Migrant Farm Workers Class Action
Koskie Minsky LLP, Goldblatt Partners LLP, and Martínez Law have commenced a class action against the Attorney General of Canada on behalf of current and former agricultural workers employed in Canada under the Seasonal Agricultural Workers Program (“SAWP”) and/or the Temporary Foreign Workers Program – Agricultural Stream (“TFWP”) on or after January 1, 2008.
Migrant farm workers who come to Canada under the SAWP and/or the TFWP – Agricultural Stream are only permitted to work for one employer. This is referred to as “tied employment”. Under tied employment, workers cannot change employers and must leave Canada if they leave or are terminated from their employer. Migrant farm workers also pay insurance premiums to Canada under the Employment Insurance Act but cannot access EI benefits due to their tied employment.
The Statement of Claim, filed on December 6, 2023, alleges that by imposing “tied employment” on workers in the SAWP and TFWP – Agricultural Stream, Canada has infringed section 7 of the Charter of Rights and Freedoms by putting migrant farm workers at risk of exploitation and abuse. The claim also alleges that Canada has infringed section 15 of the Charter by excluding the proposed class from accessing benefits under the Employment Insurance Act, despite requiring them to pay employment insurance premiums.
If you were previously or are currently employed as an agricultural worker under the Seasonal Agricultural Workers Program (“SAWP”) and/or the Temporary Foreign Workers Program – Agricultural Stream (“TFWP”), please contact Koskie Minsky LLP at migrantworkersaction@kmlaw.ca or toll-free at 1-844-819-8528.
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Latest Developments
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June 26, 2024
The Plaintiffs will be bringing a motion to certify the action as a class proceeding. The motion for certification is scheduled to be heard on December 17-19, 2025.
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December 6, 2023
The Statement of Claim alleging breaches of the Charter was issued.
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June 26, 2024
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll Free: 1-844-819-8528
Email: migrantworkersaction@kmlaw.ca
