In British Columbia, migrant farmworkers, primarily from Mexico and Guatemala, are pursuing legal action against the federal government. They allege that their rights have been violated due to deductions from their pay for employment insurance premiums, which they cannot claim upon the termination of their contracts. The proposed class-action lawsuit, filed in Ontario, argues that the temporary visa programs, which brought over 70,000 workers to Canada in 2021, infringe on Charter rights by obligating workers to a single employer and to contribute to benefits they cannot access.
The lawsuit seeks up to $500 million in general and punitive damages on behalf of migrant workers who have been in Canada over the past 15 years. Additionally, they are advocating for policy changes, including the abolition of “closed” work permits. These changes could significantly impact Canada’s agricultural sector, which heavily relies on migrant labor. The lawsuit has yet to be certified by the Ontario Superior Court of Justice and is expected to take years to conclude if it proceeds.
Most of the migrant workers are on closed work permits that bind them to a single employer. A recent investigation into these programs revealed instances of inadequate housing, wage theft, and worker abuse. The restrictive nature of work permits has been criticized for making migrant workers vulnerable to exploitation. Despite the ability to apply for a temporary open work permit since 2019, workers can only do so if they have already been victims of abuse. This process requires a successful application in English or French, languages most farmworkers are not proficient in.
Source: revelstokereview.com