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November 26, 2020 - No. 80
Full
and Permanent Immigration Status For All!
Migrant
Farmworker Wins Important Case at Ontario Labour Relations Board
• Migrant Workers Alliance for Change
Press Conference
Stop the
Deportations of Migrant Students!
• Migrant Students in
Action to Defend Their Rights
Meeting
Workers' Demands Is Key to Control COVID-19
• Condemnation of the Use
of Ministerial Orders Against Saguenay–Lac-St-Jean Health
Care Workers
• Demonstration of
Outaouais Public Sector Workers
Full and Permanent
Immigration Status For All!
In the first case of its kind, Mexican migrant
farmworker Luis Gabriel Flores succeeded in his claim that he had been
the subject of an unlawful reprisal, the termination of his employment
by his employer, Scotlynn Farms. Mr. Flores was fired on June 21. On
November 9 the Ontario Labour Relations Board (ORLB) ruled in favour of Mr. Flores and
awarded
him $25,000 in lost wages and compensation.
 Mr. Flores is a
father of two from Mexico. He has been a migrant farm worker in Canada,
coming every year, since 2014. He arrived this year on April 18 in the
midst of the first wave of the COVID-19 pandemic and, along with his
co-workers, was quarantined at a hotel before starting work at Scotlynn
Farms in Norfolk, Ontario. Crowded
and unhealthy living conditions at the farm made it impossible for the
workers to take precautions such as physical distancing, and they were
not provided with personal protective equipment (PPE), proper food and
adequate rest. Scotlynn Farms is a major agribusiness that realized $75
million in revenue in 2019 while migrant workers like Mr.
Flores earn $14.18 an hour and work up to 80 hours a week.
Within two weeks of starting work several of Mr.
Flores' co-workers started showing COVID-19 symptoms. Their repeated
requests for medical attention were ignored. By the end of May about
200 workers at Scotlynn Farms has become infected, including Mr.
Flores. Scotlynn
Farms has the largest recorded migrant farmworker COVID-19 cases to
date. During their quarantine several workers, including Mr. Flores,
assisted by the Migrant Workers Alliance for Change (MWAC), spoke with
several media outlets about the substandard living conditions and lack
of protections for migrant workers, to make the public
aware.
On June 20 the workers were informed that their
colleague Juan Lopez Chaparra, another worker from Mexico, had died of
COVID-19. The workers asked why more had not been done to prevent the
death and protect all the workers. The following day, June 21, the
founder of Scotlynn Farms arrived at the bunkhouse apartment unit where
Mr. Flores was living and informed him, in the presence of another
worker, that he was fired for speaking to the media and would be sent
home to Mexico the next day. With the help of MWAC, Mr. Flores was able
to stay in Canada and filed a claim with the OLRB on July 30, claiming unlawful reprisal, a
violation of Section 50 of the Occupational Health and Safety Act.
Based on evidence and witness testimony, the OLRB ruled in favour of
Mr. Flores on November 9 and awarded him $25,000 in lost wages and
damages.
 Migrant Workers
Alliance for Change held a press conference outside the Toronto
constituency office of Deputy Prime Minister Chrystia Freeland on
November 12 to announce the decision and repeat the demand for an end
to discrimination against migrant workers who are denied basic rights
and for full immigration status for all migrant
workers. Speaking about his situation, Mr. Flores said "My case is not
the only one and many are far worse. We need a change in the system now
to prevent these injustices -- we need full immigration
status for all now so that we can defend ourselves and get the respect
and equality we deserve." He added that he will continue to fight for
the
rights of all migrant workers to permanent status in Canada. The press
conference was also addressed by John So, Employment Lawyer at Parkdale
Community Legal Services who represented Mr. Flores in his complaint to
the Labour Board, and Syed Hussan, Executive Director of MWAC, who
noted that Mr. Flores' case was just the tip of the
iceberg and denounced the Trudeau Liberal government for being long on
promises and short on action to protect migrant workers. He underscored
that the federal government creates the conditions and is responsible
for enabling the abuse and exploitation of migrant workers by
employers. Migrant rights advocates and migrant workers have
organized actions across the country demanding that the Trudeau
Liberals regularize the status of the more than 1.6 million people who
are in Canada without status, denied basic rights to health care, income
support and other social programs and persecuted if they speak out
about the inhumane working and living conditions that many face.
Workers'
Forum congratulates Luis Gabriel Flores for his courage
in defending his rights and the rights of all migrant workers, and MWAC
and other activist organizations for their advocacy, and reiterates the
demand for Status for All Now!
To draw attention to the situation of migrant
workers and the demands of Canadians for permanent immigration status
for all migrant workers, Migrant Workers Alliance for Change (MWAC)
held a press conference outside the Toronto constituency office of
Deputy Prime Minister Chrystia Freeland on November 12. Speakers at the
press
conference were Syed Hussen, Executive Director of MWAC, Luis Gabriel
Flores, a migrant worker from Mexico, and John So, Employment Lawyer at
Parkdale Legal Services. The following are excerpts from their remarks:
Syed Hussan: "We are here today because Gabriel
Flores has won a historic legal claim against his employer, Scotlynn
Farms. Mr. Flores was awarded $25,000 by the Ontario Labour Relations
Board [OLRB] because his multi-millionaire bosses at Scotlynn Farms dismissed
him for speaking up for his co-workers, for asking for his rights, for
speaking
up for co-workers sick with COVID-19, for asking for accountability and
for speaking to the media.
