In March 2018, “Envisioning Justice for Migrant Workers: A Legal Needs Assessment” by Alexandra Rodgers was published by The Migrant Workers Centre. The report outlines an examination of the legal needs of migrant workers and the barriers they experience when accessing legal information and services in B.C. Recommendations focus on systemic solutions to enhance migrant workers’ access to legal information and services in in the province.
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Recommendation 1:
Create a network of stakeholders involved in the dissemination of legal information and provision of legal services
A network of stakeholders is necessary to coordinate multiple entry points into a system that facilitates access to legal information and services for migrant workers. The network would consist of multiple stakeholders working together to provide a seamless experience for migrant workers to access information at the prearrival, on-arrival, and employment stages of their migration. Stakeholders include both government and nongovernment actors, as follows:
Pre-arrival:
A network of stakeholders is necessary to coordinate multiple entry points into a system that facilitates access to legal information and services for migrant workers. The network would consist of multiple stakeholders working together to provide a seamless experience for migrant workers to access information at the prearrival, on-arrival, and employment stages of their migration. Stakeholders include both government and nongovernment actors, as follows:
Pre-arrival:
- Immigration, Refugees and Citizenship Canada, through its Canadian visa offices overseas, would distribute legal information materials to migrant workers prior to their arrival to Canada. These materials would be provided when the worker’s visa is sent to or picked up by the prospective worker, and would be made visibly available at Canadian embassies, consulates, and visa processing centres abroad.
- The Canada Border Services Agency (CBSA) would distribute legal information materials to migrant workers at their point of entry to Canada at airports and border crossings. CBSA officials would provide these information materials to migrant workers when they receive their work permit.
- Legal advocates in the region would provide post-arrival information sessions to migrant workers.
- Trained call centre staff at key government agencies would provide information and referrals to legal advocates, the dedicated website and the dedicated hotline.
- Websites of key government agencies would refer migrant workers to the dedicated website and the dedicated hotline.
- Trained community service providers, including key settlement agencies, grassroots migrant worker organizations and faith-based organizations, would conduct outreach to migrant workers and provide legal information and referrals to legal services.
- Legal advocates would provide direct legal advocacy services, workshops and mobile clinics to remote areas. Legal advocates would also regularly update the dedicated website and answer the dedicated hotline.
- Lawyers would provide supervision to the legal advocates, and training to the legal advocates and community service providers.
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Recommendation 2:
Increase the supply of dedicated legal information and advocacy services
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
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Recommendation 5:
Create written public legal information materials on priority areas of legal need
Written public legal information materials in multiple languages would be an important resource for migrant workers at the pre-arrival and on-arrival stages of their migration to Canada. In addition to providing key information about their rights according to the priority areas of legal need, written materials would also direct migrant workers to where they may go for help in Canada. As such, the written materials would refer to the dedicated website, dedicated hotline, community service providers and legal advocates. As the written materials would be distributed by both Canadian visa offices abroad pre-arrival and CBSA officers on arrival, the likelihood that materials will reach migrant workers is increased substantially.
Written materials would also facilitate the provision of legal information during migrant workers’ employment in BC. Written materials can be used by community service providers as a reference for the provision of in-person legal information and referrals, and are particularly useful as a source of information for SAWP workers in remote areas without access to the Internet.
Written public legal information materials in multiple languages would be an important resource for migrant workers at the pre-arrival and on-arrival stages of their migration to Canada. In addition to providing key information about their rights according to the priority areas of legal need, written materials would also direct migrant workers to where they may go for help in Canada. As such, the written materials would refer to the dedicated website, dedicated hotline, community service providers and legal advocates. As the written materials would be distributed by both Canadian visa offices abroad pre-arrival and CBSA officers on arrival, the likelihood that materials will reach migrant workers is increased substantially.
Written materials would also facilitate the provision of legal information during migrant workers’ employment in BC. Written materials can be used by community service providers as a reference for the provision of in-person legal information and referrals, and are particularly useful as a source of information for SAWP workers in remote areas without access to the Internet.
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Recommendation 6:
Provide post-arrival orientation sessions
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
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Recommendation 7:
Provide ongoing mobile legal clinics
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
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