(2021) State restriction of workers’ rights to equality, liberty, security and access to justice through employer-tied labour (im)migration programmes: The Canadian example (original) (raw)
Related papers
Racism, Discrimination and Migrant Workers in Canada: Evidence from the Literature
2021
Canada is celebrated as a diverse, multicultural and inclusive nation, with many accolades to its name, and remains a destination of choice for many immigrants worldwide. It is described, similar to Australia and New Zealand, as a "settlement country," where settlement is an integral part of nation building and immigration an intrinsic component of the national heritage (Organisation for Economic Cooperation and Development (OECD), 2015). 1 In short, despite some challenges, Canada is lauded as a successful immigrant nation, and perceived, in terms of its skilled migration system, as a "benchmark for other countries," as supported by its strong integration outcomes (OECD, 2019). While the literature points to "cracks" in the Canadian immigration model, including "skilled" migration, overall it is widely considered as a model to be emulated by other Western industrialized nationsa phenomenon otherwise known as Canadian "exceptionalism" in the context of multiculturalism and immigration policymaking (Triadafilopoulos, 2021). 2 When it comes to examining racism and discrimination within the Canadian immigration system as a whole, authors point to certain areas that need particular attention, one of which centers, as per the focus of this paper, on temporary migration. 3 Indeed, on the subject of migrant workers, the literature is somewhat more tentative as to Canada's successes. Accordingly, authors raise concerns that there are "two Canadas," one of which is constituted by fault lines within temporary migration and defined by "zones of exceptionalism" characterized by substandard labour and social protections as well as restrictions on workers' mobility. 4 For the majority of authors, "race," "class," "gender," or "geography" (that is, country of origin), but also "skill level" and "entry class" combine with wider historical, and current structures of discrimination to shape the experiences of migrant workers and their migration experience today. The primary objective of this review is to identify and analyze potential markers of racism and discrimination in immigration policy that impact migrant workers in Canada, most specifically those in the Seasonal Agricultural Worker Program and the Caregiver Streams that are part of the Temporary Foreign Worker Program. The review also examines the International Mobility Program, albeit from a more limited perspective, due to a still nascent, yet fast-growing, literature on the subject. 5 Overall, studies and reports mostly focus on substandard conditions of labour, lack of access, or restricted access, to social services and permanent residence pathways that are typically available to workers from higher-waged and higher-skilled categories. Indeed, most of the literature, including reports from non-profit organizations, and parliamentary committees refer to issues of "abuse and exploitation" in temporary migration programs, including in specific segments of the International Mobility Program. 1 People born outside of Canada constitute approximately one-fifth of the Canadian population, one of the highest ratios in Western industrialized countries (Cheatham, Council on Foreign Relations, 2020). 2 See, as an example, Cheatham (2020) and Ugland (2018) writing on three Scandinavian countries seeking to "borrow from" Canada's immigration policies. See Reitz (2012) and Triadafilopoulos (2021) who point to flaws when it comes to depicting the Canadian immigration system as a "model." 3 In light of the growing numbers of temporary migrant workers, Hari and Liew describe "temporariness" as a "new norm" of Canadian immigration (Hari and Liew, 2018). 4 The issue of worker's mobility is tied to the employer-specific worker permit (see Section 3). 5 The Temporary Foreign Worker Program and the International Mobility Program constitute the two main arms of the temporary migrant programs in Canada. Advocates, like academics, point to the lack of information pertaining to the program compared to the Temporary Foreign Worker Program (Lynch & Aceytuno, 2021). They note, in addition to other issues, that the employerspecific permit represents a source of precariousness in both programs. project. I cannot thank him enough for all the qualities of precision, acuteness and kindness, and his infinite patience, which was instrumental in bringing this research piece to fruition. Mike has gone through various iterations of this paper, edited it, and made so many insightful comments on how to best equip the reader, and the text, with an anti-racism lens as it applies to policies and programs impacting migrant workers' lives, work, and broader experiences in Canada. Mike places research in its multi-dimensionality, and this richness of approach strengthens the anti-racism lens and the subtleties and nuances that describe it. Many hours were spent on reading drafts with exceptional detailed attention and always with so much composure, humility and humour. ACRONYMS CCR: Canadian Council for Refugees CPR: Canadian Pacific Railway The space for this report was, in large part, created as a result of the words above, and the initiative of a few members of the Research and Evaluation Branch. 9 "Race" is used in quotation marks throughout the text to highlight its socially constructed nature (see Section 1).
