“Today’s Supreme Court of Canada's decision regarding the Safe Third Country Agreement (STCA) is a partial victory for advocates for asylum seekers' rights.
The Canadian Council for Refugees, Amnesty International, Canadian Council of Churches and others challenged the Liberal government in the Supreme Court stating that the STCA violates Section 7, related to right to life, liberty and security of a person, and section 15, related to equality rights within the Canadian Charter of Rights and Freedoms.
In their decision, the Supreme Court of Canada stated that Section 15 on equality rights are just as important as every other human right and ruled that this challenge to the STCA should be sent back to the Federal Court for determination.
In particular, girls, women and 2SLGTBQIA+ people fearing gender-based persecution are adversely affected by the Safe Third Country Agreement. Even the government’s own lawyers acknowledged that the recent expansion of the STCA could increase the risks of human trafficking and sexual violence often disproportionately targeted at migrant women, girls, and 2SLGTBQIA+ people. They further noted that an urgent exemption for those faced with gender-based persecution is needed.
Hill Times: ‘Structural solutions not inflammatory conclusions’ required to fix foreign worker program: Senator Omidvar
NDP MP Jenny Kwan (Vancouver East, B.C.), her party’s immigration critic, said the UN report should come as no surprise to the government, as it echoes “what migrant workers and labour advocates have been saying for a very long time.”
NDP MP Jenny Kwan says the power imbalance that leads to abuse is structural to the temporary foreign worker program, not just its low-wage stream. The Hill Times photograph by Andrew Meade
“The way the program is set up exposes workers to exploitation and abuse because they’re reliant on their employer to retain their status in Canada,” Kwan explained. “If they face abuse and exploitation and complain about it, they stand to lose their job, and—in the worst-case scenario—they stand to be deported back to their country of origin.”
Kwan said the government has taken a “haphazard approach” to addressing problems with the TFWP to date, focused almost solely on the low-wage stream, but—while misuse of that stream is “particularly deplorable”—she said the root of the problem is structural to the entire program.
“The government has to address the main structural issue, and that is the power imbalance that exists between the temporary foreign worker and the employer,” Kwan said. “The only way to do that is to ensure that the temporary foreign workers actually have landed status on arrival, then they are not dependent on the employer, and would not have to suffer potential abuses and exploitation.”
“It doesn’t matter what stream it is, all the temporary foreign workers programs subject migrant workers to potential exploitation because of that power imbalance,” Kwan said, adding, though, that the NDP supports calls to end the program’s low-wage stream.
While the government and groups like the Canadian Chamber of Commerce may reject the UN rapporteur’s characterization of the program, the recent Senate report found similar abuses within the program.
