A recent report from the United Nations’ special rapporteur on contemporary forms of slavery has raised alarm over Canada’s handling of the issue at home, including particular criticism for the Temporary Foreign Workers Program. With Parliament now back from its summer recess, NDP, Liberal, and Conservative MPs say they want to see a House committee undertake a study in response.
Following a two-week visit, UN Special Rapporteur Tomoya Obokata released a 12-page statement of preliminary findings on Sept. 6, within which he highlighted Canada’s Temporary Foreign Workers Program (TFWP) as a top source of concern, saying the program’s low-wage and agricultural streams in particular “constitute a breeding ground for contemporary forms of slavery,” and that he is “perturbed by reports” that the number of workers entering Canada through this program is “sharply on the rise.”
“The Special Rapporteur is disturbed by the fact that certain categories of migrant workers are made vulnerable to contemporary forms of slavery in Canada, by the policies that regulate their immigration status, employment, and housing in Canada, and he is particularly concerned that this workforce is disproportionately racialized, attesting to deep-rooted racism and xenophobia entrenched in Canada’s immigration system,” reads the statement.
Obokata was in Canada between Aug. 23 and Sept. 6 to assess Canada’s efforts to prevent and address contemporary forms of slavery, including forced and child labour. He’s set to present a full report, which will expand on his initial findings and cover additional issues, to the UN Human Rights Council in September 2024.
NDP MP Heather McPherson (Edmonton Strathcona, Alta.) said the rapporteur’s initial findings need to be raised in the House of Commons.
McPherson is a member of the House Foreign Affairs Committee’s Subcommittee on International Human Rights, which studied the human rights situation of the Uyghurs, and the role of the Canadian Ombudsperson for Responsible Enterprise in 2021. In light of the rapporteur’s findings, she said she’d like the “subcommittee to be looking at this again.”
“We’ll be bringing that forward at that point [when the House returns], that they examine this and that we do get testimony on this report,” and look at the issue “from a larger frame,” beyond the ombudsperson, to also include examination of due diligence and human rights legislation, McPherson told The Hill Times on Sept. 15.
She pointed to the Special Committee on Canada-China Relations and the House Foreign Affairs Committee itself—she is a member of both groups—as other potential arenas to pursue a study, noting, for example, the issue of Uyghur forced labour in Canada’s supply chains.
“We have an awful lot to study within those committees, and so it’ll be a situation of trying to find the right place for it to land, and whether there’s bandwidth to do that,” said McPherson, adding she thinks the House International Trade Committee should also pick up the issue.
Conservative MP Arnold Viersen (Peace River–Westlock, Alta.), a member of the Subcommittee on International Human Rights and of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking, said he’s in favour of “studying the issue of human trafficking and how Canada can better fight it at any and every turn, so I would welcome a study in that respect.”
Liberal MP John McKay (Scarborough–Guildwood, Ont.), another member of the all-party group, agreed the rapporteur’s findings bear “an examination by a House of Commons committee.”
“We are bringing in a lot of people under particular policies, and it’s always worthwhile to examine the efficacy of those policies. Canada has a labour shortage … but we simply cannot be a nation that exploits other human beings in labour conditions that are such as the rapporteur has described. He used very strong language,” said McKay.
As noted by Obokata, use of the TFWP is on the rise in Canada. Between 2021 and 2022, the number of TFW permit holders increased by 31.5 per cent to reach 135,625 individuals. It’s on track to surpass that total in 2023, with 130,155 such permits already having come into effect in the first three quarters of the year, according to federal data.
“It is a fact that temporary foreign workers make vital contributions to Canada’s national economy and possess valuable skills for which there is consistent demand, and yet paths for long-term or permanent residency is extremely limited or non-existent for most workers working in agriculture and other low-skills sectors,” reads the rapporteur’s report.
Obokata said while in Canada, he “received first-hand information from a large number of stakeholders, notably migrant workers themselves, pointing to the appalling working and living conditions in reality,” including excessive work hours, “extra-contractual tasks, physically dangerous tasks, low wages, no overtime pay,” access being denied to health care, limited access to social services, overcrowded and unsanitary employer-provided housing, “as well as sexual harassment, intimidation, and violence at the hands of their employers and their family.”
Such issues could be prevented through “effective labour and health and safety inspections,” but Obokata said from what he heard, those being done by federal, provincial, and territorial inspectors “are grossly ineffective,” don’t happen regularly, can be done remotely, and allow for advance notice to employers when done in person, enabling them to “make necessary preparations on the day of inspection.” Moreover, he said “most migrant workers are unaware” of the existence of existing federal, provincial, and territorial complaint mechanisms, or are afraid to report labour law violations “due to the fear of unemployment or deportation.”
While acknowledging “important developments” in the effort to protect the human rights of workers, and eradicate forced and child labour in the country’s supply chains—like the 2022 release of the Responsible Business Conduct Strategy and the 2021 update to the Code of Conduct for Procurement—Obokata said he still has “some concerns over Canada’s current approach to human rights due diligence for Canadian companies.”
He noted, for example, that Bill S-211’s reliance on self-reporting, lack of monitoring mechanism, and lack of requirements to implement “human rights due diligence” or measures to “prevent, address, and remedy abuses once identified,” risks it “becoming a box ticking exercise where companies simply submit the same statement every year, as has been reported in other jurisdictions.” The Fighting Against Forced Labour and Child Labour in Supply Chains Act, which comes into force in January 2024, requires companies that check two of three boxes—having at least $20-million in assets, $40-million in revenue, or 250 employees—to report on measures taken to “prevent and reduce the risk” of forced or child labour in their operations and supply chains.
