Pubdate: Mon, 22 Aug 2016 Source: Toronto Star (CN ON) Page: A10 Copyright: 2016 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 END ABUSE OF MIGRANTS For most Canadians, the image of exploited labourers toiling in fields of drug crops recalls the seamy side of Afghanistan and Southeast Asia. But it could apply to some medical marijuana farm workers right here in Ontario, Canada's biggest employer of migrant labour. They're among the thousands who enter Canada under the Temporary Foreign Worker and Seasonal Agricultural Worker programs, arriving with "closed" work permits that tie them to one employer and force them to return to their countries after four years at most, with no possibility of permanent-resident status. About 30 of these workers are now cultivating the licensed medical marijuana that has put Canada among the most progressive countries on this issue. The market, along with its labour force, is due to explode once recreational use of marijuana becomes legal. But the conditions for the pot producers are anything but progressive. "They cannot withhold their labour," writes Chris Grisdale, an Osgoode Hall law graduate who has studied migrant rights. "Employers do not have to bargain in good faith. Complaints of unfair labour practices must be brought to a tribunal, which lacks labour-relations expertise." Nor are workers covered by Ontario's Labour Relations Act. The province has laws aimed at protecting low-skilled temporary workers. It is illegal for recruiters to charge them fees and for employers to claw back recruitment costs from their pay or to confiscate their passports and documents. Bosses must provide information about workers' employment rights. However, without proactive enforcement, there are numerous reports of violations. A study by the Canadian Council for Refugees finds that migrant workers are routinely charged thousands of dollars in fees by recruiters. They are also charged hundreds of dollars for workpermit renewals, and employers illegally slap them with the cost of the Labour Market Impact Assessments that Ottawa requires before they can be hired. But the biggest disadvantage for Ontario's vulnerable workers - who often have little command of English and scant knowledge of their rights - is a system that puts the onus on them to file a complaint. A federal review of the Temporary Foreign Worker and Seasonal Agricultural Worker programs was promised by the Trudeau government, and a report due this fall could suggest changes to residency requirements for low-skilled workers. But the province should also up its game, including fulfilling provisions for a mandatory employer and recruiter registry that would allow for workplace spot checks without a court order. It's now 50 years since the migrant farm worker program was launched in Canada, and these temporary workers have become a permanent part of the labour landscape, producing food for our tables, medical relief for our pain, and, soon, recreational marijuana. They deserve better than a program that appears to give them rights but is more often smoke and mirrors. - --- MAP posted-by: Jay Bergstrom