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.

Health Care/Workers’ Compensation

• 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.

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).

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.