Interdiction de changer d’employeur pour les travailleurs migrants : Obstacle majeur À l’exercice des droits humains au canada

Abstract

Cross-border movements for the purpose of employment are associated with different conditions, often restrictive of liberty, linked to the migrant workers status. This article addresses the imposition to these workers of a prohibition to change employer by many governments worldwide. Based on the concrete effects on migrant workers’ lives, the authors tackle the multiple forms and facets of this prohibition, internationally as well as in Canada. Through the presentation of the various programs of admission of foreign workers in Canada, this article explores the consequences of the restriction to change employer on these workers fundamental rights and liberties. This prohibition imposed by the Canadian government, through the Immigration and Refugee Protection Regulations or diverse administrative practices, puts migrant workers in a vulnerable position that can be qualified as a servile status under the terms of the international Convention on Practices Analogous to Slavery. Finally, the authors offer a deeper analysis of the prohibition to change employer in the light of the Canadian Charter of Human Rights, more specifically in regards to the right to liberty and security of the person as well as the freedom of association.