Episode #186: Permission to Exploit #8: Knowing Your Rights and Options
In the eighth episode of the Permission to Exploit podcast series, we start talking about how to break the trap. This is where hope enters, but grounded in reality, and it all begins with knowing your rights and options. What workers can actually do? Supports, reporting, community organizations, and the Open Work Permit for Vulnerable Workers (OWP-VW).
We are joined by Karen, who experienced labour abuse in Ontario, and by Gabriel Allahdua, Outreach Worker and Mobilization Officer with the Association for the Rights of Household and Farm Workers (DTMF).
Permission to Exploit is a special series of the FCJ Refugee Centre’s Borderless Voices podcast, that combines lived experienced specialists and professional specialists’ insights to examine Canada’s closed work permit system, and the reforms needed to make it safer.
Hosted by Diana Caipa, Anti-Human Trafficking – Migrant Case Coordinator at FCJ Refugee Centre; and Jacob Basseches, Anti-Human Trafficking – Migrant Case Worker at FCJ Refugee Centre.
Episode Transcript
Welcome to a brand new episode of the ‘Borderless Voices’ podcast, presented by the FCJ Refugee Centre.
‘Permission to Exploit’: The System Behind the Exploitation of Temporary Foreign Workers
When your immigration status as a temporary foreign worker depends on your employer, the power shifts. ‘Permission to Exploit’ is a podcast that combines expert insights with lived experiences and the perspectives of professional specialists to examine Canada’s closed work permit system and the reforms needed to make it safer.
Episode 8, knowing your rights and options: support, reporting, community organizations, open work permits for vulnerable workers.
In this episode of ‘Permission to Exploit,’ we explore what happens when workers begin to realize that they are not alone.
After experiencing abuse, fear, or uncertainty, many temporary foreign workers still do not know what rights they have or where to turn to for help.
This episode looks at the role of community support, reporting options, and the open work permit for vulnerable workers as pathways out of exploitation.
My name is Jacob Basseches, and I’m an Anti-Human Trafficking Migrant Case worker at FCJ Refugee Centre.
Today we are speaking with Karen, who experienced labour abuse right here in Ontario.
J: Hi, Karen.
K: Hi.
J: Do you want to introduce yourself?
K: First of all, thank you very much for having me here. I believe that it’s crucial that we talk about these experiences because, from the outside, people often assume that they don’t happen or fail to recognize them. So yeah, my name is Karen and thank you so much for this space.
J: Of course. And thank you for lending us your voice. So my first question is, at the time that you were experiencing problems at work, did you know that you had rights in Canada? And did you know specifically what those rights were?
K: Well, at the beginning, I didn’t fully understand my rights as a worker. Also, we didn’t have any guidance from the company that I worked in. I knew some basic things, but I didn’t realize how much protection I actually had, especially as a migrant worker with a closed work permit, to be honest.
J: I see. And how did you first find out that there were people or organizations that could help you deal with your situation?
K: Well, I started talking with other co-workers about the abuses and experiences that we were having in the workplace in this company. So we came to find that there were some organizations, not one in specific, but some of them. One of them said to me, you know, Karen, these people, this organization is really good for you to talk to them, because I see that you are having the same problem as me. So he shared all the contact information from FCJ. And then, that’s what I made the decision to talk to these people and get some help.
J: Got it. And before you spoke with FCJ, and before you had this information, do you think that your employer or your supervisors used your lack of knowledge about your rights to kind of get you to do more than you perhaps needed to do, or to put up with situations that you otherwise wouldn’t have put up with?
K: Of course. Absolutely, yes. I can certainly say that that’s the way that it was, for sure. They take advantage of every single situation and ignorant episodes in people. Yes.
J: Could you give me any examples of that, if you can think of any?
K: The first one that came to my mind is when they said, “I know that you are supporting your family back home. So if you don’t do this, we will need to terminate your contract and then you will have to go back to your home country.” That’s what they usually said to us.
J: Wow. So that relates to the question that I was about to ask… Before you reached out for help, what kinds of fears or concerns were holding you back?
K: A lot of them. Unfortunately, we go through so much thinking, and I was, of course, so afraid of losing my job, because for sure nobody is expecting that you will have such a bad treatment from the bosses, and they will not be professional at their workplace. The first thing [is] that we don’t want to have any problem, for sure. And with a closed word permit, I can feel that is a more complicated thing without getting the right information, for sure. And we feel like we don’t have many options. So fear can stop you from speaking up and actually getting the attention and the information that you might need to change those inconvenience, I would say.
J: I see. And what changed for you when you did realize that you had options and that you weren’t alone and that you didn’t necessarily have to put up with the treatment that you were experiencing?
K: I felt more confident for sure. I was so happy. I feel less alone knowing that there were resources and people who could help me and gave me the strength to think about my future differently. So for sure it’s a very positive impact.
