Montreal,, June 28, 2025 / Prnewswire / – On September 13, 2024The Superior Court of Quebec has authorized the association to the rights of households and agricultural workers to institute a collective appeal against the Attorney General of Canada.
The association argues that “quality measures of employers”1 imposed on temporary foreign workers2Including the employer specific work permits or “closed” work permits, violation of sections 7 and 15 (1) of the Canadian Charter of Rights and Freedoms. The association requests that certain provisions of Canada Immigration regulations and refugee protection be declared unconstitutional, and that Charter Damage (monetary compensation) are paid to all members of the collective appeal.
The Attorney General of Canada Confresses the advantages of the collective appeal, which will be determined by a trial to be scheduled later.
A person is automatically a member of this collective recourse IF They worked in Canada After April 17, 1982 without having been a Canadian citizen or permanent resident of Canada At the time, AND IF They meet at least one (1) of the following conditions:
- They received a work permit which included the working state for a specific employer (or a group of employers) or at a workplace of a specific employer (or a group of workplaces):
- They meet this condition If they have been hired through the temporary foreign workers program (TFWP), the seasonal agricultural work program (SAWP) or the non -immigrant employment authorization program (NIEAP).
- They also meet this condition If they have been hired through the International Mobility Program (IMP) or another flow or immigration program and their work permit included the working state for a specific employer (or a group of employers) or in a workplace of a specific employer (or a group of workplaces).
- They meet this condition If they have been hired through the temporary foreign workers program (TFWP), the seasonal agricultural work program (SAWP) or the non -immigrant employment authorization program (NIEAP).
OR
- They were allowed to work in Canada Without a work permit because they were employed by a short -term foreign entity, or because they were employed personally by a person who was not a Canadian citizen or permanent resident. This category:
- understand Domestic workers, personal assistants or caregivers (nannies or peer in peer) who have entered Canada with their employers, or to reach their employers in the short term Canada;
- understand Accredited domestic workers employed personally by certain foreign representatives, such as ambassadors, high commissioners, heads of international organizations, special representatives or people occupying similar positions;
- does not include Persons employed by a foreign state or other foreign entity to work in an embassy, a high-commission, a consulate, a permanent delegation to a United Nations agency or a special representative office;
- does not include individuals employed by the United Nations, its agencies or an international organization of which Canada is a member.
People who meet these criteria are automatically included in the collective appeal. They are not required to do anything more to become members of the collective appeal. They will never have to pay legal fees resulting from the test.
If a person does not want to be included in the collective recourse, they can disengage collective recourse by August 27, 2025 has 4:30 p.m. at the latest. The means to withdraw and the consequences of doing so are explained in the detailed opinion to the members of the collective appeal:
https://www. recordescollectiveactions.quebec/fr/consulter/apercudemande?nodossier=500-06-001263-231
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1 The Attorney General of Canada challenges the qualification of the disputed provisions as “measures to keep the employer”, which come from the allegations of the association and the authorization. |
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2 Sometimes called migrant workers. |
Source Davies Ward Phillips & Vineberg LLP
