CLASS ACTION AUTHORIZED AGAINST CANADA ALLEGING UNCONSTITUTIONALITY OF "EMPLOYER-TYING MEASURES"(1) IMPOSED ON TEMPORARY FOREIGN WORKERS, INCLUDING EMPLOYER-SPECIFIC OR "CLOSED" WORK PERMITS
The Association argues that "employer-tying measures"1 imposed on temporary foreign workers2, including employer-specific work permits or "closed" work permits, breach sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms. The Association asks that certain provisions of the Canadian Immigration and Refugee Protection Regulations be declared unconstitutional, and that Charter damages (monetary compensation) be paid to all members of the class action.
The Attorney General of Canada contests the merits of the class action, which will be determined by a trial to be scheduled at a later time.
A person is automatically a member of this class action IF they worked in Canada after April 17, 1982 without having been a Canadian citizen or a permanent resident of Canada at the time, AND IF they meet at least one (1) of the following conditions:
They were issued a work permit which included the condition of working for a specific employer (or group of employers) or at a specific employer's workplace (or group of workplaces):
They meet this condition if they were hired through the Temporary Foreign Workers Program (TFWP), the Seasonal Agricultural Worker Program (SAWP) or the Non-Immigrant Employment Authorization Program (NIEAP).
They also meet this condition if they were hired through the International Mobility Program (IMP) or another immigration stream or program and their work permit included the condition of working for a specific employer (or group of employers) or at a specific employer's workplace (or group of workplaces).
OR
They were authorized to work in Canada without a work permit because they were employed by a foreign entity on a short-term basis, or because they were employed in a personal capacity by an individual who was not a Canadian citizen or permanent resident. This category:
includes domestic workers, personal assistants or caregivers (nannies or au pair) who entered Canada along with their employers, or to join their employers for a short-term in Canada;
includes accredited domestic workers employed in a personal capacity by certain foreign representatives, such as ambassadors, high commissioners, heads of international organizations, special representatives, or individuals occupying similar positions;
does not include individuals who were employed by a foreign State or other foreign entity to work at an embassy, a high commission, a consulate, a permanent delegation to a United Nations agency, or a special representative office;
does not include individuals employed by the United Nations, its agencies or an international organization of which Canada is a member.
Individuals who meet those criteria are automatically included in the class action. They are not required to do anything further to become members of the class action. They will never have to pay legal costs arising from the class action.
If a person does not want to be included in the class action, they may opt out of the class action by August 27, 2025 at 4:30 PM at the latest. The means of opting out and the consequences of doing so are explained in the detailed notice to members of the class action:
https://www.registredesactionscollectives.quebec/fr/Consulter/ApercuDemande?NoDossier=500-06-001263-231
1 The Attorney General of Canada contests the qualification of the challenged provisions as "employer-tying measures", which comes from the Association's allegations and the authorization judgment.
2 Sometimes referred to as migrant workers.
View original content:https://www.prnewswire.com/news-releases/class-action-authorized-against-canada-alleging-unconstitutionality-of-employer-tying-measures1-imposed-on-temporary-foreign-workers-including-employer-specific-or-closed-work-permits-302486361.html
SOURCE Davies Ward Phillips & Vineberg LLP
View original content: http://www.newswire.ca/en/releases/archive/June2025/28/c4152.html
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 hours ago
- Yahoo
WARMINGTON: Veteran ignites debate by challenging Nova Scotia's $25G fine for woods walk
For those wondering if Nova Scotia Premier Tim Houston was serious about fining citizens $25,000 for taking a walk in the woods, meet the first person to receive one of those lofty fines. His name is Jeff Evely – and he's extremely serious himself. There wasn't a challenge he wasn't up to facing while serving with the Canadian Armed Forces in Afghanistan in 2009 and later in Iraq in 2019. He understands what it's like to go to war and come home with scars. The Air Force veteran of 20 years worked in the unarmed aircraft unit, which meant, 'I would see our young soldiers die at night and watch them get loaded on planes in caskets in the day.' Needless to say, he suffers from PTSD. 'I saw more Canadians loaded into Hercs than most,' he said. 'So, I understand the price and cost of freedom.' And when someone is being told they will face a fine for walking in the forest, he admits he does not approve. 'I fought it last time they did that and I am fighting it this time,' he said. 'It's just a walk in the woods.' On his X account, he posted a video of himself on his own property and then later 'at the ministry office eight minutes from my house' near Sydney, Nova Scotia, where he gave a heads up to the provincial environmental officers that he was going to go into the woods across from their building on Friday. They warned Evely not to do it or he would be fined. He did it and they gave him a ticket for $28,872.50. 'Seems there are taxes and fees and victim sure charges,' Evely said with a chuckle. He feels the people of Nova Scotia and Canada are victims of government overreach and tyranny. The Nova Scotia government's 'stay out of the woods order' comes across to many as Orwellian. There was no order to not sell matches or lighters or ban chainsaws or cooking stoves or to throw the book at actual arsonists with stiffer sentences. Just a sweeping ban on law-abiding people and their movements. 