Atlantis Critical Studies in Gender Culture Social Justice, 2000
By investigating the effects of Canada's Non-Immigrant Employment Authorization Program on the "migrant workers" it recruits, this paper argues that concepts of "citizenship" and citizens rights organize social and legal practices that determine -and legitimize -who is entitled to certain "rights" and protections within the space controlled by national states and who is excluded. RESUME En faisant une enquetesur les effets que le Programme de permis de travail pour les non-migrants du Canada a surles travailleurs qu'il recrute, cet article soutient que le concept de "citoyennete" et les droits de citoyens organisent les pratiques sociales et legales qui determinent, et I6gitiment, ceux qui ont droit a certains "droits" et a certaines protections dans les limites du territoire controle par les etats nationaux, et ceux qui sont exclus.
SSRN, 2022
The migration of humans from one place to the other is a direct result of globalization. Globalization has resulted in permeable boundaries with a repercussion of a highly mobile labor force. Many European and American countries are popular points of destination among other Asian and African countries. Canada's multicultural environment and Express Entry Program attract many immigrants seeking employment opportunities. Often than not, research has indicated that instead of equality and advancement, black immigrants are often underpaid and face few opportunities for advancement. This qualitative study aimed to explore the perception of skilled Black immigrants' on how perceived inequality and workplace diversity in Canada could be managed. Johnson's polarity management, as adapted in Benet's Polarity of Democracy (POD), was the theoretical framework of analysis. Narrative inquiry elicited information through in-depth interviews of 10 purposively sampled Black immigrant participants who spent a minimum of five years in the workplace. Interview data were analyzed using qualitative data analysis software. The findings identified a perceived need for a paradigm shift from understanding diversity as a standalone concept to seeing workplace polarity as a better place to balance diversity/equality. This will address the ubiquitous challenge of paradoxes in diversity outcomes and have a positive implication for increased diversity in policy formulation and implementation.
2017
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Workplace Practice and Diversity In Canada: Employment Policy in Global Modernity
Think India, 2012
This paper argues that the major workplace inclusion strategies for accommodating diversity in Canada-including employment equity, affirmative action, pay equity, and diversity management-are part of a national development agenda that should be situated within a global dialogue on economics and pluralism, and this is a key to understanding and engaging sound employment policy and thus realizing social justice.
SSRN, 2023
Humans cannot live in isolation. The uniqueness of diversity is found when people form an association or integrate to solve a problem and build a stable community. Diversity is a perceived solution to problems involving inequality, discrimination, and oppression. Governments worldwide cannot avoid diversity due to globalization's multidimensional impacts. The purpose of this study is to explore perceptions of Black immigrant workers in Calgary, Alberta, Canada, to contribute to the knowledge of both crusaders and tradition-bearers to manage polarity and reduce perceived discrimination and oppression suffered by crusaders while providing traditionbearers with positive outcomes. This study is significant in that it will create a better understanding of diversity, with equality as a polarity and dilemmas to manage rather than solutions to workplace oppression. The polarities of democracy theory was this study's theoretical framework. The theory involves distinguishing between problems that require solutions and dilemmas that require management for the best possible outcomes. The target group for the study was Black skilled immigrant workers in Calgary who had emigrated to Canada through the Express Entry program Recruitment of 10 participants was done through professional associations in Calgary. A lack of support for and undue pressure on Black immigrants results in a tortuous integration process. Future uncertainty indicates the need to manage diversity and equality in tandem to maximize their upsides. Policymakers and implementers of diversity policy in any organization should consider and engage with the polarities of democracy and polarity management theories.
