Photo credit: Minority rights group
A Quebec court on Friday gave the green light to a class-action lawsuit by a Guatemalan worker alleging that the closed work-permit system was rooted in direct discrimination based on race, ethnic origin and colour, violating the Canadian Charter of Rights and Freedoms.
“The Court finds that at this preliminary stage, while the threshold test is high, there is an arguable case that the employer tying measures are ‘clearly unconstitutional’ giving rise to a claim for refugees under the Charter,” the Supreme Court of Quebec Justice Silvana Conte wrote in certifying the legal action.
Migrant workers are, therefore, one step closer to getting their day in court to challenge part of Canada’s temporary foreign worker program as unconstitutional for restricting them to working only for their sponsoring employees.
The judgement comes as Prime Minister Justin Trudeau’s government has been facing criticism for the skyrocketing see of foreign temporary workers. The United Nations called the system a “breeding ground for contemporary forms of slavery.”
Although Friday’s court decision is just the beginning of what promises to be a long legal battle, advocates say they are happy the first hurdle has been cleared.
