Immigration and Employment Law

Question 1

what was the turning point for Immigration in canada?

Answer 1

the 1976 immigration act is seen as a turning point since it clearly outline the objective of Canadian policy, define refugees as a distinct class of immigrants and established new standards for assessing potential immigrants and determining admissibility

Question 2

how can foreign national work in canada?

Answer 2

a foreign national needs a work permit

Question 3

how can a foreign national works without a permit?

Answer 3

example: a business visitor to canada that seeks to engage in international business activities in canada without directly entering the canadian labour market

Question 4

what does it mean to not directly entering the canadian labour market?

Answer 4

it means that their primary source of remuneration for the business activities is outside canada and the principal place of business is outside of canada

Question 5

how to define if a foreign national is doing work in canada?

Answer 5

1. will they do an activity that a canadian citizen should have the opportunity to do?
2. will they be engaging in a business activity that is competitive in the marketplace?

Question 6

what are activities not considered work?

Answer 6

activities that don’t really take away from opportunities for canadian or permanent residents

Question 7

what is an open work permit?

Answer 7

allows any holder to work for any employer

Question 8

what is an employer-specific work permit?

Answer 8

the holder can only work for the name of the employer on the permit, for a certain amount of time and a certain location

Question 9

what are conditions imposed to employer?

Answer 9

must make reasonable efforts to provide a workplace free of abuse, during a period of 6 years be able to demonstrate that any information they provided was accurate and retain any document that related to compliance

Question 10

what are the 3 triggers for an inspection?

Answer 10

1. random inspection 2. reason to suspect 3. known in the past to have been non-compliant

Question 11

what is the foreign worker program?

Answer 11

employers can apply to determine if they can hire a foreign worker to fill labour/skills shortage on a temporary basis

Question 12

what is the international mobility program?

Answer 12

it enables a person to work (with an open-permit) for any employer for a specified period of time

Question 13

what is a vulnerable migrant worker? and what can it do

Answer 13

migrant worker on a valid employer-specific work permit who are experiencing abuse, they are eligible to receive an open work permit

Question 14

what can we learn from the Dominguez v northland properties corporations?

Answer 14

it was the first time in 2012 that Supreme Court has certified a class action by temporary foreign workers (made possible foreign workers to express and rise for themselves)

Question 15

what is it to be learn from the PN v FR case?

Answer 15

there is an issue with the fact that the police did not have jurisdiction since the abuser were in Hong Kong, that she could not work since she had a visitor’s visa and her application for a temporary residence permit has been denied (she can’t do anything)

Question 16

what is the issue with the canadian immigration system that is still there?

Answer 16

canada has made a shift toward promoting temporary migration rather than permanent migration making migrant workers dependent on their visa/employers, the rights of those workers are not enforced, and they don’t know them, migrants workers are also discriminate based on their skills category

Question 17

what is the conclusion we can get out of the canadian immigration system and employment?

Answer 17

migrant workers are being used to address labour demand that is NOT temporary, but we use temporary workers bc they have fewer rights and don’t know how to enforce the rights they do have to fill long-term jobs.