Class Action Authorized Against Canada Over Temporary Foreign Worker Permit Restrictions
Ottawa, ON – June 28, 2025 – A significant legal development has occurred concerning the rights of temporary foreign workers in Canada, as a class action lawsuit has been authorized against the Canadian government. The lawsuit alleges that certain “employer-tying measures,” specifically the imposition of employer-specific or “closed” work permits, are unconstitutional.
The authorization of this class action, announced on June 28, 2025, allows for a broad group of temporary foreign workers who have been subject to these permit conditions to pursue legal recourse collectively. The core of the allegation is that these measures infringe upon the fundamental rights and freedoms guaranteed to individuals working in Canada.
Employer-specific work permits, often referred to as “closed” work permits, restrict a temporary foreign worker’s ability to change employers without obtaining a new permit. This system, while intended to facilitate labor market needs, has been criticized for potentially creating an imbalance of power between employers and employees. Critics argue that it can leave workers vulnerable to exploitation, with limited options if they face unfair treatment, poor working conditions, or wage discrepancies, due to the difficulty and often impossibility of switching employers quickly.
The lawsuit aims to challenge the constitutionality of these restrictions, suggesting they may violate principles such as freedom of association and the right to liberty and security of the person, as enshrined in the Canadian Charter of Rights and Freedoms. The plaintiffs’ legal team intends to argue that the current system unduly restricts the mobility and bargaining power of temporary foreign workers, impacting their ability to secure fair employment and live with dignity.
While the specifics of the legal arguments will unfold in court, the authorization of this class action represents a critical step for advocates of temporary foreign worker rights. It provides a platform for a significant number of affected individuals to have their concerns addressed and to seek a potential re-evaluation of the policies governing their employment in Canada.
The Canadian government has not yet issued a formal statement regarding the authorization of the class action. However, this development is expected to spark considerable discussion about Canada’s temporary foreign worker programs and the protections afforded to those who contribute to the Canadian economy through these initiatives. The outcome of this lawsuit could have far-reaching implications for the structure and regulation of temporary foreign worker employment in Canada.
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www.prnewswire.com published ‘CLASS ACTION AUTHORIZED AGAINST CANADA ALLEGING UNCONSTITUTIONALITY OF “EMPLOYER-TYING MEASURES”(1) IMPOSED ON TEMPORARY FOREIGN WORKERS, INCLUDING EMPLOYER-SPECIFIC OR “CLOSED” WORK PERMITS’ at 2025-06-28 12:00. Please write a detailed article about this news in a polite tone with relevant information. Please reply in English with the article only.