Migrant Workers Centre Demands Immediate Action to Support BC Migrant Workers Impacted by Wildfires

Implementing these measures to mitigate the impacts of the wildfires in British Columbia on Migrant Workers is simply the right thing to do, and its positive outcomes will have a spillover positive impact on the Canadian economy. (Pexels Photo)

Vancouver – The Migrant Workers Centre (MWC) is calling on the Governments of Canada and British Columbia to address the severe impacts that the BC wildfires are having on Migrant Workers, particularly in the Okanagan Valley. This situation has caused hundreds of Migrant Workers to be displaced and without work or equitable access to emergency services.

“Many migrant agricultural workers are putting their health on the line by working in the fields, often without adequate personal protective equipment or other protocols to safeguard against exposure to smoke. For those who have been displaced, they are struggling to access emergency services due to a lack of transportation and technology. For too long, there has been lax enforcement of the rights of Migrant Workers, and we are seeing this come to a head in the context of this emergency,” said Vanessa Maggisano, Staff Lawyer with MWC’s Agricultural Workers Legal Clinic in Kelowna, BC.

On Saturday, August 19, 2023, MWC sent a letter to Minister of Immigration, Refugees, and Citizenship Marc Miller urgently calling for the provision of emergency open work permits for migrant workers, as well as ensuring access to Employment Insurance benefits during the period when they are unable to secure alternative employment.

Hired under employer-specific work permits, Migrant Workers who have been displaced due to the fires encounter significant obstacles in seeking alternative employment on different farms or in other workplaces. Emergency open work permits would enable Migrant Workers to secure alternative employment in Canada and continue earning wages.

“Migrant justice advocates have long advocated for the federal government to end the practice of issuing employer-specific work permits to Migrant Workers as they place workers in a uniquely vulnerable situation whereby their immigration status in Canada is tied to their employer, making it difficult to refuse unsafe working conditions or leave situations of abuse,” said David Fairey, Secretary of the Migrant Workers Centre’s Board of Directors.

Minister Miller and his department have yet to reply to MWC’s letter. Both the Canadian and British Columbia governments have not adequately addressed the difficult circumstances migrant workers are currently facing.

Instead, on 21 August 2023, Employment Social Development Canada, the agency responsible for Canada’s Temporary Foreign Worker Program, issued a bulletin encouraging employers and the public to report “missing” workers. The email explains that “a TFW can be considered “missing” when they fail to report to work without explanation and there is evidence that they do not intend to return, or they do not return to the workplace within a reasonable time frame”. The email explains that all “missing” workers should be reported to Service Canada as soon as possible, and that they should also be reported to the Canada Border Services Agency (CBSA) if there is suspicion of immigration violations such as human smuggling, human trafficking, overstay, and working without authorization.

“Many Migrant Workers already receive threats of deportation from abusive employers. ESDC’s recent directive gives employers another tool to make these threats. It will only make Migrant Workers who want to escape unsafe or exploitative situations more afraid to do so”, says Jonathon Braun, Staff Lawyer with the Migrant Workers Centre.

MWC is urgently calling on the Government of Canada to:

1. Immediately Issue Emergency Open Work Permits to Migrant Workers Impacted by the Wildfires: MWC proposes a simplified method for the issuance of emergency open work permits, which involves automatically issuing permits without requiring workers to apply, removing processing fees, and providing permits for at least 12 months. These steps are designed to make sure that workers in need get the assistance they require quickly and effectively.
2. Grant Access to Employment Insurance Benefits: This includes relaxing the minimum hour requirement for eligibility which will ensure that workers are not left without financial support during these difficult times.
3. Conduct On-Site Inspections of Farms to Ensure Compliance with Health and Safety Guidelines: This involves coordinated enforcement of WorkSafeBC health and safety guidelines to minimize exposure to wildfire smoke through random, unannounced inspections on farms.

Additionally, MWC is calling on the Government of British Columbia to:

1. Provide Migrant Workers with Equitable Access to Emergency Services: MWC calls on the BC Government to coordinate access to emergency supports for Migrant Workers in collaboration with local emergency operations and employers to ensure that no Migrant Worker is left behind.

Implementing these measures to mitigate the impacts of the wildfires in British Columbia on Migrant Workers is simply the right thing to do, and its positive outcomes will have a spillover positive impact on the Canadian economy.