Workers sue the Canadian government: ignoring people’s rights and the system’s failures.
In February 2024, a group of migrant farm workers filed a class action lawsuit against the Canadian government. These workers, employed under the temporary employment programs supporting the agricultural sector, claim that their rights were violated: they had been paying to the Employment Insurance (EI) fund but were denied access to its benefits.
This lawsuit highlights systemic problems that have persisted for years: migrants work under the conditions that fail to guarantee equal protection with Canadian citizens, while the government continues to ignore this injustice.
Centauri emphasizes the importance of class action lawsuits: They serve not only to defend individual rights but also to achieve systemic change that benefits larger groups of people.
The farmers’ lawsuit exposes a broken workers’ protection system, particularly for vulnerable groups.
The situation with agricultural migrants is only one side of the problem. Temporary employment programs designed to support the economy, in reality deprive people of basic guarantees and fair treatment.
Workers pay contributions but cannot access benefits. This is not only a violation of rights but also a glaring example of governmental irresponsibility.
Such lawsuits often drag on for years, worsening victims' situations. For instance, let’s take a look at another Centauri case. CIBC paid $153 million to employees for their unpaid overtime. However, the lawsuit took ten years, and only after a prolonged struggle did the workers achieve justice. And again we are going back to the previous discussion when the lawsuit delay can end up in losing meaning.
Centauri was also part of the team that successfully challenged the Doug Ford government's 2021 “Student Choice Initiative,” which eliminated mandatory students union fees. Although unrelated to labor rights, it demonstrated the importance to challenge the system that ignores public interests.
According to Centauri, Canada's immigration and labor law systems frequently commit serious violations.
Migrants face unfair deportations, abuse by the government agencies, and a lack of mechanisms to hold perpetrators accountable. He highlights that lawyers working on immigration cases often focus on immediate needs, such as preventing deportations or securing release from detention.
Many lawyers are actively pursuing cases that demand accountability for government errors. For instance, in a recent case, lawyers accused the Canada Border Services Agency of deliberately withholding information.
The migrant farm workers' class action lawsuit seeks not only to protect the rights of individual workers but also to draw attention to the big issue: the government’s failure to ensure equal treatment and disregard of its obligations.
Issues in the legal system, including years-long delays and the neglect of vulnerable groups, deprive victims of a chance to achieve timely justice.
Without systemic accountability and reform in government policy, Canada's legal system will continue to fail those who need it most.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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