Last Update: March 23,
2006.
The Seasonal Agricultural Workers Program
The
Seasonal Agricultural Workers Program (SAWP) is a guest worker program
that attempts to respond to the labour shortage in the Canadian agricultural
sector. This program is authorized by the federal government through
the Department of
Human Resources and Skills Development (HRSDC) and administered
by privately run user-fee agencies. In Ontario and Nova Scotia the Foreign
Agricultural Resource Management Services (F.A.R.M.S) administers
the program and F.E.R.M.E. functions in the same capacity for Quebec,
New Brunswick and Prince Edward Island.
Jamaican
workers started to migrate to Canada in 1966 under the SAWP. In 1974
the program was extended with Mexican workers. Trinidad and Tobago,
Barbados and the Organization of the Eastern Caribbean States (OECS)
(Antigua and Barbuda; Commonwealth of Dominica; Grenada; Montserrat;
St. Kitts-Nevis; Saint Lucia; St. Vincent and The Grenadines) also joined
thereafter. The SAWP operates in Alberta, Quebec, Manitoba, Nova Scotia,
New Brunswick, Prince Edward Island and Ontario which receives 90% of
workers.
Indigenous
Maya Quiche farm workers from Guatemala
were recruited to work in Quebec for the first time in the summer of
2003 through a "low
skill" type of guest worker program. Guest workers from other
Central American countries may be forthcoming in the near future. HRSDC
is also planning to extend this type of guest worker program in the
construction, hospitality and tourism industries throughout Canada.
Mexico is also seeking to expand guest worker programs in the United
States, Spain and Japan. British
Columbia was incorporated to the program for the first time in 2004.

Employers
request workers through F.A.R.M.S./F.E.R.M.E. with the approval of HRSDC.
Migrant sending countries select and screen workers. Workers and employers
sign a contact that outlines respective rights and obligations and length
of employment that generally ranges between 3 to 8 months. Workers that
win the approval of employers are "named" and requested back
on the farms. A "named" worker is entitled to a additional
rights that are not granted to "unnamed" or new workers to
the program. New SAWP participants are sent to the same farm for the
first 2 years. Thereafter, s/he may be relocated to another farm if
they are not requested by their original employer.
Workers
are sent home as soon as their contracts expire. They have to report
back to their home countries with evaluation forms from their employers.
A negative report can result in suspension from the program. Workers
also have to report the treatment of they received from their Canadian
employers. Most migrant farmworkers prefer to provide a neutral report
to avoid delays in being processed to return to work in Canada.
Approximately
18,000 migrant farm workers from the Caribbean and Mexico arrive in
Canada to work in our fields, orchards and greenhouses every year. Most
workers are men but women also participate. Married men and single mothers
are usually recruited into the program. In 2003 199 women were employed
in the program and in 2004 the number fluctuated to 277. Commodities
that workers engage in include: Apiary, Tobacco Flue, Tobacco Black,
Canning/Food Processing (fruit and vegetables), Nurseries, Vegetables,
Greenhouse Vegetables, Fruit (including apples), Flowers and Sod. The
hourly wage increased to $8 /hr in all of these commodities except in
Apiary which is set at $ 8.17 /hr and Sod set at $8.63. Mechanically
harvested tobacco flue is also paid differently. The first kiln filled
in a day is paid $80 and thereafter workers are to be paid hourly for
the remainder of the work day. Tobacco Black harvesting hourly wage
is $9.24.
(See F.A.R.M.S for updated statistics
and wage
rates)
Mexican
and Caribbean Migrant Workers According to Provinces, 2002
| Province |
Mexican
Migrant Workers |
Caribbean
Migrant Workers |
Total |
| Canada |
10,779 |
7,756 |
18,535 |
| Ontario |
7,633 |
7,580 |
15,213 |
| Quebec |
2,635 |
81 |
2,716 |
| Alberta |
195 |
0 |
195 |
| Manitoba |
276 |
7 |
283 |
| PEI |
28 |
0 |
28 |
| New
Brunswick |
12 |
0 |
12 |
| Nova
Scotia |
0 |
88 |
88 |
(Source
HDRC, Verma 2003, Becerril 2003)
The Issues
The Canadian
government insists that foreign agricultural workers are treated the
same as Canadian workers but nothing can be further from the truth.
Migrant workers face an array of issues that the SAWP, Canadian government
and participating governments fail to address. First of all, migrant
workers are painfully separated from their families and communities
to make a living. They are often isolated in rural communities where
life revolves solely around the farm. Language barriers, mobility problems
and cultural differences manifesting themselves in outright racism segregates
and excludes migrant workers from the rest of their host rural communities.
