We have done our best to list every major legal decision dealing with migrant agricultural workers in Canada – and may expand to the U.S. and beyond later on!

*Justicia was a main party/supported a main party

^Justicia intervened

Employment / Labour

• *Antonia Becerril Jimenez v Piccioni Bros. Mushroom Farm Limited, 2022 CanLII 87880: Application to award Ms. Becerril termination pay. Unsuccessful.
• *Kenny Bernard Florent v 2492309 Ontario Limited, 2021 CanLII 39057: Case about a worker who was terminated after raising health and safety concerns (employer said the termination was because of misconduct). Partially successful – not on the reprisal, but because the alleged misconduct was condoned.
• Luis Gabriel Flores Flores v Scotlynn Sweetpac Growers Inc., 2020 CanLII 88341: Case about a worker who was fired (reprised against) after he spoke out about health and safety concerns. Successful.
• Tigchelaar Berry Farms v. Espinoza, 2013 ONSC 1506: Two workers sued for wrongful dismissal and that their ss. 7 and 15 Charter rights have been violated. Unsuccessful.
• L’Écuyer c. Côté, 2013 QCCS 973: Judicial review of a decision to refuse ceritfication to a union of migrant agricultural workers in Quebec, and challenge that it was a violation of their s. 15 rights as migrant workers. Partially successful (on the certification), not on the Charter rights violation.

Human Rights

• *Logan v. Ontario (Solicitor General), 2022 HRTO 1004: Case about a group of 94 Caribbean farmworkers whose DNA was taken by the Ontario Provincial Police. Successful.
• *Hosein v. Ontario (Community Safety and Correctional Services), 2018 HRTO 298: The same case, important because it details the vulnerabilities faced by migrant agricultural workers.
• *OPT v Presteve Foods Ltd., 2015 HRTO 675: Case about a group of women farmworkers who were sexually harassed in the workplace. Successful.
• *Peart v. Ontario (Community Safety and Correctional Services), 2014 HRTO 611: Case about a migrant worker who tragically died at work, and it was alleged that the Coroners Act discriminated against migrant agricultural workers because it did not make inquests mandatory. Unsuccessful.
• *Monrose v. Double Diamond Acres Limited, 2013 HRTO 1273: Case about a worker alleging racial discrimination. Successful.
• *Casimir v. Double Diamond Acres Ltd., 2012 HRTO 2164: Case about a worker who was terminated after getting married (discrimination based on marital status). Unsuccessful.
• *Hazel v 624091 Alberta Ltd., 2013 HRTO 435: Case about a worker alleging discrimination based on race, citizenship and similar grounds. Interim decision on whether to adjourn (postpone) the hearing as the worker was not in Canada. Successful.
• *Jamjai v. Greenwood Mushroom Farm Inc., 2013 HRTO 96: Case about a worker alleging discrimination a variety of grounds due to an employer imposing a house rule prohibiting visitors of the opposite sex. Interim decision on whether to defer the hearing due to an Employment Standards claim. Successful (decision maker did not defer the hearing).

Health Care/Workers’ Compensation

• *Batch case (Decision No. 1169/20, 2023 ONWSIAT 1423, Decision No. 1171/20, 2023 ONWSIAT 1421, Decision No. 1736/21, 2023 ONWSIAT 1422, Decision No. 1172/20, 2023 ONWSIAT 1420): Four injured Jamaican farmworkers who were “deemed” by WSIB to be able to find suitable work in Ontario despite being repatriated back to their home countries. Successful.
• Decision No. 116/12, 2012 ONWSIAT 2220: Worker who contracted occupational asthma was found not to have entitlement to WSIB. Unsuccessful.
• Decision No. 588/20, 2020 ONWSIAT 941: Worker appealed the decision to deny him WSIB benefits for low back pain. Successful.
• OHIP v Clarke & Williams, 2014 ONSC 2009: Workers who were awarded OHIP benefits after the end of their contract (they stayed due to injuries sustained in a work-related vehicular accident) by the Health Services Appeal and Review Board. OHIP asked the Divisional Court to review the decision. Unsuccessful for the workers (the Divisional Court overturned the decision to grant them benefits).

Other

• ^Schuyler Farms Limited v. Dr. Nesathurai, 2020 ONSC 4711: Case where a farm tried to overturn the Chief Medical Officer of Haldimand-Norfolk County’s decision to limit workers to three-to-a-bunkhouse. Successful (in that the farm was unsuccessful).
• ^Safe Food Matters Inc. and Prevent Cancer Now v Attorney General of Canada and Minister of Health: Judicial review application of the Minister of Health’s decision to ban a pesticide called chlorpyrifos with a three-year phase-out period. Application was based on the phase-out period given proven health concerns and to migrant farmworkers who use the pesticide. Unsuccessful.

Constitutional Challenges

• ^Ontario (Attorney General) v. Fraser, 2011 SCC 20: Constitutional challenge to the Agricultural Employees Protection Act that excluded agricultural workers from the Labour Relations Act but created a separate regime for them. Unsuccessful.
• Dunmore v. Ontario (Attorney General), 2001 SCC 94: Constitutional challenge to the Labour Relations and Employment Statute Law Amendment Act which repealed the Agricultural Labour Relations Act (the only act that allowed agricultural workers to unionize and collectively bargain), and effectively barred them from organizing. Successful.