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The Invisibles: Migrant Workers in Canada

Reports of exploited foreign temps have grown as fast as the federal program. First in a series.

By Krystle Alarcon, 7 Jan 2013, TheTyee.ca

Abbottsford migrant workers

Guatemalan migrant farm workers near Delta, B.C., who asked to have their identities hidden. Photo: Justin Langille.

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They hand you a soothing cup of Tim Hortons, pack frozen beef in factories, pick blueberries and apples on Abbotsford farms, serve fast-food meals and wipe tables, excavate mines and drill for oil in Western Canada, and raise your kids as if they were their own. Typically paid far less than Canadians, unprotected by labour laws, and disposed of when their contracts end, these migrant labourers have become ubiquitous while remaining all but invisible.

Under the Conservative government, the pool of migrant labour has expanded rapidly with almost no public discussion or oversight -- yet who benefits, and at what cost?

There were 300,111 migrant workers in Canada in 2011-- a more than three-fold increase over the previous decade. Another 190,769 entered that year, creating a temporary foreign workforce of nearly half a million. In 2010, the government accepted one and a half times more migrant workers than permanent Canadian residents.

Migrant workers have been cycling in and out of Canada since 1972, when the Non-Immigrant Employment Authorization Program was introduced. In 2002 it expanded to become the Temporary Foreign Worker Program (TFWP) to service the oil and gas industries in Alberta.

Since the Conservative government of Stephen Harper came to power in 2006, the TFWP has expanded rapidly, becoming an unseen pillar of Canada's economic policy. That year, migrant workers admitted to Canada exceeded permanent residents for the first time. And for the first time, employers no longer had to advertise for a minimum of six weeks on a national job bank before being granted permission to hire a migrant, but could do so after just seven days. The shortened processing was a gift to employers, who were allowed to designate workers they needed under "Occupations Under Pressure."

So fast growing are such designations that between 2007 and 2011, the program created a total of almost 30 per cent of all new jobs -- this at a time when the government, grappling with the financial crisis, claimed that creating jobs for Canadians was a key priority. And in 2012, under a little-noted provision of the omnibus budget bill that managed to avoid public debate by sliding in with so much other legislation, the Conservatives introduced changes for high-skilled workers such as dropping application times from 12 weeks to 10 days and permitting employers to pay them 15 per cent less than the average Canadian salary for the same work.

Critics argue that such changes lower standards for all workers, and that it won't be long before the majority of migrant workers, who are considered "low-skilled" in fast-growing sectors such as construction, hospitality, caregiving and agriculture, can legally be paid less than Canadians -- a trend that is already happening, due to the lack of oversight. Many endure mistreatment that, in the most severe case to date, has cost lives.

On April 27, 2007, Canadians woke up to news that two Chinese migrant workers employed by Sinopec Shanghai Engineering Canada near Fort McMurray had been killed when a tank's structure fell on them. Charged with violating safety standards, Sinopec, a part owner of the pipeline transport company Enbridge, initially argued that the Chinese state-owned company "has no official presence" in Canada and therefore did not fall under Canadian jurisdiction. Only recently, on Oct. 10, 2012, did the company plead guilty to three safety violations.

Growing list of abuses

Reports of migrant workers being exploited by powerful corporations have increased almost as fast as the TFWP.

In Oct. 2008, migrant workers at Maple Leaf Foods in Edmonton went on strike with their Canadian counterparts for not receiving the $15 per hour promised in their contracts. Many relied on food banks during the strike as they couldn't survive on the strike wage of $230/week and could not, because of the nature of their work permits, work elsewhere.

On Christmas Eve of 2009, four migrant workers, whose names and the company they worked for were not disclosed, died when the scaffolding of the building they were constructing fell on them.

In May 2009, youth and multiculturalism critic and Liberal MP Ruby Dhalla was criticized for allegedly abusing her caregivers from the Philippines, by forcing them to do work outside their contract and underpaying them.

