Assessing the Regulation of Temporary Foreign Workers in Canada

Osgoode Hall Law Journal, Vol. 49, No. 1, p. 39, 2011

32 Pages Posted: 11 Dec 2011

See all articles by Sarah Marsden

Sarah Marsden

University of British Columbia (UBC), Faculty of Law

Date Written: September 10, 2011

Abstract

There has been an increase in the number of incoming temporary migrant workers to Canada over the past decade. In this article, I critically assess recent changes in the law governing temporary migration to Canada by using theoretical tools from the fields of sociology, geography, and legal geography. A multidisciplinary framework to understand Canada’s labour migration policies is provided. Within the socio-historical context of migrant labour regulation in Canada, I argue that political and regulatory developments function to further entrench segregation and exclusion of foreign workers by maintaining a subclass of flexible labour. Specifically, I show that Canada’s current temporary migration regime retains the country’s historical role as an ethnocratic settler state in which the regulation of migrant workers creates inherent boundaries. These boundaries demarcate racially identified space(s) on the basis of the economic and political logic underlying temporary migration.

Keywords: Temporary foreign workers, labour migration, immigration law, Canada, ethnocracy, racially identified spaces

Suggested Citation

Marsden, Sarah, Assessing the Regulation of Temporary Foreign Workers in Canada (September 10, 2011). Osgoode Hall Law Journal, Vol. 49, No. 1, p. 39, 2011. Available at SSRN: https://ssrn.com/abstract=1970710

Sarah Marsden (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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