Canada Migrant Workers Prone To Abuse, Exploitation Due To Lax Government Oversight: Advocates

Migrant Workers Canada

The Huffington Post Canada   First Posted: 01/21/12 09:16 AM ET Updated: 01/21/12 09:16 AM ET

This feature was produced by Vidya Kauri, a student in Ryerson University's School of Journalism, in partnership with The Huffington Post Canada.

A federal program that brings more than 15,000 seasonal workers to Canada each year lacks proper government oversight, leaving some migrants prone to abuse and appalling living conditions, advocates say.

For decades, seasonal workers from Jamaica, Mexico and other Caribbean countries have poured into rural Canadian communities under Ottawa’s Canadian Seasonal Agricultural Workers Program (CSAWP) and the Temporary Foreign Workers program. The CSAWP began as a pilot project in 1966 with 263 Jamaican workers and rapidly expanded to answer Canada’s shrinking agricultural work force.

Overseen by Human Resources and Skills Development Canada, the program is supposed to safeguard workers from exploitation, but critics say there’s little federal accountability. Complicating the matter is the fact the program is administered by a private, non-profit organization in Ontario, Nova Scotia and Prince Edward Island called FARMS – Foreign Agricultural Resource Management Services. (Its Francophone equivalent in Quebec and New Brunswick is known as FERME.)

The CSAWP “really suffers from a lack of government oversight by the Canadian government in terms of monitoring working conditions and living conditions, regulating them and sanctioning abusers,” said Kerry Preibisch, associate professor in the department of sociology and anthropology at the University of Guelph.

Migrant workers are housed in a variety of different accommodations. Most live on the farmers’ properties in bunk houses, barns or trailers. Some live away from the farms in motels or apartment buildings. Generally, accommodations are paid for by the employer.

Preibisch has documented a litany of substandard living conditions, from mould in bedrooms, a lack of indoor toilets and standing water to a gas leak that one employer refused to fix.

“I think growers would agree ... that those people who have abusive employment practices or undignified housing are really a black stain on the whole industry. They bring the industry into disrepute,” said Preibisch, who has done extensive research on international migration and development with a focus on farm and food industry workers.

Yet the workers keep coming back to Canada, where they sow and harvest fruits and vegetables, tobacco, honey, ginseng and sod. They work in greenhouses, canneries and packing and processing plants.

They fill a void that exists because “there just aren’t enough Canadians willing to work for that level of compensation,” said Glenn Fox, an agricultural and natural resource economist at the University of Guelph.

Steve Martin, retail sales manager and a shareholder in Martins Family Fruit Farm, concurs. “Canadians are simply not available for seasonal work, especially in remote areas,” he said.

According to a paper based on several studies on CSAWP workers done by the North-South Institute (NSI), a non-partisan research institute in Ottawa, the number of resident Canadians willing to work in agriculture has declined by 25 per cent since the mid-1990s.

Migrants benefit from the Canadian work experience as well. They typically come from countries where the standard of living is lower than Canada’s and employment prospects are scarce. Their income, about $10.25 an hour before taxes, is worth more in their native currency, and their living conditions aren’t usually any worse than what they have at home, said Fox.

“It’s a win-win for migrant workers and for Canadian farmers,” said Ken McEwan, Fox’s colleague and a professor of production economics and agribusiness at the University of Guelph.

Still, about 60 migrant workers toured Ontario in the fall to highlight problems with the program, including the lack of access to health care, little-if-any job safety training, inadequate housing and isolation. Chris Ramsaroop, a spokesperson for Justicia for Migrant Workers, the advocacy group that organized the tour, said employer-provided housing for migrant workers falls outside the Ontario Landlord and Tenant Act. Workers have complained of rats, leaky roofs and sewage seeping into what can be small, cramped quarters, he said. Exploitive hours are another problem, he said.

“I’m not exaggerating ... workers have told us stories of working 18, 19, 20 hours a day. One worker told me he worked 35 hours over the period of two days, non-stop,” said Ramsaroop.

