Viernes, 31 de enero, 2025
Canada’s Temporary Foreign Worker Programme (TFWP) is designed in a way that facilitates shocking abuse and discrimination of migrant workers, Amnesty International said in a new report today.
The report, ‘Canada has destroyed me’: Labour exploitation of migrant workers in Canada, exposes the impact of the TFWP, which allows employers to hire migrant workers, primarily for low-paid jobs, across various sectors, including agriculture, food processing, the care system, construction and hospitality. TFWP visas tie workers to a single employer who controls both their migration status and labour conditions.
People who currently employed or have worked under the programme told Amnesty International that, after arriving in Canada, they were forced to work long hours without rest and received lower pay than agreed. they were often assigned tasks not included in their contract and suffered physical, sexual and psychological abuse. Many of them worked in unsafe conditions, lacked access to adequate housing and healthcare, and faced discrimination in the workplace. Most of them were unable to access effective remedies for the abuses they endured.
“The abuse experienced by migrant workers in Canada is deeply troubling, especially for a country that claims to be a leader when it comes to protecting human rights,” said Erika Guevara-Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International. “Many migrant workers have told us they came to Canada hoping to secure a better future, yet instead, they felt they were treated like slaves. These workers are vital for putting food on the country’s tables and caring for the elderly. They deserve much better.”
Many migrant workers have told us they came to Canada hoping to secure a better future, yet instead, they felt they were treated like slaves. These workers are vital for putting food on the country’s tables and caring for the elderly. They deserve much better.
Erika Guevara-Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International.
Many migrant workers under the TFWP work and live in remote locations and therefore depend on their employer for accommodation and access to health insurance or transportation to get medical care. They face termination of their contracts and a swift repatriation if they fall sick, suffer injuries or are no longer considered fit for the job.
Exploited and abused
Benedicte, a woman from Cameroon, suffered racist psychological and sexual abuse at the hands of her employer as soon as she arrived in Canada in 2016 with a two-year tied visa to work on a farm. She was made to work 70–80-hour weeks performing tasks including domestic work, was substantially underpaid, and was constantly controlled. Her employer deceived her, promising to bring her children to Canada, to continue exploiting her. She eventually fell sick and was diagnosed with severe anaemia. When she finally left the farm in July 2018, her employer cancelled her visa, leaving her with an irregular migration status. “I did not expect to be a slave here,” she told Amnesty International.
Most of the 44 workers interviewed by Amnesty International reported unpaid wages and excessive working hours. Some contracts seen by Amnesty International stipulated zero rest days. Some workers reported being subjected to racist language by their employers and supervisors, including being called “donkey”, “Indian”, or “shitty Mexican.” A Jamaican woman said her supervisor told her to “go back to the tree you came from” and a few reported being physically assaulted by their employers. Many lived in inadequate housing, and a few said they did not even have drinkable water in their accommodation. Some workers suffered severe injuries or developed medical conditions as a result of unsafe working conditions. Workers reported being threatened with repatriation by their employers, and in a few cases, were taken to the airport against their will.
Many workers reported suffering discrimination at work, including by being tasked with the hardest physical jobs, which they could not refuse. Women reported gender-based violence and discrimination. For instance, Hélène and Sylvie* (not their real names), two Ivorian nationals working in a nursing home, told Amnesty International they had to commit to pay the recruitment fees incurred by their agency in Ivory Coast and the employer in Canada in case they failed to comply with their “commitments.” These included not being pregnant at the time of departure, not getting pregnant and not abandoning the employment before their two-year contract ended.
No adequate remedy for abuses
Many workers fail to report the abuses they suffer out of fear of reprisals including unfair dismissal, non-renewal of their contract, and repatriation. Those who do complain are faced with Canada’s complex enforcement system, which is not designed to protect individuals with precarious status, who often don’t have time to engage in proceedings or who may not be able to navigate bureaucratic systems in either of Canada’s official languages.
For example, Walter arrived in Canada to work in agriculture on a two-year tied visa, but was subjected to long working hours and was not provided with the necessary protective equipment. He was also banned from eating, drinking or taking a break except during transportation. Eventually, the owner of an unauthorized placement agency deceived Walter and several of his co-workers into believing he could help them change jobs lawfully. For a year, he lived in the basement of the owner of the placement agency and was not allowed to leave except to work on jobs that the agent arranged for him.
“My work permit and work almost killed me … If we did not obey, we would be deported,” he told Amnesty International.
Walter has not yet received adequate redress for the severe abuses he suffered.
Systemic discrimination
Unlike other temporary labour schemes in Canada, TFWP visas don’t allow migrants to change employers. TFWP visas are mostly granted to “low-skilled” workers from low- and middle-income countries in the Global South, with a majority of Black, Latin American and other racialized populations. In 2023, the top countries of origin of TFWP workers were Mexico, India, Philippines, Guatemala and Jamaica, together representing almost 70% of the work permits granted.
“Labour exploitation of migrant workers under Canada’s temporary visa programme is not the result of just a few unscrupulous employers. Instead, the programme has been designed in a way that enables abuses against the migrant workers,” said Erika Guevara-Rosas.
Labour exploitation of migrant workers under Canada’s temporary visa programme is not the result of just a few unscrupulous employers. Instead, the programme has been designed in a way that enables abuses against the migrant workers.
Erika Guevara-Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International.
Moreover, “low-skilled” and racialized workers are subjected to a high risk of labour exploitation for long periods of time, as many continue travelling to Canada year after year, with little prospect of obtaining a more secure status, due to Canada’s immigration system which privileges “high-skilled” workers for permanent residence.
“Canadian authorities are well aware of the abuses that take place under the TFWP, yet they have implemented very limited measures to address some of the abuses, such as increasing inspections,” said Guevara-Rosas.
Canadian authorities are well aware of the abuses that take place under the TFWP, yet they have implemented very limited measures to address some of the abuses, such as increasing inspections.
Erika Guevara-Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International.
“The reality is that labour exploitation is a foreseeable and systemic result of tied visas. Any reform that fails to abolish tied visas and replace them with open work permits fails to address the root causes of the abuses and will fall short of complying with Canada’s international human rights obligations. Migrant workers should have the freedom to change jobs and employers, just as Canadians are.”
Background
Canada’s TFWP was launched in 1973 to allow employers to bring foreign workers to Canada on a temporary basis, although the first migrant workers began arriving from the Caribbean in the 1960s. The program has gone through several reforms but tied visas have remained a fundamental component over the years. In 2024, the Canadian government adopted additional reforms to reduce the number of migrants in the country and the length of TFWP visas.
For more information or to arrange an interview, please contact: press@amnesty.org