Band-Aid on a Bullet Wound—Canada’s Open Work Permit for Vulnerable Workers Policy

Abstract

In June 2019, the Government of Canada implemented the Open work permit for vulnerable workers (OWP-V) policy, authorizing immigration officers to issue open work permits to migrant workers on employer-specific work permits if they demonstrate reasonable grounds to believe that they are experiencing abuse or are at risk of abuse in their workplace. Drawing on research conducted by a community organization on the impact of the policy, this article examines the policy’s potential to remedy the problematic effects of the employer-specific work permit and whether it has been implemented efficiently. Semi-structured interviews were conducted with organizations that provide direct legal and social support to migrant workers in Canada. Additionally, two datasets regarding the role of the OWP-V policy in IRCC’s employer compliance regime were analyzed. The research concludes that the OWP-V policy cannot be expected to counteract the high risk of abuse imposed on workers through the employer-specific work permit. Numerous barriers were identified that make it difficult for migrant workers to apply for the permit. The small number of OWP-V permits issued in proportion to the number of employers authorized to hire migrant workers makes it unlikely that the policy will significantly impact employers’ propensity to comply with the program conditions.

“It’s like We’re Still in Slavery”: Stress as Distress and Discourse among Jamaican Farm Workers in Ontario, Canada

“…2 To be re-employed under the program, SAWP workers must be called back by a previous employer and/or receive positive employer evaluations. This structural vulnerability creates a culture of fear that makes SAWP workers reluctant to refuse unsafe work, speak out for their rights, report abuse, or seek health care for fear of losing present and future employment (Depatie-Pelletier et al 2022). The SAWP offers no pathway for permanent immigration to Canada, and many workers engage in an annual cycle of circular migration and intense physical labour for decades.…”