Attorney General of Canada

Alleged racial discrimination and exploitative employment conditions under the federal Seasonal Agricultural Worker Program affecting temporary foreign agricultural workers in Ontario.

The Ontario Superior Court certified a class action brought by former Seasonal Agricultural Worker Program participants alleging that the program's restrictions violate their Canadian Charter rights by limiting their freedom to choose work and residence, and exposing them to exploitative conditions. The class includes approximately 74,785 workers employed under the program since 2008. The case also challenges the requirement that workers pay Employment Insurance premiums without being able to collect benefits. The case will proceed to a common issues trial.

• Workers employed under the Seasonal Agricultural Worker Program in Ontario since January 1, 2008.
• Individuals identified by the federal government as part of the certified class of approximately 74,785 workers.