CONSTRUCTION AND SPECIALIZED WORKERS' UNION, LOCAL 1611 V. CANADA (MINISTER OF CITIZENSHIP AND IMMIGRATION), 2013 FC 512
In this case, the Federal Court upheld a decision made under Canada's Temporary Foreign Worker Program (TFWP) to issue positive Labour Market Opinions (Opinions) under s. 203 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (Regulations). The Opinions were necessary for HD Mining International Ltd. (HD Mining) to obtain 201 temporary foreign worker permits in order to bring skilled labourers from China to work at its coal properties near Tumbler Ridge, B.C. Two trade unions representing mining workers in B.C. (but not at HD Mining's project) were granted public interest standing to challenge the decision.
In seeking judicial review, the unions argued that the decision-maker's discretion was fettered and his finding that the offers of employment would likely result in "a neutral or positive effect on the labour market in Canada" was unreasonable. With respect to the latter, the unions argued, among other things, that contrary to the Regulations, having Mandarin as the predominant language in the mine would not allow for the recruitment, training or retention of Canadians. HD Mining intended to employ interpreters and foremen who spoke both English and Mandarin and had a long-term plan to train and transition to a 100% Canadian workforce.
The Court reviewed the decision on a standard of reasonableness and dismissed the application on all grounds.
To view the original article, please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
