Canada’s Migrant Worker Program

by Andre

Canada has had a seasonal agricultural guest worker program in place for over forty years now yet I would be surprised if 1% of the population knows anything about it. Farming is tragically one of those industries where much of the urban population is left uninformed beyond being able to recognize the fruits and vegetables available in local super markets. So it isn’t a huge surprise that the rights of these guest workers remain a low priority to the Canadian government. As has been true to nearly all cases of social inequalities throughout history, if there isn’t a loud outcry from the people, there is no need to recognize the delivered harm.

… upwards of 20,000 workers are called in from Mexico and the Caribbean on a seasonal basis to fill the void.”

A guest worker program is typically set up to provide employers a means to extract foreign labor into a host country which lacks the labor, skilled or otherwise, required from its own citizens. In Canada, or more specifically in Ontario where over 80% of these guest workers are located, public interest in rural based industries remains minimal. Low wages, manual labor and the comfort potential of urbanization are all reasons why fewer and fewer Canadians are willing to commit themselves to farm jobs. Yet, with a strong free trade agreement in place across the continent, Ontario has become a net agricultural exporter for major crops like apples, tomatoes, tobacco, cucumbers, peaches, cherries, and ginseng. As a result of this trend, upwards of 20,000 workers are called in from Mexico and the Caribbean on a seasonal basis to fill the void.

These workers take part in the programs for financial reasons. Upon entering the program, they are to be compensated at the same rate as Canadian would be. Although, because of loose policy enforcement, this is rarely the case. Furthermore, workers must pay for most of the required flights back and forth between Canada and their country for interview, medical examination and documentation procedures. Still, the Canadian wages are often several times what they would make annually back home, so there continues to be a high level of interest in the program.

Regardless of the higher wages, the workers continue to be treated as second class. In brief, here is a list of ongoing concerns (source I, II):

• Long days and weeks under strenuous, often harmful working conditions including continuous kneeling or squatting is common. Injuries resulting from these conditions are often not reported due to fear of dismissal, language barriers, or not being informed of their rights (a they are included in the occupational health and safety act (OHSA) in Ontario).
• While healthcare is provided via public and private insurance organizations during their stay in Canada, over a quarter of the migrant workers report work related illnesses (vertebrae and knee problems, skin diseases, respiratory tract infections, hypertension, allergies) that are not covered upon their return home.
• Although not common, employers can establish rules limiting social interaction with others in the community and fellow guest workers by barring them from leaving the grower’s property or restrict visitation privileges. Some employers have actively encouraged their workers to limit their social commitments in their off hours so as to prevent social networks from forming. This of course is dependant on the employer, as many provide methods for transportation and promote excursions church, picnics or tourist venues.
• After a 14 day prohibition period, an employer can terminate any contract for “non-compliance, refusal to work, or any other sufficient reason” without having to consult the government agent. Unless a farm transfer is possible in these instances, the majority of laborers are required to leave the country immediately after their dismissal. Rarely are their rights communicated to them, so they are often dismissed for falling ill, questioning wages, refusing unsafe work, and complaining about noise and humidity emanating from a greenhouse into the worker’s accommodation without any ability to fight back.
• A UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families was established in 2003. It suggested that workers shouldn’t have to pay any recruitment and placement fees, should have a right to unionize, bargain collectively and elect representatives for this process. Workers should have mobility rights and freedom to choose their residence, employment contracts should indicate how they would be enforced and effective enforcement mechanisms should be in place. The Ontario government is ignoring most of these conditions.

Fortunately, as of November 2008, the UFCW of Canada gained a victory for agricultural workers in Ontario by abolishing the ban preventing farm workers from unionizing. Ideally, this can bring about the means to organize so to prevent further abuse by some of the employers, giving some much needed power to the workers. Sadly, as history has shown, change is often a painful process.

Rol-Land Farms Fires Much of their Migrant Workers

On December 6th, more than 70 Mexican and Jamaican agricultural workers were fired, without notice, by Rol-Land Farms, a multi-million-a-year, privately owned corporation that operates a number of mushroom growing operations across Canada. Many of the workers have already been sent home after being evicted from the housing provided for them by Rol-Land Farms. Carlos, one of those fired says, “We lost everything over night, our home, our jobs and our dream of being able to stay and work in Canada. Rol-Land farms didn’t even give us notice or an explanation. I can’t believe that Rol-Land fired and evicted us so close to Christmas. This is a company with no heart.” It is not clear if these firings have anything to do with the workers recently won ability to form unions, but it is a further indication of the abusive powers that employers have over migrant workers.

Rol-Land Farms is stripping these workers of their humanity.”

Dr. Jenna Hennebry, the Associate Director of the International Migration Research Centre at Wilfrid Larier University sympathized with the workers by saying, “Rol-Land Farms is stripping these workers of their humanity. Any Canadian would be outraged if we allowed a landlord to evict a tenant with no notice, or if a boss was able to fire a worker without notice or compensation. In this case Rol-Land farms has done both.” In a weakened economy, this appears to be yet another example of government policy supporting the wealthiest and ignoring those most in need.

In what can almost be considered an example of modern day feudalism, public awareness has to increase. It is only then that pressure can be placed onto the government in hopes of creating functional safety mechanisms that protect the workers. If nothing is done, the ability to unionize will be worthless because any attempts to do so will be met with wide scale firings as seen in the Rol-Land farms case. The workers will be sent home, losing the ability to take advantage of the freedoms given to them in November.

As this is an ongoing process, I can only hope that their voices are heard. That is why I have posted this entry. Next time you go to a grocery store, please remember that the fruit you buy was partly made possible by a irresponsible guest worker program. If you are from Ontario, I am hear to remind you that this sort of thing isn’t something that only takes place in third world countries, or history text books. I am hopeful that unexplained mass firings and employer abuse found in the examples above will eliminated dealt with. The only way that this can be achieved is by public awareness of an issue that until now has been swept neatly away from the masses.