Worker type: Farm Workers

Farm Workers

Tribute to Mervin Smythe

Written by his daughter, Tamara Smythe

This is a tribute to the late Mervin Samuel Smythe also affectionately called Firdy or Tail Pipe. Late of Fine Grass District Walderston Manchester Jamaica. 

He was a trusted and loyal friend, a very good husband to my late mother Pauline Elizabeth Smythe and indeed he was the world’s number one in a million dad to myself Tamara Smythe and my brother Johnoy Smythe. There was never a dull moment with him. He was always giving jokes and breaking the ice in any crowd. He loved to dance and eat curried goat. He said, Goat make you strong.

He dedicated his life to making his family successful. He never thought it to be a burden to assist anyone with anything, be it a loan or some good human service. He always have a lot of encouraging words. Many in the community loved him dearly as he always visit his friends and family and give them a hail and ask them how they were doing. 

He was dedicated to his farming as that was the only life he knew, to use his hands to nurture and care whether crops or animals to maturity. 

He was a migrant worker for the past 20 years. As a result of that, he was away for six months out of the year. We did have fun together and tried to get as much of him as was possible for the other six months that he would be with us. 

He missed out on so many things because he worked so far away however it was a sacrifice he was willing to make, as it was the best way he knew to take care of his family. 

Daddy always taught me to fight for what I believed in and he led by example. In the last two years of his time as a migrant worker he did join the community organization Migrant Workers Alliance for Change as he strongly believed in Status for all migrants in Canada. He stood up for what he believed in. He made posters and did anything required in the fight for such a positive change. He never got a chance to live to see the change however I know his contribution meant a lot.  I do sincerely hope that his efforts and work on the migrant workers programme was not in vain and will impact the needed positive change. 

My dad retired in 2020 and became a pensioner for the year 2021. He said he was getting ill and was not able to continue the programme. He passed away on the fourth of November 2021 and went home to be with mom.  He left behind six grand kids, one daughter in law whom he loved and cared for very much.

I am honoured that I am able to give this tribute to my dad on this platform and say farewell and goodbye to a wonderful, trustworthy, faithful, courageous, dedicated, tactful and a prime example to follow. My dad Mervin Samuel Smythe. You are definitely missed. 

Farm Workers

Can I still get healthcare if I don’t have status?

Everybody deserves healthcare, but unfortunately the current system can make it difficult to access if you don’t have provincial health insurance like OHIP. That’s why we’re uniting together to fight for permanent status for all, so that everyone can get the care they deserve.

Community Health Centres (CHCs) provide healthcare for people without insurance and immigration status. For a list of CHCs in Ontario, press this link. If you need help finding healthcare in your area, contact us for assistance. Everything you share is private and confidential.

Farm Workers

I don’t have papers and am working for cash. Do I have rights at work?

Even if you’re working without a valid work permit or Social Insurance Number (SIN), you still have rights! This includes human rights, health & safety, employment standards, and Workplace Safety & Insurance Board (WSIB).

You have the right to:

  • Get paid for all the hours you work
  • Be paid at least minimum wage

Without status, it can feel scary to stand up for our rights. That’s why we’re uniting together to protect ourselves and fight for permanent resident status for all!

There is safety in numbers. If you’re being mistreated or cheated at work, you’re not alone! Get in touch with us for support and send a WhatsApp message to Kit at 905-324-2840.

Tips for Protecting Yourself at Work

  • Keep documents to help show what wages you are owed, including:
    • What you were paid and when
    • The hours you worked
    • The dates you worked
    • Where you worked and what you did each day
  • Keep records or take pictures of all your employment documents, including:
    • Any papers you sign
    • Your pay statements
    • Cheques you received
    • Any communications (texts, emails, WhatsApp messages) that you have with your boss or supervisor
  • Your boss may ask for an address. If you do not feel safe providing your home address, you can provide a different address where you can safely pick up your mail.

Getting cheated at work? Get in touch for support: 905-324-2840.

Farm Workers

My work permit is expiring or expired. What are my options?

Expiring soon

If you are on the Seasonal Agricultural Workers Program (SAWP) for 8 months or less, your work permit expires on December 15 every year (check your work permit if you’re unsure). It is legal for you to stay in Canada until this date.

If you have a valid work permit (not expired) and want to stay in Canada longer you have 3 options:

  1. Apply for a visitor visa
  2. Apply for a work permit extension
    • You must apply to extend your work permit at least 30 days before it expires. That means, if your permit expires on December 15, you must apply before November 15.
    • Tap here for more information about what you need to do to apply.
    • Most importantly, you must have a job offer from an employer with a valid Labour Market Impact Assessment (LMIA) – this means they have permission from the Canadian government to hire you as a migrant worker. Your employer must complete all the required steps (tap here for a link to employer requirements).
  3. Apply for spousal sponsorship

These options aren’t good enough! We are uniting to take action and win changes to unfair immigration rules – tap this link to take action with us.

