HVHmt is correct in that the Canadian Industrial Relations Board / Labour Canada, whichever is the correct term, has precedent of supporting foreign workers deemed to be employed by Canadian corporations in other industries. Being on Canadian soil isn't, strictly speaking, necessary.
Yes, there is legal action pending.
Yes, it is in the CBA (Collective Bargaining Agreement) and clarifying documents.
Why this is being brought up for discussion here, I don't know.
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HVHmt: Are you saying you have actually received a positive finding and monies from Labour Canada, or that you have applied?