Justicia for Migrant Workers intervened in OPT v Presteve Foods Limited and was represented by the Centre. The two applicants (who originally numbered 39) were represented by Unifor.
The Centre hired expert Dr. Kerry Preibisch who provided evidence about the nature of migrant worker programs in Canada. Based on Dr. Preibisch’s evidence, the Vice Chair commented on “the particular and special vulnerabilities of migrant workers in Ontario, especially in light of the closed work permit that requires them to be tied to one employer and so be under the constant threat and fear of losing their employment and being repatriated without reason and without any avenue for appeal or review.”
The Vice Chair noted the employer was “repeatedly explicit about this threat to send her back to Mexico if she did not comply with his demands and had demonstrated that he was capable of doing so by repatriating other women.” The employer’s ‘demands’ included repeated sexual assault.
The Vice Chair also found that he had no jurisdiction to make any orders about the Temporary and Foreign Worker Program as it is a federal program, the province was not a party to the proceeding, and the Tribunal only has jurisdiction in Ontario.
The Human Rights Legal Support Centre urges the provincial and federal governments to read the evidence in this case and develop protections for migrant workers in Canada.
See our joint media release with Unifor and Justicia for Migrant Workers here.