About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

18 Canadian Lab. & Emp. L.J. 1 (2014-2015)
Silence Means Yes Here in Canada: Precarious Migrants, Work and the Law

handle is hein.journals/canlemj18 and id is 7 raw text is: Silence Means Yes Here in Canada: Precarious Migrants, Work and the Law Sarah Marsden* A growing number of workers in the Canadian labour force have precar- ious migration status as participants in authorized temporary work programs, or have no status at all. This article reports the findings of a study that interviewed precarious migrants in British Columbia, and employees of agencies which provided services to them, with a view to assessing the impact of migration status on their conditions of work and on the practical availability to them of legal protections set out in provincial legislation on employment standards, occupational health and safety, and workers' compensation. Data gathered from the interviews indicate that precarious migration status was associated with deskilling, decreased job security and mobility, illegally low pay and long hours, and various health and safety risks. Provincial laws and policies regulating the workplace do not exclude anyone from protection on the basis of migration status. However, federal law gives employers a great deal of employer discretion over the status of temporary foreign workers, aggravating the employer-em- ployee power imbalance and making those workers fearfid of seeking redress for violations of their rights under provincial law. The author suggests that local initiatives emphasizing the provision of access to services without fear for workers with precarious migration status, or with no status, can help to overcome their marginalization and recognize their place in Canadian society. 1. INTRODUCTION The increase in temporary labour migration into Canada, and the working conditions of temporary foreign workers, have been the sub- ject of much recent attention and debate in public and policy spheres. This article discusses the results of a study conducted with migrants and migrant-serving agencies in Vancouver, British Columbia, and which focused on the relationship of migration status to conditions of work as reported by migrants and on the availability of legal protections to these workers. Part 2 provides an overview of available federal data on the numbers and types of precarious migrants, and introduces the * PhD, Supervising Lawyer, Law Students' Legal Advice Program, University of British Columbia. I am grateful to the individuals who participated in the research study on which this paper is based, and to the peer reviewers and editor- ial staff who made the final version possible.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most