Training and job safety are also ongoing concerns. A 2009 survey of 576 migrant farm workers in Ontario for the CERIS Ontario Metropolis Centre – a consortium of universities and community partners in the Toronto region – found that the majority of workers involved in operating machinery do so “without the necessary training and certifications required to minimize injuries.” Almost half of the respondents who worked with chemicals applied them without the necessary protections like gloves, masks and goggles, leaving them vulnerable to viral, respiratory, neurological and physical illnesses.

Preibisch, who was a co-investigator for the survey, said interviews with the workers revealed that many more are in the fields without protective gear while pesticides are being sprayed.

A similar survey of 100 Mexican and 100 Canadian farm workers in B.C. found that more than 70 per cent said they received no workplace health or safety information at all.

McEwan, who has led a number of studies on human resource management in the context of agricultural work, said that language can sometimes be a barrier when it comes to training migrant workers.

“Workers said that they often feared reprisals if they took their concerns to their employers or to their home government representatives,” the NSI paper noted.

“Migrant workers are subject to the whim of their employers” said Preibisch, noting the power imbalance created by the prospect of deportation.

Moreover, work visas restrict the migrants to working with one employer. If a worker has a conflict with the employer, the worker does not have the freedom to look for a job at a different farm.

“If we continue to insist on the value of a temporary immigration program, we have to think of ways to make a more just immigration system. The tied system is almost akin to slavery. At the very minimum, they should be given open work permits,” said Preibisch.

There is hope things are improving. McEwan said that many farm owners have staff who made the effort to learn the language of their workers. He says many employers treat their workers like family and some go as far as visiting them in their home countries. The NSI paper also found that many farmers try to provide their workers with a good work-life balance by giving them amenities like televisions and bicycles, by facilitating spousal visits to Canada and organizing trips into town on days off.

“It just doesn’t make sense to not treat employees as well as possible, even from a business perspective,” said Martin.

Martin said he’d like to pay his workers $13 to $14 an hour instead of minimum wage but he can’t because of the low food prices Canadians pay.

“Food here is cheaper as compared to our average salary than anywhere else in the world. I really believe people have to take a really good look at food spending habits. Do people complain about food prices? Do they go for the cheapest food? It’s cheapest because the farmer is cutting corners with employees. That is what it boils down to. Our employees deserve to be paid probably twice what they get paid.”

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This feature was produced by Vidya Kauri, a student in Ryerson University's School of Journalism, in partnership with The Huffington Post Canada. A federal program that brings more than 15,000 seas...
This feature was produced by Vidya Kauri, a student in Ryerson University's School of Journalism, in partnership with The Huffington Post Canada. A federal program that brings more than 15,000 seas...
 
 
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07:52 AM on 02/08/2012
Suddenly this topic comes up after a road accident in which some immigrant farm workers were tragically killed. There is no link between the two but talk about jumping on the wagon to find one. I know many Canadians working for 10.25 an hour, taking minimum wage jobs because they can't find other work. I know families all packed in together to try and survive, generations. I know people who don't have vehicles because they don't have money. I know families where the parents have worked out of town, only coming home one day a week to see the family, because it's cheaper to board with relatives and send money home. People struggle. You just don't see it. Let's stop the link between this accident and immigrant abuse. This student could have gone into many an average home to see a much lower standard of living in Canada and done a report on that. Would anything come of that? No. This was an accident. A sad, tragic accident. Nothing more. My condolences to their families.
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08:23 PM on 02/07/2012
I have become so cynical...
what I read was
some rich corporate farms take in migrant workers
and befriend them...
what waltzed into my head was...
and then they travel to the home countries of these workers
for vistis..
and then they buy hotels and other income property in these countries, giving small shares to the workers to make it legal...
I have to investigate whether that is possible...
it won't be...surely...
that would be a dangerous practice for any country to allow.
02:32 PM on 02/07/2012
Nice piece of investigative reporting. well done.

