This paper explores the extent to which international labour and human rights
law places obligations on States to protect the interests of migrant workers in
countries of employment. The purpose of this paper is to examine Canada’s
temporary foreign worker programs and work-related regulations, and
determine whether Canada lives up to the international norms with respect to
the rights of migrant workers. The research questions posed include: What are
the international labour and human rights applicable to migrant workers? Does
Canadian domestic law and practice fulfil these international norms in respect
of migrant workers in the TFWPs in Canada? If not, what changes does Canada
need to make to comply with these international standards? The conclusion is
that while international labour and human rights law does not prohibit States
from admitting workers on a temporary basis and with restrictions, when States
do confer only temporary status on foreign workers, the international standards
require States to take extra and special steps to provide migrant workers with
work-related protections. The extent to which Canada fails to live up these
standards is examined, and recommendations provided. This paper concludes
with some questions on the limitations of international labour and human rights
law for the situation of migrant workers.