Beneath the allure of a promising, prosperous life in Canada, disturbing narratives unfold of migrant workers and international students trapped in the sinister web of labour trafficking.

By Aftab Ahmed

July 21, 2023

Labour trafficking, an atrocious form of human rights violation that lurks in the shadows of industries such as agriculture, hospitality, domestic work, and construction, undermines the dignity of individuals within Canadian borders. Described as modern slavery, this practice is complex and vastly underreported. It involves the recruitment, transportation, or harbouring of individuals for exploitation through various forms of work. Victims often emerge from vulnerable migrant communities, drawn into this net of extreme exploitation by fears of instability and precarious immigration status.

The Global Slavery Index reveals an alarming statistic: approximately 69,000 individuals live in conditions of forced labour or forced marriage in Canada. Yet, the real numbers are likely higher due to chronic underreporting. Between 2010 and 2020, 2,977 incidents of human trafficking were reported by Canadian law enforcement agencies, a figure that does not account for probable unreported cases.

Despite its lesser visibility compared to sex trafficking, labour trafficking widely infiltrates Canadian society. It affects migrant workers in sectors such as restaurants, hospitality, agriculture, food preparation, construction, manufacturing, and domestic work. Victims often suffer verbal, physical, and sexual abuse, work without pay, or are compelled to work overtime without compensation. Moreover, they are often forced to perform duties outside their contractual obligations.

A significant percentage of labour trafficking victims are found within seasonal employment, working under temporary permits. Recent immigrants, those residing in Canada for 10 years or less, constituted eight percent of the total employed labour force in 2021. However, their representation in specific sectors was disproportionate. They accounted for 13 percent of the accommodation and food services sector, 11 percent of the professional services sector, and 10 percent of the manufacturing and transportation sectors.

This underlines the inherent risks faced by such workers and underscores the urgency for implementing protective measures to curtail potential exploitation. In light of the federal government’s goal to welcome over 500,000 individuals by 2025 to bolster the labour force, it raises the question: Has the potential for increased labour trafficking in this demographic been sufficiently considered?

Specifically, a substantial surge of temporary foreign workers (TFWs) in the agriculture sector raises concerns about the potential risk for increased labour trafficking. In 2021, Canada welcomed an influx of 61,735 TFWs in the agriculture sector, a 11.9 percent increase from 2020. As the numbers continue to rise, the question arises: Are these demographic shifts making TFWs more susceptible to exploitation in this sector? If so, what measures are being implemented to mitigate this risk?

Two alarming cases highlight this problem. In early 2023, 64 Mexican-born nationals were rescued from an international labour trafficking ring operating in Ontario. They were lured with enticing promises of better living conditions, fair wages and respectable housing, but instead were subjected to poor living conditions, long working hours and inadequate wages.

In a similar vein, research revealed that around 700 Indian students arrived in Canada using fraudulent admission letters from post-secondary institutions. Many of these students, hailing from economically weaker households or remote areas, were misguided by immigration consultants who promised them a faster route to permanent residency. Upon arrival in Canada, these students faced discriminatory housing practices, exorbitant rent prices and labour exploitation.

These examples bring to the forefront a systemic issue in Canada’s labour market. It is crucial that the Canadian government and policymakers urgently intervene and develop protective measures for migrants and international students who provide critical contributions to Canada’s economic landscape. However, the real extent of labour trafficking in Canada remains elusive, due to victims’ reluctance to report their circumstances out of fear of authorities, deportation, threats from traffickers, and precarious socio-economic conditions. This necessitates comprehensive reforms to legal, policy, and administrative frameworks to combat labour trafficking and ensure the protection of victims’ rights.

Canada’s legal framework to combat labour trafficking is rooted in legislative protocols such as the Immigration and Refugee Protection Act (IRPA) and the Criminal Code, both of which offer protection to victims and criminalize human trafficking. Additionally, Canada adopts the principles of the National Strategy to Combat Human Trafficking and the Palermo Protocol, which emphasizes a victim-centric and human rights-based approach to addressing human trafficking.

Bottom line: Canada does not lack “good” public policies or legislative frameworks to counter trafficking. However, the question that arises is: Are these “good” policies transitioning from paper into practice? Systemic shortcomings diminish the effectiveness of national efforts in the fight against trafficking. The following policy recommendations are offered to reinforce the national response to labour trafficking:

• Expanded Legal Protections: Commit to strengthening the Criminal Code, IRPA, and associated legislation to isolate and effectively tackle labour trafficking.
• Diversified Legal Definitions: Adopt a comprehensive definition of labour trafficking, encompassing all exploitation forms in line with the principles of the Palermo Protocols.
• Fortified Protection for Migrant Workers: Undertake a thorough review and reform of immigration policies to provide stronger protection to Temporary Foreign Workers (TFWs), mitigating their susceptibility to exploitation.
• Amplified Monitoring and Enforcement: Boost the effectiveness of labour standards enforcement, trafficking case investigations, and trafficker prosecutions by boosting resources and capacities. This includes investing in the expansion of law enforcement and labour inspection bodies, creating specialized labour trafficking units within law enforcement agencies, and facilitating cooperative efforts among immigration, labour, and law enforcement agencies.
• Fortified Victim Support Services: Enhance resources for, and accessibility of, services that assist labour trafficking victims. This includes allocating increased funding for trafficking-specific services such as crisis intervention, counselling, and long-term assistance, and ensuring readily available legal support for victims by providing immigration advice and representation during criminal proceedings.
• Comprehensive Prevention Strategies: Implement preventative measures aimed at raising public awareness and encouraging greater transparency in supply chains. These measures should include comprehensive nationwide awareness campaigns about labour trafficking, targeted at both the general public and particularly vulnerable populations, and legislation mandating businesses to disclose their efforts to prevent labour trafficking within their supply chains, akin to the United Kingdom’s Modern Slavery Act.

Canada’s decision to welcome TFWs goes beyond economics: it carries a social responsibility dimension. By opening its doors to these workers, Canada must ensure the protection of their rights and dignity. This includes being vigilant in addressing any potential instances of labour trafficking, as it would be in direct contradiction to the country’s values of humanity, compassion, and openness. The country must take decisive measures to combat labour trafficking, underscoring its commitment to treating all individuals within its borders with respect and fairness.

Policy Contributing Writer Aftab Ahmed is a Master of Public Policy candidate with the Max Bell School of Public Policy at McGill University. He is also a contributor to The Line, and a freelance columnist for the Bangladeshi English-language newspapers, The Daily Star and Dhaka Tribune.