Good news on DNA class action certification

Justicia for Migrant Workers (J4MW) applauds the work of Goldblatt Partners LLP in achieving certification of the Granger case as a class action.

On Thursday July 9th, 2020 the Superior Court of Justice for Ontario ruled that the class action can proceed to a hearing on its merits. In October and November 2013, the Ontario Provincial Police (OPP) conducted a DNA sweep targeting Caribbean migrant farm workers while searching for a suspect involved in a criminal investigation. The class action proceedings were initiated by migrant worker Mickey Granger regarding the permanent retention of his DNA and that of approximately 100 other migrant workers involved in the DNA sweep.

You can read more about the background info for this case here.

Instead of focusing their search on the specific suspect description, the OPP engaged in an extremely broad DNA sweep that included racialized migrant workers who clearly did not match the suspect profile. DNA samples were taken from approximately 100 Indo and Afro-Caribbean men whose ages ranged from 21 to 61, whose heights ranged from 5’0” to 6’5”, and whose body sizes ranged between 130 lbs to 310 lbs. Other identifying features (e.g. hair style) were also disregarded. Workers were targeted even though they did not fit the suspect description. A human rights complaint was filed for 54 migrant workers regarding how the DNA was collected by the OPP.

“This is a significant advance on behalf of the migrant farmworkers who were impacted by the OPP’s DNA sweep. J4MW will continue to advocate on behalf of 54 of these individuals in a concurrent proceeding at the Human Rights Tribunal of Ontario (HRTO) to ensure that the racial discrimination underlying this case is appropriately addressed,” says Justicia for Migrant Workers activist and lawyer Shane Martinez, who is representing the workers in the HRTO proceedings.

In an era of outcry over racist and racialized policing, J4MW will continue to fight against injustices that occur to migrant workers in rural communities. The lack of accountability and oversight are not only issues of concern in urban settings, but racial injustice is inherent to the structures that enable migrant workers to be employed in rural communities across Canada.

“J4MW will fight anywhere and everywhere that racialized policing is used to specifically target racialized working class communities,” says Gabriel Allahdua. “Whether it’s fought in the streets or the courts, J4MW continues to strongly condemn the practice of DNA sweeps, the invasive collection and retention practices and how it’s used to specifically target Black, Indigenous, Racialized and working class communities.”

The OPP targeted the migrant worker community of Bayham, Ontario because of their precarious immigration status. They also believed that no one would hold them accountable for their actions. They were wrong! No more DNA sweeps, End Racial profiling, end racist policing and end police brutality!

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