J: Can you talk about a little bit about how you see your future differently now because of what you’ve been through?
K: Yeah, I will say that… It’s so many things, you know… I have a brainstorm right now, by I know that I got to pick up one answer. I will say that, in my case, specifically because I have kids, everything is about them. Everything is about that. They will have more options. They will grow up differently and getting the same, I would say, the same circle of… I would say, how can I explain this? Knowing that my kids are going to have a better future is the most priceless thing that I will have after all these things are done.
J: Yeah, that makes sense. What single piece of support or kind of support made the biggest difference for you?
K: Information is the key. Without information, we do not know where to go. But when you are informed, when you get the right information and the right people, you know where you can go.
J: Yeah. Information is crucial. In light of that, imagine, if you will, that another worker is listening to this recording right now and they’re in a situation where they feel trapped and afraid to ask for help like you did. What would you want them to know?
K: I would like to let them know that they are not alone. That there are people and organizations that want to help them. Don’t be afraid to ask questions. Learn about the rights that we have here in Canada and look for help, because, like I said, we’re not alone.
J: Yeah, and that’s the biggest thing that I’ve been hearing from other people that have been in this situation, that you have to ask for help in order to receive it a lot of the time. Is there anything else that you’d like to add on the topic of knowing your rights and your options?
K: Well, I will say that… about the last question, the last answer that I shared already, I will add that… Because I have been there, right? Since my experience, I would say that even though the bosses seems or they treat you like you don’t have any option, just always look for help. Because when we are in this kind of, I would say, threatened, we never think that somebody is going to help, that somebody is going to listen to us. And the most important thing is to look for help and get the right information.
J: All right. Thank you so much, Karen.
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Jacob Basseches: We’re here again today with Gabriel Allahdua. He’s an author, an activist, and a former migrant worker. Welcome, Gabriel.
Gabriel Allahdua: Thank you for this wonderful opportunity.
J: Before we begin, how would you like us to introduce you to our listeners in one or two sentences?
G: I am a former migrant farm worker, and being a farm worker in Canada means working and living in very, very difficult conditions. And there are lots of things that they do not tell us. Canada is very complicated, but I’m so happy to say that there are lots of groups out there that adhere to provide support and guidance to workers.
J: All right. For many migrant workers who are experiencing abuse, what are the first rights or protections that they should know about that they have here in Canada?
G: Being a migrant worker, basically the government set you up to fail. And in 2024, the UN described that arrangement that Canada has. It’s the breeding ground for contemporary forms of slavery. And I call it DET. Being a migrant worker: DET. You’re Denied basic human rights. You’re Excluded from labor protections, And you’re Tied to your employer. So the government set you up to fail. And lots of workers have experienced abuse and bad treatment. And you do not have the same rights and protection as Canadians. However, there are a few protections that you have. And the good thing is there are communities out there, there are organizations out there to provide support and guidance.
J: So what are a few rights or protections that they do have that they should know about?
G: A few rights and protections… One, if you’re facing abuse or if you’re in a difficult situation, you can apply for an open work permit for vulnerable workers. And basically, the government is giving you an open work permit to get out of an abusive situation. It’s not a permanent cure. It does not address all the issues. However, it’s like a band-aid to a problem.
J: What role do community organizations and worker support groups play when someone is trying to leave an abusive situation?
G: Being a migrant worker means that you depend on your employer for every… You’re totally dependent on that employer. The employer controls every aspect of your life. Can you trust that person who’s abusing you to help you? No. And that is where community organizations come in. They are the ones who build trust, and they’ve supported thousands of workers in the past, so they’ve built trust. They know of the opportunity. They know of the vulnerabilities that workers face, and they know the avenues that they can provide guidance and support. So trusted community partners, they are the safest hands that can guide workers out of their difficult situations.
J: So let’s pretend that you’re a worker. How are they supposed to connect with these community organizations or worker support groups? Sometimes their internet access is being monitored by the employer, Or perhaps they don’t even speak English. How are they supposed to know to connect with these organizations or where to find them?
G: Beautiful. That’s a million-dollar question, because Canada is so big. And being a worker, you live in isolated, very isolated areas. You live on the farmer’s property. The farmer controls every aspect of it. How do you get connected? It varies depending on your community. Some people, they get connected by going to church. Some people, they get connected by going to social events. Some people, they get connected by referrals, by building a network of workers who know, especially the workers who’ve been coming year on year. They have an idea of the groups that are out there that are fighting. And yes, there are quite a few different ways. It just depends on exactly where you’re located.
J: That’s a great answer. And many workers fear that reporting abuse will lead to them losing their jobs or even being deported. And a lot of times that’s what the abusive employer is threatening will happen. How real is that fear?
