A class action challenging Canada’s use of employer-specific “closed” work permits has been authorized by the Québec Superior Court, the Association for the Rights of Household and Farm Workers announced June 28.
The legal action, launched Sept. 13, 2024, alleges the permits violate sections 7 and 15(1) of the Charter of Rights and Freedoms, before a trial date is set.
Allegations on closed permits
The association contends that immigrants who worked in Canada since April 17, 1982, under programs like the Temporary Foreign Workers Program, Seasonal Agricultural Worker Program, Non‑Immigrant Employment Authorization Program or the International Mobility Program, were legally bound to specific employers.
It argues those restrictions infringe on their rights to life, liberty, security and equality. The action also includes short‑term domestic workers and caregivers hired through foreign employers, except those tied to foreign governments or international organizations abroad.
Seek for Charter damages
The suit asks that specific sections of the Immigration and Refugee Protection Regulations be declared unconstitutional and that class members receive Charter damages. The federal government opposes the claims; the court will decide after trial.
Affected workers meeting the criteria are automatically included. Those wishing to opt out can do so by 4:30 p.m. (EDT) on August 27, 2025, per detailed instructions in the official notice.