Equal Opportunities International, 2007
Purpose -The purpose of this report is to highlight findings from research presented at the 2006 Administrative Sciences Association of Canada conference in Banff, Alberta. Design/methodology -Ten papers, of interest to Equal Opportunities International readers, were selected from the proceedings and presentations made at the conference for this report. The papers themselves vary in terms of research design and methodology. There was a mix of conceptual/review papers and empirical studies, using both quantitative and qualitative methods. Findings -Findings from the empirical studies showed that women and minorities continue to face barriers in employment and the workplace. Women continue to experience gender role stereotypes detrimental to their careers, while minorities face both discrimination and harassment at work. Originality/value -Each of the papers selected demonstrated new insights, both conceptually and empirically, and contributes to the literature on diversity.
Employment equity policy in Canada: An interprovincial comparison
2000
Good public policy depends on good policy research. In recognition of this, Status of Women Canada instituted the Policy Research Fund in 1996. It supports independent policy research on issues linked to the public policy agenda and in need of gender-based analysis. Our objective is to enhance public debate on gender equality issues in order to enable individuals, organizations, policy makers and policy analysts to participate more effectively in the development of policy. The focus of the research may be on long-term, emerging policy issues or short-term, urgent policy issues that require an analysis of their gender implications. Funding is awarded through an open, competitive call for proposals. A non-governmental, external committee plays a key role in identifying policy research priorities, selecting research proposals for funding and evaluating the final reports. This policy research paper was proposed and developed under a call for proposals in April 1997 on the integration of diversity into policy research, development and analysis. While it is recognized that women as a group share some common issues and policy concerns, women living in Canada are not a homogeneous group. Aboriginal women, women with disabilities, visible minority women and women of colour, linguistic minority women, immigrant women, lesbians, young women, poor women, older women and other groups of women experience specific barriers to equality. Through this call for proposals, researchers were asked to consider these differences in experiences and situations when identifying policy gaps, new questions, trends and emerging issues, as well as alternatives to existing policies or new policy options. Status of Women Canada funded six research projects on this issue. They examine the integration of diversity as it pertains to issues of globalization, immigration, health and employment equity policies, as well as intersections between gender, culture, education and work. A complete list of the research projects funded under this call for proposals is included at the end of this report. We thank all the researchers for their contribution to the public policy debate. ACKNOWLEDGMENTS This project was completed with the generous support of the office of Status of Women Canada. We especially thank project officers Sarah Belanger and Julie Dompierre, and the entire office staff. We would like to acknowledge the expert research assistance of Shanti
2014
Immigration policy in Canada has increasingly been relied upon in order to meet shortterm economic objectives, while conversely, immigration outcomes have increasingly continued to decline. Programs such as the Temporary Foreign Worker Program and the Live-in Caregiver Program (LCP) were created in order to meet labour market shortages with a more flexible labour force. The potential of achieving permanent residency status through these programs provided the incentive for migrants to participate. However, the temporary status of migrants and the precariazation of their employment in a flexible labour market has contributed to increased levels of poverty, underemployment or unemployment, inequality, and social exclusion amongst Canada's immigrant population, with a disproportionate representation of women. This paper uses an intersectional framework to analyze the LCP as feminized work, revealing the intersecting inequalities of immigration status, gender, labour market participation, and racialization. The systemic exploitation and barriers to integration experienced by many migrants, premised on these intersecting identities, are inimical to Canada's long-term social and economic objectives. A comprehensive analysis of immigration policy and the LCP is explored in this paper, concluding with policy recommendations to address the poor working conditions of the LCP and the lack of support for migrants in the integration process.