"...It is the federal government that is truly
responsible for what Mr. Flores and countless other migrant workers
have suffered and the only real compensation and repatriation possible
is a change in federal immigration laws providing full and permanent
immigration status for all. That is why we are here outside the Deputy
Prime Minister's
office, calling on the federal government to act."
 He pointed out
that with the second wave of COVID-19 hitting farms now there are over 85 infected
workers on Ontario farms and that "What happened to Mr. Flores could be
happening right now to any of these workers" and that "intimidation,
violence, abuse and exploitation will continue as long as employers
have the power to terminate any workers
who stand up for their rights" and called on the federal government to
"ensure full and permanent immigration status for all so that migrants
have the same rights as everyone else in this country."
Luis Gabriel Flores: "I am here to celebrate a
historic victory for migrant workers in Canada. While at this time we
have won a battle, we have to keep fighting for equal rights for all
migrant workers in this country.... We want permanent residency so we
can defend ourselves and get the respect and equality that we derive.
We want permanent
residency because we want to reunite with our families and to be able
to receive the medical attention we deserve. And we need decent
housing." He said that his win at the Labour Relations Board did not mean that
the situation had changed for his former co-workers and urged others --
"Do not be afraid. Dare to raise your voice" and to reach
out to
organizations like MWAC for assistance and support.
John So: "This is the first case that the OLRB has
heard with respect to migrant farm workers who have been penalized and
fired for speaking out about working conditions. What is astounding
isn't that we won the case. What is astounding is that it took so long
for us to have a decision
relating to this issue. People who work with migrant workers have known
for decades, it has been an open secret that any migrant worker who
speaks out is sent home, penalized of fired or isn't invited back next
season." He said that even though Mr. Flores has won his case the same
conditions that allowed Mr. Flores to be exploited and to be
penalized still exist, and that the OLRB, as a reactive institution,
can only respond to those who are able to present a case and that is
not something that thousands of workers are able to do. He ended by
saying that "The only way we can prevent what happened to Mr. Flores
from happening again is to eliminate, change, reform, the system that
causes this exploitation, this precarious situation, this
marginalization to occur."
Stop the Deportations of
Migrant Students!
November 24, 2020. Rally at the Constituency
Office of Marco Mendicino, Minister of Immigration
Migrant students and their supporters delivered
petitions containing over 16,000 signatures to the Toronto constituency
office of the Minister of Immigration, Refugees and Citizenship, Marco
Mendicino on November 24. This was the latest of several actions that
students have organized to raise public awareness of their situation
and to put
forward their demands for changes to the immigration rules.
 The requirement
that migrant students have to meet in order to be granted permanent
residence status in Canada come under the Department of Immigration's
Post-Graduation Work Permit Program (PGWPP). A migrant student who has
studied in Canada must work, after graduation, for 12 to 24 months in a
managerial or skilled professional
position. Thousands of students who have work permits have lost
suitable jobs due to the pandemic and not been able to find work that
meets these conditions. To make ends meet many are working in
non-skilled jobs or in part-time positions and none of this work counts
towards the 12 to 24 month requirement. Work permits are non-renewable
and it is estimated that thousands will face deportation in the near
future because they have been unable to fulfill the requirements.
The petition that was delivered calls for
immediate changes to the rules, including making work permits renewable
and counting all work, not just work in managerial and professional
positions.
Several students spoke at the action on November
24, as well as a spokesperson for the union representing 17,000
unionized faculty at Ontario post-secondary institutions who expressed
their full support for the demands of the students for renewal of work
permits, for counting all work, and for an end to the deportations.
Migrant Students United, issued this appeal on their Facebook page: "Time has been stolen from us, and the consequences
of inaction will be devastating. Minister Mendicino: Make work permits
renewable. Value all work for permanent residency. Ensure full and
permanent status for all. Don't punish migrant workers for the
pandemic." They
are asking for assistance to achieve their demands and that people
"Call Minister Mendicino at 416-781-5583 or 613-992-6361 and demand
that he make work permits renewable and ensure #StatusForAll."
 
Meeting Workers' Demands Is
Key to Control COVID-19
Health care workers in the
Saguenay--Lac-Saint-Jean region of Quebec firmly oppose the use of government
ministerial orders to impose untenable conditions on them, in the name
of curbing the second wave of COVID-19. Outbreaks of the virus are on
the rise in the region. On November 24, Public Health confirmed 1,103
active cases in the area and
103 deaths since the beginning of the pandemic. On November 24 alone,
it confirmed 104 new cases and seven new deaths. Hospitalizations related
to COVID-19 are also on the rise. It is estimated that there are
currently over 120 outbreaks in the region, in almost every sector:
hospitals, residential and long-term care centres (CHSLDs), private
residences for the elderly, childcare facilities, schools and workplaces unrelated to health care.
