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"Silence Means Yes Here in Canada": Precarious Migrants, Work and the Law

Resource type
Author/contributor
Title
"Silence Means Yes Here in Canada": Precarious Migrants, Work and the Law
Abstract
A growing number of workers in the Canadian labour force have precarious 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-employee power imbalance and making those workers fearful 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.
Publication
Canadian Labour and Employment Law Journal
Volume
18
Issue
1
Pages
1-38
Date
2014
Journal Abbr
Canadian Lab. & Emp. L.J.
Language
English
Short Title
Silence Means Yes Here in Canada
Citation
Marsden, S. (2014). “Silence Means Yes Here in Canada”: Precarious Migrants, Work and the Law. Canadian Labour and Employment Law Journal, 18(1), 1–38. https://www.canlii.org/en/commentary/doc/2014CanLIIDocs374#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpA