A representative for Amnesty International Canada, Ketty Nivyabandi, has expressed concerns regarding the country's inadequate efforts to prevent the exploitation of temporary foreign workers who are bound to their employers through work visas. Speaking at an event organized by British Columbia's human rights commissioner, Nivyabandi highlighted the vulnerabilities faced by migrant workers due to their dependency on a single employer. This dependency often leads to severe exploitation, including living in overcrowded and unsanitary conditions, working in unsafe environments, and experiencing emotional abuse.
Nivyabandi stated, "These are not exceptions. It’s an inherently systemic issue that is really tied to the visa system." Amnesty International's report, released in January, emphasizes that Canadian authorities have known about the abuses within the temporary foreign workers program for decades but have failed to implement significant policy changes or eliminate closed work permits. The report identifies these visas as a primary factor contributing to labor exploitation and discrimination against migrant workers and urges the Canadian government to grant open work permits, allowing migrants the ability to change employers and jobs.
According to Nivyabandi, permitting migrants to switch jobs would impose greater accountability on employers, compelling them to adhere to basic human rights standards. The temporary foreign workers program in Canada has been in place since the 1970s, allowing employers to recruit foreign workers for temporary roles when qualified Canadian workers are unavailable, especially in sectors such as agriculture and food services. A United Nations special rapporteur's report from August characterized the program as a breeding ground for modern slavery.
Nivyabandi criticized Canada’s past attempts to reform the program, describing the changes as piecemeal, narrow, and insufficient. "We haven’t seen any sufficient steps that would really mirror the magnitude of what we have reported, the magnitude of what the special rapporteur has reported, and the magnitude of what migrant workers themselves have reported for years," she noted.
The Canadian government's response to Amnesty International’s findings emphasized that these issues are currently part of ongoing litigation, restricting their ability to comment further. The statement asserted that temporary foreign workers are entitled to the same employment standards, rights, and protections under federal, provincial, and territorial law as Canadian citizens and permanent residents. Additionally, the government highlighted efforts to improve the system, including stricter regulations mandating employers to provide temporary foreign workers with private health insurance and prohibiting them from charging or recouping recruitment fees. There are also limited options available for some workers to change jobs under specific circumstances.
Nivyabandi pointed out that the avenues available for job changes are often slow, complicated, and bureaucratic, making them unsuitable for migrants in urgent situations. In response to the government's intention to limit the number of workers in the program, she argued that this approach is not the solution. "Very clearly, what the numbers show us is that the program was designed for a temporary solution, but it’s actually a temporary solution to a permanent problem," she asserted, pointing out the doubling of temporary foreign workers in the past five years as evidence of ongoing demand.
She concluded by stating that the solution does not lie in reducing numbers but rather in regulating the program so that migrant workers can live with dignity, enjoy their human rights, and have the flexibility to change employers. The report serves as a critical call to action for Canadian authorities to take meaningful steps to protect the rights of temporary foreign workers and to foster a system that does not exploit their labor.
