Immigrant Protections
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Canada provides significant legal protections to all people on Canadian soil, regardless of immigration status. The Canadian Charter of Rights and Freedoms guarantees fundamental rights including life, liberty, security of the person (section 7), equality (section 15), and protection against unreasonable search and seizure (section 8) to "everyone" — not just citizens. The Supreme Court of Canada has repeatedly confirmed that these protections extend to non-citizens, including undocumented individuals.
All workers in Canada are protected by provincial and federal employment standards, regardless of immigration status. Provinces provide universal healthcare through provincial health insurance plans to permanent residents and most temporary residents with valid permits. Canada's sanctuary city policies in Toronto, Montreal, Vancouver, and other municipalities provide access to city services regardless of immigration status.
When does it apply?
These protections apply when:
- You are physically present in Canada, regardless of your immigration status
- You need healthcare services
- You are working and want protection under employment standards
- You are interacting with police or government authorities
- You face discrimination based on your national origin, citizenship status, or ethnic origin
Key protections:
- Charter rights: Section 7 (life, liberty, security), section 8 (unreasonable search/seizure), section 10 (rights upon arrest — including right to counsel), and section 15 (equality) apply to everyone in Canada. The Supreme Court confirmed in Singh v. Minister of Employment and Immigration (1985) that the Charter protects all persons on Canadian soil, including refugee claimants.
- Healthcare: Permanent residents and most work/study permit holders are covered by provincial health insurance (OHIP in Ontario, RAMQ in Quebec, MSP in BC, etc.) after a waiting period of up to 3 months in some provinces. Refugee claimants and protected persons receive coverage through the Interim Federal Health Program (IFHP), which covers essential and supplemental health services. Emergency hospital care is available to everyone.
- Employment protections: Provincial employment standards (minimum wage, hours of work, overtime, vacation pay, workplace safety) apply to all workers regardless of immigration status. Workers' compensation covers workplace injuries for all workers. Federal and provincial human rights codes prohibit workplace discrimination based on national origin, citizenship, or ethnic origin.
- Education: All children in Canada have the right to attend public elementary and secondary school regardless of their or their parents' immigration status. This is established by provincial education acts and reinforced by municipal "sanctuary school" and "don't ask, don't tell" policies in major cities.
- Sanctuary city services: Toronto, Montreal, Vancouver, Hamilton, London, and other cities have adopted "access without fear" or sanctuary city policies ensuring that immigration status is not a barrier to accessing city services including shelters, food banks, recreation programs, and library services.
What should you do?
Step 1: If you need healthcare, register for your provincial health insurance plan as soon as possible after arriving. Bring your work permit, study permit, or PR card to a provincial health office. If you are a refugee claimant, apply for Interim Federal Health Program coverage through your IRCC refugee claim documentation.
Step 2: Know your workplace rights. Contact your provincial employment standards office if your employer is not paying minimum wage, denying breaks, or creating unsafe conditions. In Ontario, call the Employment Standards Information Centre at 1-800-531-5551. For workplace safety issues, contact your provincial occupational health and safety authority.
Step 3: If you are arrested or detained, exercise your Charter rights. You have the right to know the reason for arrest (section 10(a)), the right to contact a lawyer without delay (section 10(b)), and the right not to be arbitrarily detained (section 9). Say: "I want to speak to a lawyer" and do not answer questions until you have legal advice.
Step 4: Enroll your children in school. Contact your local school board directly. Schools in most Canadian cities do not ask about immigration status. If a school refuses enrollment, contact the provincial Ministry of Education or a local legal clinic.
Step 5: If you experience discrimination, file a complaint with the Canadian Human Rights Commission (federal matters) at 1-888-214-1090 or your provincial human rights tribunal. Discrimination based on national or ethnic origin, citizenship, or race is prohibited under federal and provincial human rights legislation.
Step 6: Access settlement services. If you are a permanent resident, refugee, or protected person, you are entitled to free settlement services funded by IRCC, including language classes (LINC/CLIC), employment assistance, and community connections. Find services at canada.ca/en/immigration-refugees-citizenship/services/new-immigrants.html.
What should you NOT do?
Don't avoid seeking medical care due to fear of immigration enforcement. Hospitals and clinics in Canada do not report patients to immigration authorities. Emergency care is available to everyone. The Interim Federal Health Program covers refugee claimants for essential health services including prescriptions, dental emergencies, and vision care.
Don't accept working conditions below employment standards. Minimum wage, overtime, vacation pay, and workplace safety rules apply to all workers in Canada regardless of immigration status. Employers who exploit workers based on their immigration status face prosecution and fines.
Don't provide false documents to employers or government officials. Using fraudulent work permits, social insurance numbers, or identity documents is a criminal offence under the Criminal Code (section 368 — forgery, section 403 — identity fraud) and results in criminal charges and deportation.
Don't assume you have no rights because you are undocumented. The Charter of Rights and Freedoms protects everyone in Canada. You have the right to due process before removal, the right to legal counsel, and the right to make a refugee claim if you fear return to your home country.
Don't ignore a call or letter from CBSA or IRCC. If you receive a direction to report to CBSA or a notice from IRCC, contact an immigration lawyer immediately. Ignoring these notices can result in an arrest warrant and a removal order issued in your absence.
Common Questions
When does immigrant protections apply?
These protections apply when:You are physically present in Canada, regardless of your immigration statusYou need healthcare servicesYou are working and want protection under employment standardsYou are interacting with police or government authoritiesYou face discrimination based on your national origin, citizenship status, or ethnic originKey protections:Charter rights: Section 7 (life, liberty, security), section 8 (unreasonable search/seizure), section 10 (rights upon arrest — including right to counsel), and section 15 (equality) apply to everyone in Canada. The Supreme Court confirmed in...
What should I do about immigrant protections?
Step 1: If you need healthcare, register for your provincial health insurance plan as soon as possible after arriving. Bring your work permit, study permit, or PR card to a provincial health office. If you are a refugee claimant, apply for Interim Federal Health Program coverage through your IRCC refugee claim documentation.Step 2: Know your workplace rights. Contact your provincial employment standards office if your employer is not paying minimum wage, denying breaks, or creating unsafe conditions. In Ontario, call the Employment Standards Information Centre at 1-800-531-5551. For workplace...
What mistakes should I avoid with immigrant protections?
Don't avoid seeking medical care due to fear of immigration enforcement. Hospitals and clinics in Canada do not report patients to immigration authorities. Emergency care is available to everyone. The Interim Federal Health Program covers refugee claimants for essential health services including prescriptions, dental emergencies, and vision care.Don't accept working conditions below employment standards. Minimum wage, overtime, vacation pay, and workplace safety rules apply to all workers in Canada regardless of immigration status. Employers who exploit workers based on their immigration statu...
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