Open Letter to: BC Fruit Growers’ Association

Good afternoon,

We’re writing to you again to follow up on an issue that we are deeply concerned about. We continue to hear on a daily basis from temporary foreign farmworkers employed by your members who continue to be confined on farms following completion of mandatory 14-day quarantine.  Workers across the Okanagan have also reported being prohibited from having visitors from local communities. These ‘farm policies’ and practices are detrimental to workers’ mental and physical health (even during a global health crisis) and a violation of their rights. It is unlawful for employers to restrict the movements of their employees, or prevent them from accessing services, supports, or enjoying leisure activities. Although these policies may have been initially agreed to by farm workers, it was with the understanding that not agreeing could lead to termination and deportation. These agreements, both verbal and written, were not consensual, as stated by Fay Faraday, human rights lawyer and professor at the Osgoode Hall Law School in this article by CTV National News. Employment Minister Carla Qualtrough also clearly stated that these policies are discriminatory against temporary foreign workers and that employers do not have the right to restrict the movement of their employees following quarantine. A recent statement from her office reads, “Workers are to enjoy freedom of movement (with the exception of mandatory quarantine on arrival), as would anyone in Canadian society. The TFW Program does not provide employers with any right to limit the free movement of workers.” 

Let us reiterate: Confining farmworkers on farms is a violation of their human rights, as it is prohibited under the BC Human Rights Code to enforce rules or policies that discriminate based on “race, colour, ancestry, [or] place of origin.” Kelowna Immigration lawyer Sandra Hakanson agrees it is discriminatory and a violation of the Code in this recent article from CBC about the termination of 2 migrant workers based on their alleged violation of such policies. She was quoted, “It seems to fly in the face of our charter rights of the freedom of mobility,” and “[i]f it does in fact only apply to temporary foreign workers, that’s problematic.”

We strongly urge you to share this message with your members – any restrictions that prohibit visitors and confine employees to farms need to be immediately lifted. Failure to do so may result in suspension from accessing temporary foreign worker programs, and could lead to human rights complaints or legal action against employers. All workers have the right to free movement when they are not on shift, and temporary foreign workers must be allowed to access services, shop for groceries of their choosing, send money home to their families, seek medical services in communities while adhering to public health recommendations, just as Canadians have continued to do this throughout this pandemic. 

Thank you,
-RAMA Collective