 Health care
workers report that the response of the Saguenay--Lac-St-Jean
Integrated Centre for Health and Social Services (CIUSSS) is to use the
Legault government's ministerial orders to change at will the working
conditions of staff without consultation and their authorization which,
in the case of unionized staff, is in violation of their
collective agreements.
For example, 12-hour shifts have now been imposed
on nurses and orderlies at the Alma Hospital, as well as on all nursing
staff and orderlies working in certain CHSLDs. According to CIUSSS
management, the reorganization of schedules must remain in effect until
the end of the outbreak. In addition, the CIUSSS has begun applying the
ministerial order to force part-time nursing staff to work in areas
where there are outbreaks.
Julie Bouchard, President of the
Saguenay--Lac-St-Jean Union of Health Care Professionals, strongly
condemned these measures. She pointed out that they may lead to more
resignations and sick leave. "It will not help the health care community if we
lose them because of this," she told the press. She deplored the fact
that all the working conditions of nursing staff have been set aside
without their consent and that the Quebec government refuses to
implement the solutions proposed by the union to improve working
conditions to keep staff at
work and attract others.
"We want professional-ratio patient care in order
to provide quality and safe care to the population. We also want
full-time work to be reinvented. For example, four days could be
considered as full-time to encourage people to join the network." 
July 9, 2020. Health care workers
in Saguenay--Lac-St.-Jean rally in support of their demands.
Before the start of the pandemic, the regional chapter of the Interprofessional Health Care Federation of Quebec (FIQ) evaluated the need for nurses and registered nursing assistants (RNAs) at
approximately 200. Professionals who have left the workplace (for
health reasons for example) or who have since moved to administrative
duties, along with early retirements, have added to the shortage.
According to Julie Bouchard, another
75 nurses, RNAs and respiratory therapists who have withdrawn since
the beginning of the second wave must be added to the shortfall.
On November 21, nurses in the obstetrics
department at the Alma Hospital informed the union that they are
considering resigning en masse as a result of untenable conditions, in
particular the mandatory 12-hour shifts, to which mandatory overtime is
sometimes added.
A letter by one of them addressed to the union was
published in part in a regional newspaper. In it, the worker explains
that besides being a nurse, she is also a single mother with two
children. She is unable to fulfill both roles under the current
conditions.
"I can't even stay until 8:00 pm ... what are my
children going to do between 4:00 pm and 8:00 pm?" she writes.
"Who's going to pick them up from daycare, make them supper, do
homework, bathe and tuck them in? And then pick up my dirty dishes,
wash my soiled hospital clothes, prepare their lunch and mine for the
next day, along
with my supper, as the cafeteria isn't open during the evening?"
Julie Bouchard talks about the distress these
employees are experiencing: "It's a cry from the heart from the girls. It's a
cry for help because they can't take it anymore."
She notes that the health system is at its limit
and that a serious change in working conditions, based on the demands
of health care personnel, is necessary to curb COVID-19.
These events reveal that the government and the
administrations it has put in place as part of its restructuring of the
health system have no other response to the crisis of COVID-19 than to
destroy the workforce that sustains the system and prevents it from
collapsing completely, thus further aggravating all the problems.
It is urgent that the demands and solutions put
forward by health care workers be implemented.
Close to a hundred public sector workers in the
Outaouais region demonstrated Saturday, November 14 in the streets of
Gatineau and in front of the Gatineau Hospital as part of actions
organized across Quebec organized by the Confederation of National Trade
Unions (CSN).
These are health and social services workers, education workers as well
as
government agency workers who are presently negotiating the renewal of
their collective agreements.
 The main demand presented by the CSN in these
actions is for major investments in the public system, among other
things, by investing in the necessary resources to meet the needs of
the workers in the field. "Our public services have been falling apart
for some time. Now we can see the extent of the damage and how the
population as a
whole is suffering from this", says a statement by the CSN.
It also points out that the main reason given by
the government to justify today's confinement measures is the weakened
response capacity of the health system, greatly diminished by the
cutbacks and austerity measures of the last decades. The CSN states:
"M. Legault has said it on many occasions: we have entered this crisis
with a weakened
system and that is why he has had to, during these months, make
decisions which, in turn, have had an impact on the whole of Quebec,
with numerous breaches of services in health and social services and
the cancelling of surgical interventions and aftercare. In the
education system, where human and financial resources have been
stretched to the
limit for months on end, there are alarming signs of overall
exhaustion. There is also the suspension of commercial activities and
the impacts this has on our economy."
Demonstrators reiterated that the staff shortages
can only be resolved by improving the working conditions, beginning
with lightening the workload which had become unbearable and which is
decimating essential workers, especially in this period of pandemic.
They also denounced the ministerial ruling which allows, among other
things,
regional employers to impose full-time work on part-time workers,
against their will.
(To access articles
individually click on the black headline.)
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