approvals from the third quarter of 2021.From 2020 to the end of 2024, 77 per cent of more than 12,000 employer inspections have been “paper-based only,” meaning the vast majority of these inspections take place remotely without any on-site reviews of the workplaces where it’s suspected that violations occurred.

The declining number of inspections comes at a time when the TFW program has ballooned, undergoing a massive expansion in the last decade, amid rising allegations of abuse and penalties issued to employers violating the program. Labour experts and advocates say the combination of fewer on-site inspections and rapid growth of the program raises serious concerns about oversight, enforcement and the protection of vulnerable workers.

The number of TFW approvals has more than doubled in recent years, rising to nearly 51,000 approvals in the third quarter of 2024 alone, more than triple the 15,507 approvals from the third quarter of 2021….

Source: Inspections of temporary foreign worker employers in Canada have plummeted — despite a surge of workers

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Worswick: Why the Temporary Foreign Worker Program needs to be eliminated

2025/10/09 Leave a comment

More sensible proposals from Worswick:

…The TFW program was controversial under both the Harper government and the Trudeau government. In both cases, the government of the day ultimately bent its will to employer lobbying to make the program larger until an understandable public backlash ensued. The result is that the TFW program’s brand is severely damaged and should be retired. In its place, smaller, targeted programs would make sense. Two, in particular, are worth considering. 

Retaining a separate agricultural temporary visa program has merits. These types of jobs are unique in that they are geographically remote and seasonal by nature. Filling them with Canadian citizens or permanent residents may require large increases in wages, putting many farm enterprises at risk. 

Having a standalone global talent temporary visa program would also benefit the Canadian economy so long as the earnings are above the Canadian average. Such a program should be limited in size to minimize any negative effects on wages of higher-income Canadians. The program could prioritize the highest-earning jobs, as has been suggested for the U.S. H-1B program. Individuals taking these jobs would be excellent candidates as economic permanent residents.

Source: Why the Temporary Foreign Worker Program needs to be eliminated

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Carney says temporary foreign worker program needs a ‘focused approach’

2025/09/12 2 Comments

Not much new in terms of messaging:

Prime Minister Mark Carney said Wednesday the temporary foreign worker program needs a “focused approach” that targets the needs of specific sectors and regions.

Carney’s comments came as he outlined the government’s plans for the fall during an address to the Liberal caucus at their annual retreat in Edmonton.

The prime minister said the government’s plan to return immigration rates to “sustainable levels” includes reducing the number of non-permanent residents to “less than five per cent” of the total population.

Temporary workers and international students made up 7.1 per cent of Canada’s population as of April 1, according to Statistics Canada.

“Now, it’s clear that we have to work to continue to improve our overall immigration policies, and the temporary foreign worker program must have a focused approach that targets specific strategic sectors and needs in specific regions,” Carney said in his speech to caucus.

“So we’re working on that. Setting those goals, adjusting and working to ease the strain on housing, public infrastructure and our social services while we build that strong economy.”

At a press conference in Brampton, Ont., on Tuesday, Conservative Leader Pierre Poilievre once again called on the government to scrap the temporary foreign worker program due to high youth unemployment, which hit 14.6 per cent in July.

Poilievre said immigrants are not responsible for housing and employment challenges and instead blamed the government. 

“They’ve allowed massive abuses of the international student, temporary foreign worker and asylum claims system, with rampant fraud that happened right under their nose. And as a result, our youth can’t find jobs or homes,” Poilievre said.

”(Carney’s) allowing corporations to bring in a record number of temporary foreign workers this year at a time when youth employment numbers are their worst in three decades.”

Government data show the number of temporary foreign workers coming to Canada decreased significantly in the first six months of the year. About 119,000 temporary workers arrived in the first half of 2025, down from more than 245,000 in the first half of 2024.

The government’s current target for temporary workers is to admit about 368,000 this year and 210,000 next year.

Before Carney’s speech, former immigration minister Marc Miller said “you can’t just scrap” the temporary foreign worker program and accused Poilievre of trying to whip up “anti-immigrant sentiments.”

“We need immigration whether we like it or not in this country,” Miller said….

Source: Carney says temporary foreign worker program needs a ‘focused approach’

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Keller: Yes, Canada should (mostly) end our temporary foreign worker programs 

2025/09/11 Leave a comment

Nice reminder of previous comments (Trudeau did the same in 2014):

…Prime Minister Mark Carney used to get this. Back in 2013, when he was governor of the Bank of Canada, he told a parliamentary committee that “one doesn’t want an overreliance on temporary foreign workers for lower-skill jobs, which prevent the wage adjustment mechanism from making sure that Canadians are paid higher wages but also that firms improve their productivity.”

He added that temporary foreign workers should be for “those higher-skilled gaps that do exist.” 

In plain English, he said that bringing in highly skilled people to fill high-wage jobs was good for Canada, but allowing business easy access to lots of temporary foreign workers for entry-level jobs was a recipe for suppressing the wages of low-wage Canadians, and discouraging companies from raising productivity through labour-saving technologies. 

That was the right answer. It was also a good foundation for future immigration policy.

But last week, Mr. Carney said the opposite. Pushing back against Conservative criticism, he said that “when I talk to businesses around the country … their number one issue is tariffs, and their number two issue is access to temporary foreign workers.”

Mr. Carney, please rediscover your 2013 answer. Aside from being economically sound, it is immeasurably more politically saleable. Just ask British Columbia Premier David Eby.…

Source: Yes, Canada should (mostly) end our temporary foreign worker programs

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Coletto: Is the Temporary Foreign Worker Program Canada’s Next Big Political Wedge?

