Union report urges reform to protect migrant workers amid COVID-19 fallout
LONDON, ONT. Canada’s largest food processing workers union is calling for sweeping changes to the Temporary Foreign Worker program in the fallout of COVID-19 flare-ups that have seen more than 1,300 migrant workers in Ontario test positive and three die.
The United Food and Commercial Workers (UFCW) says federal and provincial changes are needed to provide temporary foreign workers with paths to permanent residency, improved labour rights, open work permits and the right to unionization and a collective agreement.
“The pandemic has uncovered a crisis within a crisis,” said Santiago Escobar, a national representative with UFCW. “If measures were implemented a longtime ago, probably their situation would be different.”
In a 46-page special report, The Status of Migrant Farm Workers in Canada, 2020, the UFCW outlines seven provincial and seven federal reforms needed to protect migrant workers better.
At the federal level, they’re calling for making unionization a mandatory condition of the Temporary Foreign Worker program, end employer-specific work permits, establishing a council to reduce Canada’s overreliance on foreign workers and providing a path to permanent residence.
In Ontario, many of UFCW’S issues stem from the Agricultural Employees Protection Act. Escobar said the act limits offshore workers’ ability to unionize under a collective agreement and can force them into precarious work environments by allowing them to agree to extended work hours.
“I think it’s fair to acknowledge agri-food workers are front-line workers,” Escobar said. “These workers deserve to be able to exercise their labour rights, not only because it’s the human thing to do, but also to maintain the food supply.”
UFCW estimates temporary foreign workers make up half of Canada’s agriculture workforce. Some 20,000 migrant workers come to Ontario each year, with many in Southwestern Ontario’s rich farm belt.
In Windsor-essex alone, which has seen the bulk of the region’s farm gate COVID-19 outbreaks, there are about 8,000 temporary foreign workers. The UFCW said there are likely another 3,000 undocumented agri-food workers in the area.
The advocacy group Justice for Migrant Workers reports 1,370 farm workers have contracted the novel coronavirus in Ontario.
Three workers have died after contracting COVID-19, two in Windsor-essex and one in Simcoe.
Escobar said lack of protections for migrant workers and their limited avenues to file work-related grievances likely have exacerbated the pandemic’s impact on the farm belt.
The UFCW runs a hotline for migrant workers. During a typical season, they get about 10 calls a day. Since the pandemic began, they’re averaging more than 35 to 40 calls a day.
Escobar said they’ve had complaints of workers not being appropriately paid during their mandatory 14-day self-isolation or having a general lack of knowledge about COVID-19.
Still, he acknowledged he feels the situation on farms has improved in recent weeks. He was visiting farms in Leamington last week and said all workers had access to proper personal protective equipment and were following safety guidelines.
The UFCW report comes as Southwestern Ontario gears up for its harvest season, when temporary foreign workers will be even more essential. This spring, delays in migrant workers arriving in the province wreaked havoc on some farms during planting season.
“Despite best efforts, there have been COVID-19 outbreaks on some Canadians farms that have significantly impacted the health and safety of workers,” Marielle Hossack, a spokeswoman for federal Employment Minister Carla Qualtrough, said in response to the report.
“COVID-19 has brought to the forefront issues within the Temporary Foreign Worker program that need to be addressed for the health and well-being of everyone involved.” Since the pandemic’s start, the Government of Canada has invested $58.6 million to increase temporary foreign workers’ safety. This has included supports and outreach for migrant workers, strengthening the on-farm inspection process, providing PPE and improving living quarters.
Foreign workers who are laid off, have become ill or have to quarantine due to COVID-19 are now eligible for Employment Insurance.
As of June 2019, foreign workers with an employer-specific work permit can apply for an open work permit if they are mistreated by their current employer.
In response to outbreaks in Windsor-essex, Ottawa also partnered with the Canadian Red Cross and the province to set up temporary housing for workers required to self-isolate.
Migrant workers are required to be paid during a mandatory 14day isolation upon their arrival to Canada, and Ontario has extended health-care access to those workers.
If measures were implemented a long time ago, probably their situation would be different.