'It's about human dignity,' said Evely, who believes banning citizens from going for a walk in the woods on the premise that they could start a fire is unconstitutional. The JCCF (Justice Centre for Constitutional Freedoms) agrees with Evely and he said they'll will help him battle this out in court. Having covered veterans in foreign wars, my suggestion to Houston would be to drop this case immediately and not to do to this to a veteran who has to live with the horrors of war. It would be better to alter the message and rules to simply tell people not to have campfires or smoke while in the woods instead of effectively locking them down. Going into the wilderness is a right of passage in Nova Scotia – not just for a Canadian veteran but for everyone. There are ways to prevent forest fires, but taking away freedoms should not be one of them. Evely is prepared to lose his shirt to try to make this point. Feeling people lawfully and respectfully hiking in the woods are not going to start a forest fire, he said his goal is to fight back against 'do as I say or else' authoritarian-style government that goes beyond common sense. That's why veterans like himself fought – and often died – in wars. WARMINGTON: New statue is turning heads while reminding that cancelling history cancels freedom WARMINGTON: Sir John A. Macdonald was set free and now the guy who wanted him freed is too WARMINGTON: Historic Emergencies Act ruling vindicates Freedom Convoy truckers Evely said he harbours no ill will for the provincial officers who laid the charges. 'They are just doing their jobs' and 'I told them it was not personal' and 'we shook hands when I left,' he explained. But Evely will see them in court. The Houston government maintains the ban on entering forests is necessary given the hot, dry conditions throughout the province. Evely says he believes in staying on top of leaders who overstep their authority in treating people like they are enslaved. Either way, a fire has started in Nova Scotia – if not one in the forest, one in the courts. jwarmington@
Yahoo
5 hours ago
- Yahoo
Canada joins allies in lowering price cap on Russian oil
TORONTO (Reuters) -The Canadian government said on Friday it will join some of its closest allies in lowering the price cap for Russian oil over its continued war in Ukraine, the country's finance department said in a statement on Friday. Canada will lower the price cap for seaborne Russian-origin crude oil to $47.60 from $60 per barrel, the statement said. The price cap move brings Canada in line with the European Union and the United Kingdom, who announced in July they would lower the cap as they target Russia's oil revenues and ramp up pressure on Moscow over the war. 'By further lowering the price cap on Russian crude oil, Canada and its partners are ratcheting up the economic pressure and limiting a crucial source of funding for Russia's illegal war," Finance Minister Francois-Philippe Champagne said.
Yahoo
7 hours ago
- Yahoo
How Canadian Wildfire Smoke Is Jeopardizing Health Across North America
(Bloomberg) -- The hazy air hovering over US metropolises, including Chicago and New York, this summer is reminding Americans of just how connected they are with their northern neighbor, regardless of how much relations have deteriorated under President Donald Trump. New York Warns of $34 Billion Budget Hole, Biggest Since 2009 Crisis All Hail the Humble Speed Hump Three Deaths Reported as NYC Legionnaires' Outbreak Spreads Mayor Asked to Explain $1.4 Billion of Wasted Johannesburg Funds A New Stage for the Theater That Gave America Shakespeare in the Park Canadian provinces have evacuated towns and struggled to contain the second-worst wildfire season in 30 years, while residents of some US cities have endured unhealthy air as smoke from the blazes wafts across the border. The scenes of smoke-choked cities are reminiscent of 2023, when skies turned orange over New York City amid what was Canada's worst wildfire season on record. They also come as the US West's wildfire season worsens, with blazes burning in California, Arizona and Nevada, and France deals with the fallout from its worst fires in seven decades, including smoke-damaged grapes across wine-growing regions. The cross-border smoke drifting from Canada to the US, though, poses a particularly unique geopolitical issue. With climate change increasing the odds of extreme fire weather, it could mean more seasons of flames and smoke ahead. But there are ways to reduce forests' flammability. What's happening with the fires right now? As of Friday, 718 active fires are burning across Canada, nearly 500 of which are out of control. Wildfire activity kicked off in Canada's prairie provinces in May with Saskatchewan and Manitoba declaring emergencies. Major fires also broke out in the western provinces of British Columbia and Alberta, with one blaze in the oil sands region temporarily curtailing about 350,000 barrels a day of oil production. Since then, fires have spread across the country, burning as far east as Newfoundland. In 2023, fires in provinces including Quebec were the source of much of the smoke that blanketed the eastern US. Now, fires in the Canadian prairies are the source of much of the smoke drifting into the US Midwest. Canadian fires burned a total of 7.2 million hectares (17.8 million acres) of forest as of Friday, the second-largest extent in records extending back to 1972, according to Canadian Interagency Forest Fire Center and Natural Resources Canada data. The 2023 season set the record with 14.6 million hectares burned and included fires so intense that they smoldered underground for the winter. How does wildfire smoke affect air quality and health? Air pollution of all forms can be detrimental to health, but the tiny particles in smoke are particularly pernicious. Wildfire smoke is 10 times as toxic as regular air pollution, according to researchers at Stanford University. Soot and other small particles can lodge in crevices of