As if we didn't have enough news for today, a new one has struck — the court in Quebec has allowed a class action lawsuit against the Canadian government, specifically against the entire system of closed work permits. The lawsuit was initiated by Guatemalan worker Byron Alfredo Acevedo Tobar.
He highlights the inhumane working conditions faced by migrants in Canada and describes his work at a poultry-catching company, where he had to work 12-hour night shifts with minimal breaks, catching up to 40,000 chickens per shift, and dealing with underpayment or delayed salaries.
😟 In his case, and in the case of thousands of foreign workers, fear and manipulation of fear are key elements in the exploitation of foreign workers. Restricted by closed work permits, they are afraid to complain about working conditions, fearing the loss of their jobs, status in the country, and the possibility of further immigration. This fear is used by employers to maintain control and prevent workers from defending their rights.
The lawsuit finally sheds light on national discrimination in the Canadian immigration system. It proves that certain nations, such as French-speaking residents of the European Union, have been receiving open work permits for decades, granting them the freedom to choose employers and better working conditions. At the same time, representatives of "second-class" nations, predominantly from the global South, are forced to work under closed permits.
The most desperate situation is with migrants from Caribbean countries, where the exchange of workers into the agricultural sector occurs at the governmental level. Moreover, it was a widespread practice to pay wages after working the entire season and not even deposit it into the workers' accounts but into specially designated funds in the Caribbean.
⚖️ The prospects of this lawsuit could fundamentally change the Canadian immigration system. If the court recognizes the practice of closed work permits as unconstitutional, it could lead to their complete disappearance or significant reform. Such an outcome would enhance the protection of foreign workers' rights, provide them with more freedom, and reduce opportunities for their exploitation.
📋 Other Precedents
This lawsuit coincided with another lawsuit concerning foreign workers from Jamaica in the province of Ontario. They arrived in Canada in July 2023 to work as carpenters in a Turkish restaurant and on construction for Polat Construction. From the very beginning, there were delays in payments. After six months of work, they were paid only for six weeks.