G: Yes. Being a migrant worker, every aspect of your life is being controlled by that employee. Every aspect of your life. And being a former farm worker myself, the employees control the travel agency that’s booking our flights in and out of Canada. So speaking up, it means that you’re putting yourself at risk of being sent back home. In fact, there’s a high power imbalance. The employer can terminate your contract without cause. So far less if you speak up. So that puts you really, really at risk, because you depend on that person for housing. You depend on that person for work. You depend on that person for everything. So that’s real, real risk. So that is where the trusted community partners comes in. They know of your situation, your difficulty, and they have the ways, the means, and the network to take care of your vulnerability and help guide you out of your difficult situation.
J: Can you explain a little bit more about what the open work permit for vulnerable workers is and how it would help a worker to leave an unsafe employer?
G: An open work permit is different to a closed work permit or a tied work permit. Generally, when migrant workers come to Canada, we have a tied work permit or closed work permit. What does that mean? You can only work for one employer. As I said, I don’t know if the word “employer” is the right one, because you’re tied to someone who controls every aspect of your life. That’s not an employer. That’s more than an employer. You’re tied to that person who controls every aspect of your life. But open, what does open mean? Open work permit allows you to work with any company anywhere in Canada that’s willing to employ you. And open means that if you have an open work permit, that means that you can move away from the employer’s housing so you are not tied to that person. So you can move away out of that abusive situation. So what does open work permit mean? It is that tool that takes you away from being tied to one employer. So the open work permit for vulnerable workers is a tool used to get people out of abusive or difficult situations.
J: What barriers still exist that make it difficult for workers to access protections or even programs like the open work permit for vulnerable workers?
G: Some of the barriers are, one, to apply for an open work permit for vulnerable workers, you must have evidence that you’re being abused or you’re having bad treatment. Having evidence is one serious, serious barrier. And increasingly, for example, the phone, the telephone is a great tool to gather evidence. But increasingly we are told not to use the phone at work and that is a significant barrier. Other barriers would be co-workers who witness the abuse or the bad treatment. They might be fearful of serving as witness. These are significant barriers and it really puts the burden, the high burden on the workers to prove their difficulty. And already, already the program denied, excluded and tied. Already you’re set up to fail and yet still they expect you to come up with evidence and whereas the program is designed to set you up to be exploited to fail. So these are just some barriers. Other barriers and other hindrances, if you get the open work permit itself, it’s for one year or less. That’s a discouragement. And it cannot be renewed. So that’s a dead end. So it becomes more like a punishment rather than a tool to liberate you and to get you genuinely get you out of that difficult situation.
J: If a migrant worker is listening to this podcast and they think they might be experiencing abuse in their job, what is the safest first step that they should take?
G: The safest first step is to get connected to a trusted community organization, community partner. Depending on where you are, you can get connected through a church. Depending on where you are, there are community organizations having social events. Depending on where you are, there might be workers who’ve been coming year in, year out, and most likely they would know or hear about these organizations. And also online, there are different groups like the FCJ Refugee Centre, that’s a trusted partner. Justice for Migrant Workers is another trusted partner. Migrant Rights Network. These are just three organizations in Ontario, but across Canada there are different organizations that do help, genuinely provide help to migrant workers.
J: Is there anything else you’d like to say regarding knowing your rights, either to policymakers listening, or to workers listening, or just to the general public?
G: Yes, a couple of things. One, the current system that Canada has, I call it DET, Denied, Excluded, and Tied. In 2024, the UN concluded that that arrangement is the breeding ground for more contemporary forms of slavery. In the past, Canada has gone above and beyond to protect the rights of people, the freedom of people, and I call that DDT. People from Europe, Canada said, we will not deny you freedom. People from Europe, Canada told them, we will not deny your rights. People from Europe, Canada told them, we will not tie you to an employer. So Canada told them, we will not deny your rights, we will not deny your freedom, we will not tie you to an employer. How did Canada ensure that? By granting them status upon arrival. So to the average Canadian, status means, when you tell a Canadian about status, it means the ability to live in Canada. Yes, it means that. But to a worker, what does status mean? Status means, if I have status, I have an open work permit. I can work anywhere. I’m not tied to my employer. Not being bound to somebody who can exploit you, it liberates you. All those things that you are denied, if you have status, the things that you are denied automatically disappear. The things that you are excluded from, automatically they disappear. And the person that you’re tied to, it automatically frees you from that. So status upon arrival is a powerful tool. And that is why people who genuinely want better for migrant workers, they lobby for status upon arrival. And as I said, this is something Canada has done in the past. And what is that tool? It ensures that people are protected. Their rights, their freedom are protected. And that’s the best tool that people who genuinely want migrant workers to be protected from their vulnerability, to grant them that tool, which is status.
J: Alright, thank you very much.
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Knowing your rights doesn’t remove the risk, but it changes the balance.
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