On May 21, 2013, the Federal Court of Canada dismissed a challenge brought by two unions in respect of the hiring of 201 foreign nationals by HD Mining International Ltd., a British Columbia based mining company.

The unions argued that HD Mining’s hiring of the temporary workers from China to work on its ‘Murray River Project’ in Tumbler Ridge, British Columbia, under the Temporary Foreign Worker Program (TFWP),  would have a negative impact on the Canadian labour market and that it would result in jobs being taken away from well-qualified Canadians.

The Court’s dismissal of the Unions’ application is a victory for HD Mining and other employers who are bringing in foreign nationals to Canada under the TFWP and a  significant blow to organized labour as well as non-union employees.

It is estimated that the number of foreign nationals temporarily working in Canada is currently around 300,000.

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