Obokata said in raising concerns with the federal government, he was told draft legislation on due diligence to complement Bill S-211 is “currently” being considered. He urged the government to do so “expeditiously,” and for clear guidance on reporting requirements under S-211, and monitoring and oversight mechanisms to be established in the interim.
McKay, Viersen, and Independent Senator Julie Miville-Dechêne (Inkerman, Que.) were among those who met with Obokata virtually on Aug. 15 just before his visit in their capacity as members of the all-party parliamentary group, with talk focused on S-211, which was sponsored by McKay and Miville-Dechêne in the House and Senate, respectively.
McKay and Miville-Dechêne told The Hill Times they disagree with Obokata’s assessment of S-211 as a mere “box-ticking exercise,” with McKay saying he takes “strong exception to anyone who says this legislation will not be effective.”
There’s an “immense amount of work that entities are going to have to do in order to be able to comply with the legislation,” argued McKay, with potential “enormous” consequences, including the fact that “the regulatory filing signed by a senior officer and approved by the board of the entity” will be “looked at by other regulators,” and “by those who do financing,” consumers, and NGOs. McKay said in discussions with lawyers and others “who work in this area” in Toronto last week alongside Miville-Dechêne, the pair heard serious concerns “about the work that’s going to be required in order to make sure that they comply.”
“Our model is a stronger model than the U.K. model,” said Miville-Dechêne of S-211, noting the bill includes fines for non-compliance, and transmitting information that’s knowingly false. “I would say it’s a step, but a very important step and the first step, too, for a country that has … talked, politically, a lot about our respect for human rights, and by implementing this law, it is a step in the right direction.”
McKay, Miville-Dechêne, and Viersen all said they expect clear guidance on reporting requirements under S-211 to come through its enacting regulations, which are still being awaited from the minister responsible, Public Safety Minister Dominic LeBlanc (Beauséjour, N.B.). Asked when those regulations would be tabled, LeBlanc’s office did not respond by filing deadline.
McKay and Miville-Dechêne urged the government to table its draft regulations as soon as possible, with the Senator noting there are only three-and-a-half months left before S-211 comes into force, “which is not, in political terms, that long to give clear guidance to companies.”
Viersen called the wait on regulations “quite frustrating.”
As for a parliamentary study, Miville-Dechêne said while the rapporteur’s preliminary findings must be listened to—and that she, too, is “very worried” about the potential for exploitation through Canada’s TFW program—she noted “he’s going to have more to say” when the full report is released next year. She highlighted that the Senate Social Affairs Committee is already in the midst of a study on Canada’s temporary and migrant labour force.
“I find on this particular issue [the TFWP], Mr. Obokata is right on,” she said.
Among other things, the rapporteur’s report also raised concern over the effectiveness of the federal Ombudsperson for Responsible Enterprisesestablished in 2019, which Obokata noted didn’t release its first initial assessment reports on complaints until this year—nearly four years after its creation. He highlighted that its mandate covers “only a limited number of sectors,” and excludes a number “where labour exploitation is rife, like agriculture, fishery, manufacturing, and construction,” which the rapporteur said should be “core” to the office’s mandate. He called for the ombudsperson to be given statutory powers to compel witnesses and documents, “with clear consequences” for companies that don’t comply, and for its independence to be ensured.
McPherson said the rapporteur’s report has “echoed all of the concerns that the NDP has raised for some time,” including its criticisms of Bill S-211, which her party voted against in the House, and the effectiveness of the ombudsperson.
“We’ve got a government right now who is saying that they care about human rights, they’re talking about the need to ensure that Canadian companies working abroad are acting effectively, but every chance they have to bring forward good, strong legislation, they fail,” she said.
On the TFWP, McPherson said the NDP, “from the very get-go,” has said “the program needs to be revamped” and “that any individual who comes to Canada to be a worker needs to have a path to become a Canadian citizen.”
“This program has been flawed” from the very beginning, she said, starting under the previous Conservative government, and continuing under the Liberals, despite its pledge to fix it.
The Hill Times reached out to Trade Minister Mary Ng (Markham–Thornhill, Ont.) and Immigration Minister Marc Miller (Ville-Marie–Le Sud-Ouest–Île-des-Soeurs, Que.) for comment and reaction to the rapporteur’s report.
An emailed response from Global Affairs Canada confirmed Ng’s office has “reviewed the rapporteur’s statement.”
“We are taking into consideration the findings in the statement and how we can reflect on them moving forward as we work to eradicate forced labour from Canadian supply chains and ensure that Canadian businesses operating abroad do not contribute to human rights abuses,” reads GAC’s response.
In its emailed response, Miller’s office highlighted “several permanent immigration pathways available for workers,” including through an Agri-Food pilot launched in May 2020 and recently extended until May 2025; the Provincial Nominee Program; the Atlantic Immigration Program; and express entry eligibility for agricultural supervisors and managers, among other things.
“In Canada, the rights of all workers—including temporary foreign workers—are protected by law. Temporary foreign workers have the same rights and workplace protections as Canadians and permanent residents,” reads the response from Miller’s office, noting that new regulations aimed at increasing protections for foreign workers were implemented federally in September 2022.
“We will continue engaging all levels of government, provinces, and territories—to ensure all workers are safe and protected wherever they are in the country.”
Multicultural Meanderings 