Migrant workers perform rigorous and often dangerous rural labour that
few Canadians choose to do. Many workers are reluctant to stand up for
their rights since employers find it easier to send workers home (at
their own expense) instead of dealing with their serious concerns. Fear
and the structure of the SAWP (i.e. lack of appeal mechanisms, high
turn over rate of migrant workers and lack of monitoring) silences the
struggles of migrant workers. Some workers never return to the program
due to mistreatment. Others attempt to relocate to other farms. But
most of the time workers are not granted transfers because it requires
approval from the employer in question and consulate liaison officers.
Many workers remain silent out of fear from being expelled from the
program.
It is also important to note that some migrant workers claim to have
positive work experiences in Canada. However, in our numerous visits
and outreach in migrant communities we repeatedly heard forceful phrases
such as, "they treat us worse than animals!" Migrant workers,
mostly from the Caribbean, make references to slavery in explaining
their situation in Canada. Other prominent concerns we have heard from
migrant workers include:
-
Working 12-15 hours without overtime or holiday pay
-
Denied
necessary breaks
-
Use
of dangerous chemicals/pesticides with no safety equipment/protection
or training
-
Being
crammed into substandard housing with leaking sewage and inadequate
washroom facilities
-
Overt
racism from townspeople sometimes resulting in physical altercations
-
Acute
pay discrimination between migrant and non-migrant workforce
-
Unfair
paycheck deductions such as EI and other services which they have
little or no access to (it was discovered by Consuelo Rubio of the
Centre for Spanish Speaking Peoples in 2002 that workers can claim
Parental Leave Benefits through EI)
-
Inadequate
health attention and services
-
Exclusion
from basic human rights legislation such as Health and Safety Legislation
and most aspects of the Employment Standards Act
-
Prohibited
from collective bargaining and joining unions (Can
Canadian unions respond to the needs and realities of migrant farm
workers? Would a union have to originate from migrant workers themselves?)
-
Inadequate
representation in policy making and contract disputes
-
Unavailable
to claim residency or obtain educational opportunities for children
despite extensive years of work in Canada
-
Lack
of appeal process when employers repatriate workers to home country
- Depression
-
Barriers
to essential services due to language and location
- Lack
of basic ESL training
- Gender
discrimination (ie few opportunities for female workers and women
are heavily controlled and disciplined in various ways by employers)
Global restructuring
through Structural Adjustment Programs ordered by International Financial
Institutions such as the International Monetary Fund and the World Bank
and free trade agreements such as NAFTA have devastated the economies
of the Global South. National industries, particularly agriculture,
have been destroyed. Most of the workers that participate in the SAWP
are dispossessed or struggling small farmers from poor rural regions
that are forced to migrate for a living wage.
Sending countries have more often than not easily complied with neoliberal
restructuring despite its disastrous effects. For instance reform of
Article 27 in the Mexican Constitution privatized ejidal land
that was protected as commonly held land among small farmers. This reform
attacked the core of the agricultural sector and fueled the Zapatista
uprising.
Similarly, Life and Debt directed by Stephanie Black documents the destruction
of national industries induced by structural adjustments in Jamaica
forcing workers to migrate. These economic conditions facilitate exploitative
enclave economies in the North that trap certain groups of workers as
a cheap and "unfree" labour force. (See Tanya Basok:
Tortillas
and Tomatoes: Transmigrant Mexican Harvesters in Canada)
In this case, these enclaves operate as floating agricultural maquilas.
The SAWP strategically creates a racially marginalized labour pool of
farm workers from the South that are deemed as necessary labourers but
not desired citizens.
Canada has
historically relied on migrant labour to literally build the nation.
Chinese migrant workers made the federalist dream of a national railroad
possible. South Asian migrant workers tamed the fields in Western Canada.
Today migrant workers are indispensable in domestic work, construction
and agriculture. Regardless of the importance of migrant workers to
Canada's past and present they have been constantly denied basic human
rights and citizenship.
Canada has
profited immensely from the plight of migrants of the south. The low
wages of migrant workers have proliferated a multi-million agricultural
industry in Canada. Despite the importance of migrant workers to our
economy and food production they are among the most marginalized labour
force in Canada.
Justicia
for Migrant Workers urges Canadians to rethink the SAWP and to extend
the rights of citizenship and STATUS to migrant workers and their families.
Justicia also advocates for a more egalitarian world, where economic
policies are framed around sustainable communities that do not displace
workers from their communities and livelihoods.
References and further reading:
2005
HRSDC Contract for Mexican Workers
-Mexican
workers in BC
-2004
Spanish version
-2005
HRSDC Contract for Caribbean Workers
Caribbean
& Mexican Seasonal Agricultural Workers Program-Overview
Foreign Agricultural
Resource Management Services
Migrant
Farm Labour Legal Bibliography 2004-1980s, compiled by Adrian Smith-J4MW
Bibliography on Migrant
Farm Workers in North America, compiled by Katie Hinnenkamp-J4MW
Contact Justicia
for further information