organs, including lungs and arteries, and cause inflammation, according to Vin Gupta, a practicing pulmonologist and medical spokesperson for the American Lung Association. Chronic smoke exposure can contribute to asthma, cancer, dementia and even cause death. Those with preexisting health conditions, the elderly and very young are particularly at risk. A study published in June looking at US Medicare recipients found wildfire smoke exposure led to more than 20,000 additional heart failure cases a year. Pregnant women exposed to wildfire smoke showed a higher risk of premature birth and low birth weight in newborns, according to a 2023 study focused on Australia. How do we measure air quality? Air quality is typically measured using an index that standardizes the concentration of pollution in a given location. Stations around the world continuously take samples and provide real-time updates. We know, for example, that the air quality index, or AQI, hit 161 in Duluth, Minnesota, on Wednesday as smoke pushed into the region. While an AQI below 50 is considered good air, anything above 151 is considered unhealthy and will likely have some impacts on the general public. Anything that climbs above 300 is likely to affect nearly everyone breathing the air, while readings between 101 and 150 are considered unhealthy for sensitive groups, including children and older adults. In areas where the most intense fires are burning, the AQI climbed as high as 500 on Thursday. State and provincial governments track air quality, as do national governments in both countries. The data used to create AQI readings comes from air monitors found in a variety of locations, ranging from schools and businesses to TV stations. Some are used to track air quality near roads or sites prone to pollution, such as petrochemical facilities. How have the fires affected international relations? Wildfire smoke is worsening relations that were already at their lowest point in decades after Trump imposed tariffs on Canada early in his term and repeatedly referred to the country as the 51st state. A chorus of Republican lawmakers from the Midwest has complained about the smoke. That includes six members of Congress who wrote a letter to Canada's ambassador to the US last month claiming a lack of active forest management was driving the 'suffocating' wildfire smoke their constituents were dealing with. State-level lawmakers have also voiced concerns. In response, Manitoba Premier Wab Kinew accused the US lawmakers of 'trivializing' the explosive blazes, while praising US firefighters who are assisting Canadian efforts to control the blazes. Are Canada's forest management practices to blame? Canada is exceedingly efficient in fire monitoring and control compared to the US, said Mark Ashton, a dean of Yale University's Forest School. But Canada's massive swaths of forested land, a sparse population and limited infrastructure mean the country is constrained in its ability to respond to all blazes. 'In the most remote, difficult to access regions, you have no choice but to monitor and let burn,' Ashton said, adding that such an approach is pretty much the same strategy used in remote areas of Alaska. Indeed, of the roughly 500 uncontrolled blazes in Canada, 305 were being monitored. Still, the country lacks a consistent approach to assessing risk, one that guides wildfire responses, and funding for wildfire prevention, mitigation and preparedness hasn't kept up with an increasing need, researchers wrote a 2020 study. Is there anything more that can be done to prevent or limit fires? Canada has been making some changes to its approach to wildfires, including integrating Indigenous cultural burning practices and, in British Columbia, planting more broadleaf trees that don't burn as easily rather than conifers in areas where timber has been harvested near urban locations, said Stefana Dranga, a wildfire research officer at Natural Resources Canada. Canada is also borrowing techniques from the US, including the use of pre-defined strategic fire management zones, a tool for identifying land features that can stop or slow wildfires for suppression, she said. Cutting greenhouse gas pollution would also help lower the risk of explosive fires in the long term. The boreal forest stretching across northern Canada and other Arctic countries is particularly vulnerable to rising temperatures. 'The fires in the region have been amplified by changing climate that has increased the degree and length of these hot and dry periods,' Ashton said. While cutting greenhouse gas emissions to zero wouldn't immediately decrease fire risk, it would pay dividends in the decades to come. What will climate change mean for Canadian wildfires? The smoky summers are only poised to worsen in the years ahead as the globe gets hotter, according to Liam Buchart, fire weather specialist at Natural Resources Canada. 'As that warmth continues to build up in our climates, it's just making the fire season a bit more volatile.' Boreal forests sequester billions of tons of carbon. Yet as temperatures and fire risk both rise, that creates the risk that the forests go from being a carbon sink to a source of planet-warming emissions. In 2023, Canadian wildfires spewed out more carbon dioxide than the entire country of Mexico does in a year. That will have grave impacts on public health as well. 'We're girding for a reality where people will be sicker because more parts of the year will be warmer and exposure to the wildfire smoke will happen in unnatural times of the year,' Gupta said. 'It's not good for the body.'All expectations are that this is going to get a lot worse before there's any hope of it getting better.' The Pizza Oven Startup With a Plan to Own Every Piece of the Pie Digital Nomads Are Transforming Medellín's Housing Russia's Secret War and the Plot to Kill a German CEO It's Only a Matter of Time Until Americans Pay for Trump's Tariffs The Game Starts at 8. The Robbery Starts at 8:01 ©2025 Bloomberg L.P. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