Now if we just had a government that actually cared more about people than their 1% buddies.....
09:53 AM on 02/07/2012
This is happening everywhere, even Canadian Tire in Calgary.

Migrant workers = lower median wages for everyone = more profits for the upper 1%.

This practice has to stop. The buisnesses, corporations and the wealthy are using this as a ploy.

The poor, working poor, working class, middle class have lousy lobbyests, the wealthy have the best that money can buy.
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12:51 AM on 01/24/2012
We even made the news in Guatemala:

Hundreds of Guatemalan migrant workers and their community allies marched through Guatemala City to the steps of the Canadian embassy on Wednesday, to protest the abusive treatment of migrants under Canada's Temporary Foreign Workers program. The workers at the protest had been fired and repatriated for defending their labour and human rights while working in Canada. UFCW Canada, the Agriculture Workers Alliance (AWA), Global Workers Justice and a number of other Guatemalan and international organizations also participated in the demonstration, and joined in the call for a complete review of the Temporary Foreign Workers Program because the federal government program fails to provide migrant workers with legal protection or access to the justice system even when the workers are mistreated.

http://www.marketwire.com/press-release/Migrant-Workers-Protest-at-Canadas-Embassy-in-Guatemala-1312972.htm
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12:51 AM on 01/24/2012
Jason Kenney and Peter Van Loan launched workplace raids, deporting workers without even allowing them to contact their families. One of those deported was believed to have been in retaliation for launching sexual abuse charges against her boss.

These U.S.-style attacks (even as they are being phased out by the Obama administration) were used to arrest refugee claimants, live-in caregivers, temporary workers and non-status people who have fallen outside of the strict and official compliance with immigration regulations. A worker who dropped out of status when she left the employment of a sexually abusive boss was arrested in the raids .. .In an illegal move, 41 of the nearly 100 arrested were tricked into signing waivers that removed their right to a PRRA hearing and a chance at protection from deportation.

(Jason Kenney's Doublespeak Exposed: Tories unleash
Canada Border Services on Migrants, By S.K. Hussan and Mac Scott, The Bullet, April 22, 2009)
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HUFFPOST SUPER USER
Whistlejackett
Niki Ashton for NDP
06:45 AM on 01/23/2012
Run them like a logging camp. Logging camps are totally isolated, so I don't see isolation as a problem, unless they aren't allowed out every 30 or sixty days. I have seen s few fruit farms that don't look very appealing. If I have to pay $1.20 for a descent apple, well then the workers should have a better standard of living while they work including all benefits. Farmers make huge profits.
02:39 PM on 02/07/2012
the basic little farmer is not the biggest problem its the large corporate farms that are the most abusive and they set the stage for what is acceptible.
02:59 PM on 01/21/2012
i know a little about the farm industry and dont beleive for an instant that conditions are as bad as this article made it to be. The picture really upset me , 4 grown men standing around a mess, what ? are they afraid to clean up after themselves....a home is what you make it not what your employer makes it...are our farmers suppose to supply housekeeping too, give me a break... im pretty sure these men didnt come from 5 star accomadationsin their home countries. they have been given an oppurtunity to come to this country to work and earn money of which the bulk will be sent back to their own country not put into the canadian economy. Another point i would bet on is that the same canadians pointing out these oh so terrible conditions are the same people complaining about any price increase in food prices. there is no slavery , there is no ball and chain on these men, they have been a great oppurtunity and i have no doubt they are treated more than fairly by our canadian farmers....Don Chamberlain
03:07 PM on 01/21/2012
I agree with you Don.
08:52 PM on 01/22/2012
Don,

Your comment is interesting. All the information you need to say anything intelligent is provided by the article, but you insist on making up your own facts so that you can insult people based on their imaginary faults.

Where in the article do you find the farm workers complaining that their accommodations are messy and demanding housekeeping services? They don't. You just made that up. I could copy and paste here what they're actually complaining about, but you didn't read it the first time, so there's no reason to believe you'll read it here.