2025/09/09 Leave a comment

Well, the Conservatives certainly intend it to be, even if their approach is overly simplistic:

…What does this mean politically?

  1. A potent wedge issue: The TFWP is shaping up as a powerful wedge for Conservatives: it stirs young economic anxiety and the populist thread of “Canadian jobs for Canadians.” It’s a clarion call that resonates with those feeling sidelined or squeezed.
  2. A potentially perilous balancing act for Liberals: With their own supporters deeply split, Carney’s Liberals must navigate between addressing economic vulnerabilities and maintaining labour market stability. Any move risks alienating one half of their fractured base.
  3. A broader narrative of precarity: Beyond the TFWP, Canadians are demanding security on jobs, housing, crime, and employment. Immigration is now at the centre of that conversation, reflecting a country where precarity shapes nearly every political debate.

At its core, the TFWP debate isn’t a technical economic tweak, it may become a battle for the narrative of Canada’s economic future. Those who support for scrapping it demand immediate protection; those who defend it warn of cascading supply shocks. 

Source: Is the Temporary Foreign Worker Program Canada’s Next Big Political Wedge?

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CHARLEBOIS: On food security, Liberals have the better Temporary Foreign Worker plan, Ivison: Poilievre takes a risk on scrapping TFWs

2025/09/06 Leave a comment

Of note:

…The Liberal plan — led by Mark Carney — opts for reform rather than elimination. It introduces a cap to reduce temporary residents (including workers and students) to under 5% of the population by 2027 and tightens eligibility, permit lengths, and program oversight. Crucially, agriculture and food processing are explicitly exempted, ensuring that farms and processors maintain access to the labour they need. This more measured approach reins in misuse of the program while protecting supply, helping to moderate food price pressures.

The implications for prices are stark. If Poilievre’s model is adopted, Canadians can expect sharper and faster increases in both food-service and retail. Restaurants will need to hike wages to compete for domestic workers, leading to menu prices that rise faster than inflation. Grocers will see wholesale costs climb as farm and processing labour tightens. By contrast, the Liberal plan allows for a gradual adjustment while safeguarding agricultural labour, which should help contain inflationary shocks.

So which policy best serves a country grappling with high youth unemployment and a food system dependent on reliable labour? Poilievre’s proposal appeals to those eager to prioritize Canadian youth, but it risks jolting the food sector and undermining affordability. The Liberal reform plan, though far from perfect, offers a more pragmatic balance: Reducing excesses, protecting supply chains, and keeping food as affordable as possible in an already volatile global environment.

In the end, the question is not whether Canadians will pay more for food — it’s how much more. One plan wagers on sweeping labour substitution to revive youth job prospects. The other emphasizes stability and gradual reform to steady the system.

For households already under financial strain, the choice policymakers make could be the difference between manageable increases and another round of sticker shock at the till.

— Sylvain Charlebois is director of the Agri-Food Analytics Lab at Dalhousie University, co-host of The Food Professor Podcast and visiting scholar at McGill University.

Source: CHARLEBOIS: On food security, Liberals have the better Temporary Foreign Worker plan

And from John Ivison:

…But while he has correctly identified the disease, it is less clear he has found the cure.

The Conservative plan would create a standalone program for seasonal agricultural workers and the food processing industry.

But ending the issuance of new permits cold turkey is likely to result in a completely different set of unintended consequences than the ill-advised policy that caused the problem in the first place.

The program should return to its original intent of allowing firms to hire foreign workers when qualified Canadians are not available, gradually reducing the number of temporary foreign workers as a share of the low-skill workforce.

That is what the Liberal reforms are trying to do, although as Poilievre pointed out, it looks like the government won’t hit its target in 2025.

However, a hard stop to the program is likely to give labour markets whiplash.

From a political perspective, it’s not an obvious win for Poilievre, even if the public is sympathetic to the intent.

His critics cite this as another example of him fighting the culture wars. That’s unfair: he was clear he was not demonizing foreign workers or regular immigrants.

But it is undoubtedly a hardening of the party’s position from the 2025 platform, which talked about dramatically reducing the number of temporary foreign workers and international students.

Poilievre seems to be more concerned about his leadership review in January than winning votes from people who didn’t vote for him last time.

This — and other immigration-reform positions to come — are Rempel Garner’s work and it should have been her show. There are many able Conservative MPs who have been reduced to bobbleheads by the leader and that must change.

Scrapping the temporary foreign worker program is a valid, if misguided, response to the crisis in youth unemployment.

But the risk for Poilievre is that he’s shrinking, not expanding, his pool of available voters.

Source: John Ivison: Poilievre takes a risk on scrapping temporary foreign workers

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Poilievre calls for federal government to end temporary foreign worker program 

2025/09/05 Leave a comment

Some initial comments on the CPC proposal:

…The Canadian Federation of Independent Business (CFIB), a small-business lobby group, condemned Mr. Poilievre’s proposal to scrap the program, saying that there were “zero” employers of entry-level workers who use the program for cheap labour. 

“We have many parts of Canada – particularly in rural and remote communities – with very few available entry-level workers for jobs on which local people depend,” said Dan Kelly, president of the CFIB, in a post on X.

Mr. Poilievre’s criticism of the program as exploitative has been voiced for years by international human-rights organizations and migrants’ rights groups. 

…In a recent interview with The Globe, Mikal Skuterud, a labour economist at the University of Waterloo, said that immigration is not the main driver of higher youth unemployment. Instead, he pointed to weak economic conditions and a sharp reduction in job vacancies that are making it tougher for people to secure employment.

Source: Poilievre calls for federal government to end temporary foreign worker program

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