While the number of migrant workers currently exceeds 200,000, live - in caregivers under the Live - In Caregivers Program (LCP),
agricultural workers under the Seasonal Agricultural Workers Program, and other workers under the Temporary Foreign Workers Program (TFWP), face tremendous physical barriers that position them as second class citizens to the Canadian state in terms of their rights and benefits.
Dunmore decided that Ontario had a positive obligation to include
agricultural workers under provincial labour relations legislation because excluding the workers infringed their section 2 (d) freedom of association....
Not exact matches
Agricultural workers were also eligible to work legally
under the temporary
worker — H class visa — created by the Immigration and Nationality Act (INA) of 1952, although this program was primarily used for nonagricultural
workers.
This subsection shall be administered in coordination with other programs serving migrant
agricultural workers and seasonal farmworkers, including programs
under title I of the Elementary and Secondary Education ACT of 1965, section 311 of the Economic Opportunity ACT of 1964, the Migrant * Health ACT, and the Farm Labor Contractor Registration ACT of 1963.
This paper assesses the impact of pollution on
worker productivity by relating exogenous daily variations in ozone with productivity of
agricultural workers as recorded
under piece rate contracts.
•
Agricultural workers toil
under some of the most dangerous conditions of employment with 39.5 fatalities for every 100,000 employees in 2008.
The HRTO held that Mr. Peart had satisfied the first step of the Kapp test by demonstrating that s. 10 (5) of the Act has a disproportionate impact on foreign
workers in Ontario under the Seasonal Agricultural Workers Program (SAWP), who are identified by prohibited grounds of discrimination, specifically citizenship an
workers in Ontario
under the Seasonal
Agricultural Workers Program (SAWP), who are identified by prohibited grounds of discrimination, specifically citizenship an
Workers Program (SAWP), who are identified by prohibited grounds of discrimination, specifically citizenship and race.
In Dunmore v Ontario (Attorney General), 2001 SCC 94 at para 169, Justice L'Heureux - Dubé, in a concurring judgment, held that
agricultural workers were generally disadvantaged and should be seen as a protected group
under s. 15 (1).
In this case, state - imposed deprivation occurs when an
agricultural worker is injured and is forced to have long waiting times for access to health and medical care from the public health system because they are not included
under the WCA.
The Alberta Court of Appeal in Baier v Alberta, 2006 ABCA 137 at para 56, also appears to have accepted that
agricultural workers may be a protected group
under s. 15 (1).
To prove that this is a true deprivation, it must be shown that the expediency and scope of the services available
under the WCA to injured
workers are greater than those services publicly available; the fact that alternative treatment options are available does not diminish the deprivation faced by
agricultural workers facing longer delays to get treatment outside of the WCA regime.
With respect to the WCA, we developed arguments as to why the exemption of the
agricultural industries from mandatory inclusion
under the
Workers» Compensation Act violates s. 7 and s. 15 of the Canadian Charter of Rights and Freedoms [Charter].
The case is that of migrant
worker Michael Campbell who came to Ontario
under the Seasonal
Agricultural Workers Program.
This stream includes the Seasonal
Agricultural Worker (SAW) stream through which employers can secure temporary foreign labour from Mexico and various Caribbean countries covered
under bilateral international agreements.
Both Mr. Williams and Mr. Clarke were employed
under the Seasonal
Agricultural Workers Program (SAWP).
The agreements do not appear to be the result of bargaining between the farms and the
workers or their associations, and the ability to engage in collective bargaining
under the
Agricultural Employees Protection Act is limited by the holding in Fraser.
UFCW Canada argued the section of the Code violated freedom of association rights
under both the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms because it denies
agricultural workers employed on farms that have three or less employees, the right to join a union and bargain successfully.
The Seasonal
Agricultural Workers Program (SAWP) was first established in 1966, but came
under national scrutiny during the SCC labour decision in Fraser v. Ontario.