You then go on to bet that the Canadians advocating on behalf of migrant farm workers would complain about a rise in food prices. Do you really think so? Based on what? Anything? Is your accusation based on anything in the real world? No. Again, instead of discussing anything in the article, you make stuff up. You accuse people of inconsistencies when you have absolutely no idea what you're talking about.

You've contributed less than nothing to the discussion this article is trying to foster.
... Frank Bedek
09:55 PM on 01/22/2012
Mr Bedek
i have made nothing up and would be more than happy to back up any of my comments with fact, as to my accomadation and housekeeping comment if you had only taken a moment to process some thought you would see i was speaking about the photo which was used to what i assume asmost would suspect, sympathy... i have lived in much smaller ,much wose facilities and i was saying that it looked very staged. i think you need to reread the article and watch the video. complaining about conditions and accomadations is exactly what they are doing. Your insults to my intelligence only made me smile. I suggest you take the silver spoon from your mouth and open your eyes, im curious as to where you call home , im guessing one of our metropolitian areas. By the way i am an employer of migrant workers and have immense experience in the agricultural industry. One last question Mr Bedek, what experience do you have to be speaking about this topic.
regards Don
01:39 PM on 01/21/2012
Salut, also Canadian Farm Workers in B.C. have to find their own accommodations, or have to camp on the Farm usually with no shower or kitchen facilities, while Foreign Migrant Workers are obligated by the program to have a roof over there heads, shower facilities, fridge and stove..
So we have this beautiful picture of Migrant workers coming out of a house to work,while Canadian workers come of a Tent or Van to work... Canadian justice????...
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SayBlade
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02:03 PM on 01/21/2012
Links, please!
07:29 PM on 01/21/2012
"...Provide free housing to the foreign worker (which has been approved by the appropriate provincial/territorial or municipal body)"
http://www.rhdcc-hrsdc.gc.ca/eng/workplaceskills/foreign_workers/ei_tfw/saw_tfw.shtml
01:30 PM on 01/21/2012
Salut, the simple fact is that there is less and less Canadian Farmer Workers because the farms don`t pay enough of a higher wage to get them to do the job...
So the farms cried to the governments and got slaves from outside our country to come in and do the job at a minimum wage, and by doing so bring the wages down for the Canadian Farm Workers that do still work in this field...
Before the influx of Migrant workers, our wages were slowly moving up to a more descent livable wage... That all came crashing downwards when they started coming in...
By the way did you know that Mexican migrant workers get parental EI in Mexico???...
12:58 PM on 01/21/2012
Stop letting these regional Canadians get away with the response that Canadian's don't want to do the work. They should be challenged as why that is. They would then quietly say something about the lazy work ethic of Canadians, won't do menial jobs, etc. etc. I believe there aren't enough Canadians prepared to take the abusive staff management practices so it is more a matter of being smarter or more experienced about the reality of farmer behaviour. The fact that they can get away with inhumane staff management practices because they can get some ignorant migrant to exploit is what keeps this culture alive.
Remember farmers spend lots of time and effort on a continuous campaign to remain outside of employment standards, occupational health and safety standards, workers compensation, etc. Then they complain when humans don't want to work for them.
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Blodo
Time to build a better world
12:20 PM on 01/21/2012
Not only should we be treating these people better, but I would like to see much more of a role of Canadian Immigration in assessing these people for citizenship. Migrant workers with a history of reliability are exactly the type of people who should be given preference on any application to become Canadians. They may be unskilled, but so what? Most of our forebears were unskilled farmers, labourers, etc.

