Erin Brandt is a co-founder of PortaLaw, a Vancouver law firm which specializes in employment law.

Audience submitted questions that we discuss include:

1. Is it illegal for employers to not provide reference letters necessary for immigration purposes or to charge their employees for them?
2. Is it illegal for employers with foreign worker employees to not apply for LMIAs to try to extend their employees’ employment?
3. Can employers distinguish between Canadian citizens, permanent residents and foreign workers when hiring? 
4. Can an employer not hire a foreign national or asylum claimant if they are likely to be deported? 
5. Is it ok for an employer to ask if someone is an asylum claimant? 
6. If an employer learns that an employee is without status – and the employee lied to them – can they legitimately refuse to pay the employee out for work completed during this time? 
7. If in order to meet prevailing wage an employer increases the wages of all of their LMIA-based TFWs, is it discrimination to not also increase it for their permanent resident or Canadian employees? 

We also discuss the Ontario Court of Appeal decision in Imperial Oil Limited v. Haseeb, 2023 ONCA 364, upheld a Human Rights Tribunal decision that it was a breach of human rights for an employer to fire an employee because of their temporary resident status.

This episode answers a listener request to cover increased IRCC refusals of provincial nominee applications. The AUDIO-only version of the episode includes Steven Meurrens’ thoughts’ on Minister Marc Miller’s response to complaints about decreases in provincial nominee quotas: “Provinces and Territories that are willing to work in a responsible manner with Canada, including playing a role in taking on asylum seekers, will have an opportunity to regain coveted Provincial Nominee spots.”

On January 21, 2025, IRCC restricted the availability of open spousal work permits to principal applicants working in certain “skilled” professions. Family open work permits are now limited to spouses of foreign workers who are employed in TEER 0 or 1 occupations, or select TEER 2 or 3 occupations in sectors with labour shortages or linked to government priorities such as natural and applied sciences, construction, health care, natural resources, education, sports and military sectors.

The move more than reversed a December 2, 2022, announcement that IRCC would be allowing most spouses of workers in Canada to obtain open work permits because, according to the government, it would “improve the emotional well-being, physical health and financial stability of workers by keeping families together” and that the “worker will better integrate into their overall work environment and community.”

On this episode, our hosts speak with Christopher Worswick, Chair of Carleton University’s Economics department, about the anticipated economic consequences of Canada’s 2025 Immigration Levels Plan. We pose questions such as:

– what is the likely impact of Canada’s plan that 1.2 million students/temporary foreign workers will depart Canada in the coming year?

– might the departure of 1.2 million temporary residents affect housing and healthcare?

– What is the likely impact if this population reduction on GDP per capita? What about labour supply?