Justice for Migrant Workers (J4MW), Injured Workers Action for Justice (IWA4J), and the Migrant Farmworker Legal Clinic (MFWLC) are collaborating to organize a solidarity rally demanding justice for Garvin Yapp, a migrant farmworker who tragically lost his life in a workplace accident on August 14, 2022. Yapp had been employed for 34 years in Canada under the Commonwealth Seasonal Agricultural Worker Program (CSAWP), which brings in thousands of seasonal workers annually to work in agricultural operations across the country.

Under CSAWP, migrant workers are legally bound to a single employer and lack labor mobility and social rights, compelling them to return home after their contract ends. The rally precedes a scheduled pre-trial by the Province of Ontario, which has initiated criminal proceedings against Yapp’s employer. This pre-trial, set for July 25, 2024, seeks accountability for the circumstances surrounding Yapp’s death, although specific charges have yet to be disclosed.

This marks the second instance this year where Ontario’s Ministry of Labour has pursued criminal charges related to a migrant farmworker’s death. In January, a similar pre-trial was announced following the death of Van Ngoc Le at a ginseng farm in Waterford, Ontario.

The rally aims to push for enhanced legal protections for all agricultural workers in Ontario, highlighting significant exclusions from Employment Standards Act provisions and the absence of industry-specific regulations under the Occupational Health and Safety Act. Moreover, agricultural workers lack the right to unionize, exacerbating their vulnerability.

Migrant workers face formidable obstacles in accessing justice due to their precarious immigration status. Recent legal decisions, such as the WSIAT ruling on the ‘deeming’ of migrant agricultural workers, underscore these vulnerabilities.

Chris Ramsaroop, an organizer with Justice for Migrant Workers, expressed frustration at the systemic risks faced by agricultural workers: “Since our inception in 2002, J4MW continues to witness governments jeopardizing the lives of agricultural workers. We demand accountability from both the provincial and federal governments. When will they take decisive action to end this cycle of structural violence?”

Taneeta Doma, a staff lawyer at MFWLC, condemned governmental inaction: “Migrant farmworkers suffer injuries and fatalities due to deliberate government negligence. Families shouldn’t have to rely on prosecuting employers for justice.”

Sang-Hun of Injured Workers Action for Justice emphasized the urgent need for legislative reforms: “Until Ontario legislates protections like cooling facilities and safety regulations, migrant workers will remain at risk.”

The organizers’ unified call demands proactive measures including robust legal protections, anti-reprisal safeguards, and rigorous enforcement to ensure the safety and dignity of agricultural workers. They insist that no worker should endure hazardous conditions or return home in a body bag due to preventable workplace dangers.

For more information, please contact Chris Ramsaroop (J4MW) 647-834-4932 or ramsaroopchris@gmail.com or Taneeta Doma 519-903-7376 or j4mw.on@gmail.com