Migrant workers have the proven determination to work. That's what counts. And they are willing to do jobs most of the rest of us turn our noses up at. My suggestion would be to amend the points system to start awarding points for each period worked in this country. We would still be bringing in highly skilled workers, but we would also be recognizing the value of unskilled workers who have the right mental attitude to become valuable citizens.
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laymancanuck
Left of centre, because it works for everyone.
12:26 PM on 01/21/2012
I don't think so, the world has so many unskilled worker we should allow all sorts in on a temporary bases. It should never be a path to citizenship because their contribution may out way the potential social burden. Canadain resources are not unlimited.
12:49 PM on 01/21/2012
Who do you suggest will pick your veggies???? Is that the kind of work you want to do, or your children? If we had citizens who would do these jobs migrant workers would not be allowed to work here. It is because no one else will do this work. The workers who come here and have consistently proven their work ethic should have a chance. Actually where I live, we have about 1000+ migrant workers and some have achieved citizenship. They work very long days as crops cannot wait - they work in hot weather which they are used to.
12:27 PM on 01/21/2012
Good point! I actually have friends who's teenagers actually text them in the same house, because they want a bowl of chips delivered to them and the parents happily serve them. We need good hard working people coming here. Our society is becoming embarrassing lazy.
01:00 PM on 01/21/2012
keep trotting out such nonsense values and do your part to put down others. Not like you in your day, oh no!
12:17 PM on 01/21/2012
hmmmm....another example whereby Mr. Harper could use a 3rd party Manager.
11:56 AM on 01/21/2012
The one thing I don't understand is the fact we keep looking for the Government to do something. What about the accountability of the "Farmer" of who hired these migrant workers to do labour for them? Where is their accountability? This just appears to be finger pointing of blame of the working conditions. Human Resources and Skills Development Canada put rules into place, but it appears the people doing the hiring are not respecting the regulations put into place. Is the HRSD suppose to hire migrant police to ensure the rules are being followed. Migrant workers should not be afraid to report working conditions to the HRSD and if followed thru, the Farmer should have its request denied to ever hire migrant workers again. Would this not be the same right if a Canadian was doing the same job? Its just simply abuse hiring by the employer, simple as that.
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Blodo
Time to build a better world
12:07 PM on 01/21/2012
You're right, but the migrant is in a much more vulnerable situation compared to a Canadian worker. They are hampered by low language skills and by lack of familiarity with how our system works, by lack of mobility (they're living on the farms, usually at quite some distance from urban centres), and by the downside risk that they will be sent home by the employer, with the concurrent loss of their income (unlikely these people have savings cushions to fall back on).

So I think there is definitely a role for government oversight, but I sure it could be done a lot smarter and cheaper (e.g. give every worker a cell phone on arrival that works only to connect them to a migrant worker ombudsman who speaks the language. Most issues could probably be resolved via conference calls.)
01:06 PM on 01/21/2012
Believe it, the farmer class works hard at being exempted from employment standards, occupational health and safety standards, workers compensation, etc. etc. The cruise under the radar because there are so few of them anymore. But they get away with murder and we let them set their own second class treatment standards.
And then listen to their whining when Canadians are too smart to put up with such treatment and go to work for them. Canadians are not lazy, the are too smart.
11:53 AM on 01/21/2012
During the summer months (in the early '60's) when we were in our teens, my brothers and I used to have to work all summer in the tobacco fields of southern Ontario - 6 days per week.
The work was back breaking, planting, hoeing, suckering and finally picking the tobacco; getting up at 5am and not finishing til you filled a kiln (sometimes as late as 8pm). The pay was 80 cents an hour for all work except picking which was $10 per day.
I lived in a shack which was about 8' X 10' and had a light bulb and a hot plate - no running water. The toilet was an outhouse approx 150 feet away.
I hated the work, but the family needed the money.
My brothers and I all became very successful in our chosen careers- and I think a large part of that was attributable to the fact that we never wanted to return to that kind of life.
Hard work can be a great motivator to make something of yourself.
Too bad our current young generation is letting foreign workers get the benefit of that lesson.
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SayBlade
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12:24 PM on 01/21/2012
You have missed the point of the article entirely.
01:02 PM on 01/21/2012
Obviously he/she have a self inflated definition of "successful".