Key evidence was struck from the record in federal court, say unions. Earlier this week, a federal court justice dismissed an attempt by two British Columbia unions to have temporary foreign worker permits for 201 miners revoked.
The Construction and Specialized Workers Union and the International Union of Operating Engineers Local 115 launched their case after it came to light the company, HD Mining, had advertised mining positions listing Mandarin as a job requirement.
The unions contended the language requirement was meant to exclude Canadians so the company could bring workers from China and legally pay them 15 per cent less than market wages at its Murray River project near Tumbler Ridge, B.C.
After a months-long court battle Judge Russel Zinn ruled Tuesday HD Mining filed its applications properly according to the rules that were in place at the time.
But the unions said they lost because Zinn struck from the record key evidence that would have helped their case and, in their view, showed the company misrepresented its mining plans in the form of a notice of work application.