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Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that the article co-authors presented during the annual Contract negotiations between Canada and sending states in 2020. The article then explains why these recommendations were not accepted, situating the negotiation process within the structural context that produces migrant workers' vulnerability, on the one hand, and limits the capacity of representatives of sending and receiving states to expand rights and offer stronger protections to migrant farmworkers, on the other hand. We argue that fundamental changes are required to address the vulnerability of migrant agricultural workers. In the absence of structural changes, it is nevertheless important to seek improvements in the regulation of the programme through any means possible, including strengthening the Contract.
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Drawing on interviews with seasonal agricultural workers employed in Canada from Jamaica and Mexico, this paper focuses in on the experiences of a Jamaican farmworker who remits funds to pay a neighbour to farm his land (or the land he leases) while in Canada, and who participates in regular long-distance discussions with family members and neighbours back home about the upkeep of the farm. The concept of a “transnational agricultural care chain” is proposed here to capture a series of personal links between people, located, at least temporarily, in different countries, who tend to the crops and farmland as a practice that entails asymmetrical relations of obligation to care for others. Agricultural care chains form part of a strategy to get by and possibly even advance the economic and social standing of one’s family under difficult economic conditions. Land access, as a co-constitutive sphere of production and reproduction, is another important factor in the livelihood strategies of rurally-rooted migrants, but the significance placed on land must be understood in connection to the uneven processes of global capitalism, histories of colonialism and, in the case of Jamaica, plantation slavery. The paper concludes with a reflection on how transnational agricultural care chains as paradigmatic of the contemporary food system are relevant to political and conceptual discussions around food sovereignty.
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Since the establishment of the Canadian Air Line Flight Attendants’ Association (CALFAA) in 1948 and the Airline Division of the Canadian Union of Public Employees (CUPE) in 1984, flight attendant unions have advocated for duty time limits, sufficient rest periods, and fair wages. Recently, CUPE’s Airline Division has focused their efforts on unpaid ground time – a vital but overlooked element of flight attendant labor. Despite the union’s efforts, the persistence of unpaid ground time illustrates a trend of systemic prioritization of corporate profit over workplace equity. Through an overview of academic and grey literature (e.g. news articles, government documents), this review details the history of Canadian flight attendant unions before and after neoliberal reforms in the 1980s to trace trends in labor relations. We argue that increased governmental intervention and corporate exemptions in employee-employer labor relations prioritize the industry’s financial stability, forming structural barriers that dilute unions’ change-making capacity. Ultimately, we contextualize unpaid ground time within these trends – where systemic prioritization of corporate interests trump unions’ labor concerns, leaving attendants’ workplace inequity unaddressed.
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Using post-structural theories, this paper explores the public discourses of several Canadian teacher unions and grassroots teacher activist groups around the issue of school reopening plans in Canada amidst the COVID-19 pandemic. The paper aims to highlight the ways in which these two forces of teacher activism can influence and impress upon each other to create a different possible future for collective resistance to neoliberalism in education – an assemblage of union and grassroots activism intra-acting, shaping, and impressing upon one another.
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This article examines how Asian migrant sex workers have continuously been targeted by the “carceral web” of Canadian laws and policies at the federal, provincial, and municipal levels. A case study of Newmarket, Ontario’s municipal council’s recent “crackdown” on personal wellness establishments illustrates how systematic racism and “whorephobia” are embedded in the regulations targeting low-income Asian migrant women, particularly those who work in massage parlours and the sex industry. The article ends with a discussion of how Asian workers in massage parlours and the sex industry are actively working to resist, fight for their rights, and build solidarity to push back against racist oppressions targeting them.
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Migrant agricultural workers employed through Canada's Temporary Foreign Worker Program face serious occupational health and safety hazards, with compounded difficulties in accessing workers’ compensation (WC) if they are sick or injured by the job. Little is known, however, about their ability to return to work (RTW) upon recovery—a fundamental right included in the conception of WC, but complicated by their restrictive work permits and precarious immigration status. Based on interviews with injured migrant workers in two Canadian provinces (Quebec and Ontario), our research suggests that workers’ RTW process is anything but straightforward. This article highlights three key issues—pressure to return to work prematurely, communication and bureaucratic challenges with WC agencies, and impacts of injury/illness and failure to return to work on workers’ long-term well-being. Consequences and opportunities for reform are discussed.
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With the assistance of a Committee of experts, McMaster University partnered with the Canadian Standards Association (CSA) to develop the Caregiver Inclusive and Accommodating Organizations Standard (B701-17). The Standard provides workplace guidelines to better accommodate carer-workers through building carer-friendly workplace programs. A qualitative ex ante evaluation was undertaken to determine stakeholders’ (n=17) views regarding the significance and potential uptake of the Standard. This involved seeking feedback from stakeholders in various types of organizations across Canada, after they had read the draft Standard. Following transcription, interviews were thematically analyzed, resulting in four themes: (1) necessity; (2) impact of employer size; (3) motivators for implementation, and (4) use as an educational tool. Although initially in its early stages, the Standard now provides a key tool to improve accommodations for carer-workers.
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Return to work (RTW) after injury requires strong stakeholder coordination. Seafaring work is associated with high injury rates, but seafarers’ RTW is understudied. As federally regulated workers, Canadian seafarers are protected by the Canadian Human Rights Act, which prohibits discrimination based on disability. Following a work-related injury or illness, seafarers are eligible for provincial workers’ compensation benefits and RTW; however, RTW is also subject to federal regulations, including the requirement to have a valid marine medical certificate (MMC). This complex regulatory landscape may negatively influence seafarer RTW. Drawing upon a sociolegal study, we find that MMC-related human rights complaints against the federal government highlight the legal challenges seafarers face in the RTW process. Interview findings suggest that to ensure a valid MMC and employment eligibility, injured seafarers might avoid filing compensation claims or RTW before recovery. We recommend the federal-provincial agencies adopt more efficient coordination policies to support seafarers’ RTW.
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This article explores the challenges facing injured migrant farm workers in the workers’ compensation system in Canada's province of Ontario, with a focus on their fight for return to work justice. Told from the perspective of one of the lawyers who represented the workers, it highlights a recent victory achieved by 4 workers in the Seasonal Agricultural Worker Program in defending their rights to workers’ compensation support. The workers’ compensation tribunal decided that the workers’ compensation board must evaluate these workers’ ability to return to work, access retraining, and receive compensation based on their labor markets in Jamaica—instead of based on fictional job prospects in Ontario. The tribunal also called out the need to consider systemic anti-Black racism in workers’ compensation law and policy. The article analyzes how this legal victory could reshape workers’ compensation policy in Ontario for injured migrant farm workers. It also discusses the implications of the win for injured workers in other temporary work programs and precarious employment sectors.