The Legal & Regulatory Framing of Migrant Workers: Protections and Precarity

• Federal jurisdiction over entry, removal and ‘naturalization’ of foreign nationals: CA 1867, section 91(25) Key Bodies: Immigration, Refugees and Citizenship Canada (IRCC) Employment and Social Development Canada (ESDC) Canada Border Services Agency (CBSA) Key instruments: • Immigration and Refugee Protection Act, 2001 • Immigration and Refugee Protection Regulations, 2001 Programs or “streams”. [...] Stream • Usually 1 to 2 year agreement • Closed work permit Protections Federal, Provincial, and Territorial labour laws, occupational health and safety law, all apply to temporary foreign workers. [...] PLUS Regulations authorize: • Mandatory compliance reports from employers • Mandatory information sheets on employee rights • Hotlines to raise concerns • ‘Surprise’ inspections of worksites (requires a warrant) • Vulnerable worker open work permit process Pillars of health protections (Legislated or via the MOUs) 1. [...] Workplace Standards and Safety • TFW continue to work when ill or WHAT DO WE KNOW injured FROM RESEARCH AND • 69% attribute health problems to work COMMUNITY VOICE? • Less than 25% seek medical assistance When do seek health assistance, non-legal access barriers include • Barriers inherent to work • Barriers inherent to not having knowledge base of nationals • Pressure of economic precarity Barrie. [...] • Irony: because covered by WC lose right to bring private civil suit (unless injury caused by third party) Deportation & Nomination • Unfettered discretion of employers to invoke medical deportation – no procedural rights of employees • Unfettered discretion of employers to nominate workers to return Can you really be surprised that 69% of Mexican SAWP workers in BC reported they worked while ill.