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SettlementMarch 1, 20268 min read

Your Rights as a Newcomer in Canada: What the Law Protects

By WelcomeAide Team

Your Rights as a Newcomer in Canada: What the Law Protects

Rights Apply to Everyone in Canada

One of the most important things to understand as a newcomer: your rights in Canada don't depend on your citizenship status. The Canadian Charter of Rights and Freedoms applies to "everyone" or "every individual" in Canada — meaning permanent residents, temporary workers, students, refugees, and even undocumented people have fundamental protections.

Charter Rights You Have as a Newcomer

  • Right to life, liberty, and security of the person: Cannot be detained or imprisoned arbitrarily
  • Right to equal treatment: Protection against discrimination by government based on race, national origin, religion, sex, disability, and other grounds
  • Freedom of expression and peaceful assembly: Right to speak, protest, and organize
  • Freedom of religion: Right to practice your faith
  • Legal rights: Right to a fair hearing, right to know the charges against you, right to legal counsel if arrested

Human Rights in the Workplace

Provincial and federal human rights codes prohibit discrimination in employment based on:

  • Race, colour, and national or ethnic origin
  • Religion
  • Sex and gender identity
  • Age, disability, family status
  • Place of origin or citizenship (in most provinces)

This means employers cannot legally refuse to hire you, pay you less, or create a hostile work environment because of where you're from, your accent, religion, or immigration status. File a complaint with your province's Human Rights Tribunal if this happens.

You cannot be fired for asking about your rights. Employment standards officers and human rights commissions protect workers who assert their rights.

Employment Standards Protections

Regardless of your immigration status, provincial employment standards cover:

  • Minimum wage (varies by province, ~$17-$21/hour in 2025)
  • Overtime pay (usually 1.5× after 8 hours/day or 44 hours/week)
  • Vacation pay (at least 4% of wages)
  • Statutory holiday pay
  • Protection from wrongful dismissal
  • Parental leave rights

Contact your provincial Employment Standards office if your employer violates these rules.

Rights for Temporary Foreign Workers (TFW)

If you're on a closed work permit, you have additional protections:

  • Your employer cannot confiscate your passport or work permit
  • Your employer cannot threaten deportation to control you
  • You can report employer abuse to IRCC without jeopardizing your status (through the Worker Protection program)
  • Your employer must provide the job described in your permit at the wage stated

Report TFW abuse: 1-800-367-5693

Refugee Rights

Refugee claimants have the right to a fair hearing before the Immigration and Refugee Board (IRB), legal aid in most provinces, work authorization while waiting for a decision, and interim federal health coverage.

See: WelcomeAide's newcomer rights guide

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