Thank you for the opportunity to appear before you today.
I wish you all a happy International Workers' Day. It is fitting that I will be speaking about the impacts of the COVID-19 crisis on some of the most vulnerable workers in Canada, migrant and undocumented workers.
I am representing the Migrant Workers Centre, a non-profit organization based in Vancouver that is dedicated to legal advocacy for migrant workers. Established in 1986, the organization facilitates access to justice for migrant workers through the provision of free legal advice and representation, public legal education, law and policy reform, and test case litigation.
Migrant workers grow the food we eat and make sure that it reaches our shelves. They build our homes, schools and workplaces, and keep these spaces clean and safe. They take care of our children, the elderly, those who are sick and those with disabilities. They are some of the heroes we have been applauding every night: the health care workers, and the grocery store clerks, the cleaners, the care workers, the truckers and the agricultural workers. The COVID-19 crisis has shown us how essential these front-line heroes are and the level to which our society depends on migrant workers to perform these low-wage jobs.
In order for temporary foreign workers to apply for a work permit in Canada, the temporary foreign worker program requires that they must first secure a job offer, employment contract, and labour market impact assessment from a Canadian employer. This process can take anywhere from seven to 12 months.
They receive work permits that authorize them to work for a single employer, in a single job and in a single location. If they lose their job, they have to start the process all over again. In the meantime, they can’t work.
This system makes migrant workers uniquely vulnerable to abuse. They often face low wages, unsafe working conditions and overcrowded housing. They don’t speak up, for fear of losing their job. The COVID-19 pandemic has only exacerbated their vulnerability.
Our organization has heard from hundreds of migrant workers since the start of the COVID-19 pandemic. These workers are at risk of becoming undocumented because of this crisis. To date, Immigration, Refugees and Citizenship Canada has failed to offer any solutions for migrant workers.
We're seeing more temporary foreign workers losing their jobs, and they can’t work because they have employer-specific work permits. These workers want to work. We have clients who are health care workers who want to be on the front lines of the crisis, but they can’t. We have clients who want to work on farms, but they can’t.
Temporary foreign workers who are losing their jobs can’t secure a new labour market impact assessment to renew their work permit.
If a migrant worker has lost their job due to COVID-19 and still has status in Canada, they can apply for the CERB. However, if their work permit expires, they lose status in Canada and they become ineligible for the CERB.
If they lose status, they are in an impossible situation. They can’t work to support their families, they can’t apply for employment insurance without status, they can’t apply for the CERB without a SIN, and they can’t leave Canada. We've had numerous workers in this situation approach our office and we've had to tell them that there are no viable legal options for them to work or to renew their status, or for income support during this crisis.
I will now turn to my three recommendations.
One, during the pandemic, every worker in Canada should have equal access to the CERB and health care. Open up the CERB to people with expired social insurance numbers. Issue a temporary SIN to anyone who applies for the CERB, which can be done by suspending the requirement for a work permit in order to get one.
All workers should be treated equally in our country regardless of their country of origin or their immigration status. All workers impacted by COVID-19 should be able to apply for the CERB.
Two, workers need an open work permit to be able to work in the jobs that are available during the pandemic and to maintain their status in Canada. Immigration, Refugees and Citizenship Canada should automatically renew their work permits to an open work permit.
Workers with secure status will be less afraid to speak up about any health and safety concerns in their workplaces, which will reduce the spread of COVID-19. Many COVID-19 outbreaks have been in workplaces that rely in part on temporary foreign workers. We’ve all seen the media reports about these continuing outbreaks.
Three, Immigration, Refugees and Citizenship Canada should create a new permanent residency program for migrant and undocumented workers and allow them to apply for an open work permit while they're waiting for their applications to process.
Even though they are performing essential work that Canadians depend on, many of these workers have no way of becoming permanent residents of Canada. The only way to come out of this crisis is to do it together and ensure that no one is left behind. Migrant and undocumented workers are the heroes doing the dangerous jobs and putting their lives on the line for us.
Thank you.