In Nov. 2010, the UN's International Labour Organization found Ontario, and Canada, guilty of violating the rights of 100,000 migrant and domestic farm workers in the province by banning farm unions. In May 2011 three Filipino temporary workers, dubbed "the Three Amigos," were deported when their permits became invalid after their employers in Alberta laid them off due to the recession. They worked at a Manitoba gas station for another employer who promised to change their permits, but never did.

Roof collapse

Storage tank roof collapsed in April 2007 killing two Chinese migrant workers employed by Sinopec Shanghai Engineering Canada near Fort McMurray. (CBC)

In May 2012, a union staged a blacklist tribunal in front of the Mexican consulate for all the farm workers who have allegedly been sent home for attempting to unionize. Later in June, the exotic dancer stream of the TFWP was cut after the immigration and the human resources departments deemed that there were risks of human trafficking and exploitation within the stream. And this fall the premier of B.C. was severely criticized for advertising a Chinese mining project as a way to bring jobs to Canadians, when up to 2,000 Chinese migrant workers will be recruited to work in mines -- rather than offering the jobs to locals, including the First Nations from those areas. The job ads also listed Mandarin as a language requirement, ruling out most Canadians from applying.

It was also discovered in an investigation by The Tyee that Chinese workers were being charged recruitment fees of more than $12,500 in exchange for work in the mine. Two unions have challenged the Chinese workers' entries, through a judicial review that was approved by the Federal Court. As the controversy grew, Human Resources and Skills Development Canada announced it was reviewing the entire program.

XL Foods, based in Alberta, also came under fire for laying off 2,000 workers, 800 of whom turned out to be migrant workers, after the massive beef recall in September 2012.

And earlier in November four Mexican migrant workers filed a human rights case against their employer at Tim Horton's in Dawson Creek, B.C., who they say gave them the "double-double" treatment, by doubling them up in bunk beds and charging them double in rent, as well as withholding their passports and calling them, according to reports, "Mexican idiots" -- charges their employer said were "made up."

Alberta's two-tier labour system

Alberta currently has the highest per capita use of migrant workers, largely due to the oil sands projects -- 22 times higher than the rest of the Canada -- and their situation reveals troubling rates of mistreatment. As a 2010 audit by the Alberta Ministry of Employment and Immigration discovered, 74 per cent of migrant workers were mistreated by their employers, who typically violated labour laws on overtime, holiday and vacation pay.

Gil McGowan, president of the Alberta Federation of Labour, sees the treatment of migrant workers as an issue that affects Canadians directly. "They are being used as pawns to drive down wages and conditions across the board, especially in the service sector but also in higher income sectors like construction."

McGowan thinks the growing reliance on temporary foreign labour is a move backwards for Canada: "The Harper government is changing that model in a profound way without any kind of public discussion: to replace the citizenship-based model with a model focused on creating underclassed ghettos of exploitable workers."

He foresees future labour tensions, such as those in Western Europe and the Middle East where "guest workers" perform work their citizens refuse to do. "It set off a powder keg of resentments and animosities between the guest workers and the citizens of the countries in which they are working," he says. The citizens felt that the guest workers "were being used to undermine their wages and conditions, which frankly, they are."

Tomorrow: In B.C., imported temporary tunnelers blew the whistle on unfair conditions and sought to join a union.  [Tyee]

7  Comments:

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  • Ramone

    23 weeks ago

    Bingo

    "It set off a powder keg of resentments and animosities between the guest workers and the citizens of the countries in which they are working," he says. The citizens felt that the guest workers "were being used to undermine their wages and conditions, which frankly, they are."

    Spot on. The guvmint, at the behest of their corporate masters, brings in temporary foreign labour...wages across the board are driven down (it's not a bug, it's the main feature!)...and a short-sighted public, rightfully angry at being shafted, vents their frustration at the "guest" workers rather than the real culprits in Ottawa, Victoria and boardrooms across the nation.

