Detalles del documento

2010-06-17

Paula J. Kinoshita y Delphine Nakache

Winnipeg Free Press

In recent years, the number of temporary foreign workers admitted to Canada has more than doubled.
However, the short-term focus of Canada's existing temporary labour migration policy will not help the country realize its long-term labour market needs and it is unfair to the vast majority of temporary foreign workers.
In our recent study for the Institute for Research on Public Policy, we point out that in the field of employment, there is a discrepancy between policy and practice in regard to temporary foreign workers' rights. If on paper, such workers have the same workplace rights as any other workers in Canada, this is not true in reality. A significant factor is the restrictive nature of the work permit (temporary foreign workers are often tied to one job, one employer and one location), which can have the practical effect of limiting their employment protections.
Other employment-related problems include illegal recruitment practices, airfare from Canada, misinformation about migration opportunities and lack of enforcement mechanisms. In the context of employment, Canada seems indifferent to temporary foreign workers' future position in society.
On family unity and access to permanent residency, there are significant differences in their treatment, depending on their skill levels. The spouses of highly skilled workers are able to acquire open work permits, and highly skilled workers have the opportunity to get permanent residency from within. In contrast, the spouses of lower-skilled workers must apply for a restricted work permit, and lower-skilled workers, with few exceptions, have very limited opportunity to migrate permanently. Yet they can
renew their temporary status so long as they have employment.
Ultimately, Canada encourages the integration of highly skilled workers and is indifferent to that of lower-skilled workers.
In order to address these inequalities, the work permit should be restructured to allow these migrants greater mobility; enforcement mechanisms must be used to protect them from abusive practices; communication between different governmental players must be improved; a policy should be adopted to support the integration of temporary foreign workers; and finally, public debate about the recent changes in Canada's labour migration policy should be encouraged.
Delphine Nakache is a professor of law at the School of International Development and Global Studies
at the University of Ottawa. Paula J. Kinoshita graduated with a bachelor of laws from the University of
Alberta in 2009. Presently, she is completing her articling year at Quantz Law Group in St. Albert, Alta.
They are the authors of the study, The Canadian Temporary Foreign Worker Program: Do Short-Term
Economic Needs Prevail over Human Rights Concerns? published by the IRPP (www.irpp.org)

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