  • Hakuin

    23 weeks ago

  • Bob Watts

    23 weeks ago

    What a pile..........

    Tax payers whine and whine about people on welfare, yet businesses will not hire Canadians!

    I my little remote town with a 50% population of First Nations, the only 2 fast food outlets hire only migrants, all of who are pregnant, gee wonder why? LOL!

    The local fish plant is also full of migrants, reason: to block out unions, and besides we all know First Nations have no clue as to how to cut fish, right? And Canadians have never mined underground!

    To me hiring migrants is the same as TREASON.

    How about all those millions of dollars in student loans to Canadian kids that will never work.

    My daughter and about 6 of her friends are leaving Canada ASAP after school finishs. They are going to teach English in other countries so those people can come to canada.

    Small c in canada from now on as this country gets sold off by our leaders.

  • grapes

    23 weeks ago

    Pipeline

    I suspect that if the Gateway pipeline is approved you will see the pipe brought from China and many of China's workers here to build it. So much for the lie of employing Canadians.

  • Loke

    23 weeks ago

    Barely scratches the surface

    This barely scratches the surface of the abuses with this program.

    It's been known for years strippers were brought in and worked as prostitutes.

    Many companies in BC don't pay temp workers overtime wages. Workers in remote locations in BC are in camps that barely sustain life and the government won't pay compensation that is owed when it has gone to court.
    Mines showed that permanent workers would be trained after 10 years.

    The biggest one missed is that the program was changed, after unions were declared legal for them, that you could work on permits for three years thus greatly increasing the turnover and making union membership almost impossible.

  • Bruno96

    23 weeks ago

    The Con

    Perhaps it should be remembered that International Free Trade was used ideologically by the neo-cons to threaten wage earners, to bully "improvements" in productivity, and to keep the illusion that the minimum wage was living wage - by allowing cheap imports from China, rather than by paying people enough to be able to by the home-produced product.

    Countries like India have become major exporters by carefully considering which industries to "open up to competition", but basically have been protectionist, as has China. Those on minimum wage ought to consider that they are actually earning as much as middle level Chinese workers, and the only difference between the minimum wage life-style in Canada and the USA and China is your address, and the language that you most likely speak. This has been the great neo-CON of the last 30 years...

  • Dave50

    22 weeks ago

    USA coperate owned tim horton loves the TFWP

    Tim Horton's uses the TFWP program and franchisee owners rent out room to TFW sometimes 10 or more people to a townhouse all paying rent to the franchises owner. You know that the Temporary Foreign Worker program is increasingly little more than a government-sanctioned way for big business to by-pass Canadian workers and substitute with cheap foreign labor The federal government needs to revoke the company's Work Permit as the Labor Market Opinion (LMO) should never have been granted by HRSDC in the first place.I have a feeling our language law in Quebec would prevent this somewhat poor though out idea to scam passive, gullible , lazy dumb,gullible passive Canadians.our politicians are happy to have us race to the bottom of the economic ladder in order to ensure their political backers can get increased profits.Considering the number of blunders, bad business decisions, preoccupation with dealing with past corruption charges, crisis status in major ministries, and the lack of leadership and vision from an unelected under qualified leader such as Clark, does it not seem that an election is not only desirable but absolutely necessary if we hope to salvage any future for our province and our children.Perhaps Crusty Campbell Clark was misquoted when she said "Families first" Your motto "Families First" was so meaningless unless you meant "Chinese families first". The BC liberal government is quick to help out thousands of immigrant legal and illegal immigrants that has not put a nickle into our economy .The BC liberal Temporary Foreign Worker program is increasingly little more than a government-sanctioned way for big business foreign owned corpereating to by-pass Canadian workers and substitute with cheap foreign labor and you know it and support it.. WAlmart would indorse this program and would be first to jump on the band wagon.