Expired Permit

If you have an expired work permit, you have 3 options:

  1. Restore your status
    • You only have 90 days after your permit expires to apply for restoration. [Tap this link for a video to learn more.]
    • Processing and restoration fees are over $450
    • For many of us, 90 days have already passed since we lost status and we’re ineligible for restoration. That’s not fair! Keep reading to learn more about your options.
  2. Apply for spousal sponsorship
  3. Humanitarian & Compassionate (H&C) application
    • If you lost status, you may be able to apply for H&C if you can prove there are exceptional reasons you should be granted permanent resident status and you can’t access any other program
    • You must be able to prove that you have established a life in Canada, and more
    • Processing fee is $550
    • [Tap this link for a guide to applying for H&C]

If you are not able to apply for these options, you are not alone. We are uniting to take action and win changes to unfair immigration rules – join us!

Take action

  • Use + share the email tool to win permanent status for all undocumented migrants, including people like you with expired permits. Tap here to take action and send a message to PM Trudeau
  • Migrant Workers Alliance for Change is led by migrants like you! Interested in becoming a member?
    • Send a WhatsApp message to Kit at 905-324-2840
Farm Workers

Jamaican Farmworkers Meeting with Fact-Finding Team – September 25, 8pm Toronto time

Your voice is powerful! This is your chance to share the truth of what you’re going through as a farmworker. Fill in this form and we’ll send you a link to join the meeting via WhatsApp. Everything you share is private and confidential.

In the meeting you can be anonymous, keep your camera off, use a fake name and/or wear a mask.

Come to share your story or simply to bear witness – your voice and presence are important!

Note: The fact-finding team reached out to us to schedule this meeting, but they have *not* confirmed they will be there. We will hold this meeting even without them, and send them a report of what was shared (keeping anonymity).

Farm Workers

Farmworkers: Take action in September!

Migrant Workers Alliance for Change members making headlines

Migrant farmworkers across the country are taking action to win change for the benefit of all migrants! What are YOU willing to do to win?

Here are some ideas to get started this month ⬇

Events

Ongoing

Have other ideas for actions? Need some help getting started?
Send us a WhatsApp message at 905-324-2840

Farm Workers

I need a job, can you help?

Life is getting harder – the cost of food, medicine, and school fees are getting higher, while wages and opportunities are dropping. The rich are getting richer, while our families continue to suffer.

Migrant Workers Alliance for Change is a migrant worker rights organization led by migrants; we are not a job placement agency and cannot help you find a job. We’re fighting to change the laws in Canada so that you can get permanent resident status and pursue better opportunities to build a better life for you and your family! >Tap here to join us and take action<

YOUR OPTIONS:

  • TAKE ACTION to win permanent status for all and stop the unfair cuts to immigration! Tap here to send a message now.
  • Use this Canadian government website to look for farms in Canada that are hiring, but you may need to apply for your own work permit: https://www.jobbank.gc.ca/temporary-foreign-workers. Beware of job & immigration scammers and recruiters who make big promises but will take advantage of you!
  • If you’re on the Seasonal Agricultural Workers Program, contact your country’s Ministry of Labour.
Farm Workers

Release: Largest Employer of Farmworkers Pleads Guilty After Worker Death from COVID-19, but Abuses Remain Rampant in Canada

Migrant workers call for equal rights through permanent resident status so that they can protect themselves

Toronto, June 6, 2022 — Today, Scotlynn Farms, one of Canada’s largest employer of migrant farmworkers, pleaded guilty and agreed to pay a fine of $125,000 and a 25% surcharge in the second COVID-19-related prosecution of an employer under occupational health and safety laws in Ontario. Over 200 workers were infected at the farm during an outbreak in May and June 2020, when the virus ran rampant with no vaccines available, among workers housed and working in crowded and unsanitary conditions. One, Juan Lopez Chaparro, died. Migrant farmworker Gabriel Flores later won $25,000 for lost wages and reprisals after he was fired for speaking to the media about conditions on the farm.

“While Scotlynn gets a slap on the wrist, these kinds of exploitative working conditions remain common across the country because migrants can only come to Canada with precarious and vulnerable immigration status,” says Syed Hussan, Executive Director of the Migrant Workers Alliance for Change. “Canada has failed to protect the migrant workers who fed us and took care of us during the pandemic. The only way to establish fairness is to support equal rights for migrants by granting permanent residency so that they can defend themselves against abusive employers. Instead, Canada has made it easier for employers to hire more precarious, temporary migrants.”

“The fine will go to the municipality, but Juan’s family, Gabriel and other workers will receive no reparations; there is no justice done here,” says Syed Hussan. “Scotlynn is a mult-million dollar, multi-national corporation, and these fines are just the cost of doing business to them; Canada needs to give migrants equal rights so that they can protect themselves through permanent resident status.”

There is no real protection for most migrant farmworkers. In December 2021, the Auditor General of Canada found “significant shortcomings” in 73% of federal quarantine inspections reports filed in 2020, and 88% of federal inspections in 2021. Migrant farmworkers have less rights than other workers. In Ontario, they are excluded from basic provincial labour laws including minimum wage, limits on hours of work, rest periods, time off between shifts, overtime pay, weekly/bi-weekly rest periods, and public holidays. Their temporary, precarious status makes them vulnerable to abusive conditions and reprisals from employers.

Gabriel Flores, was able to secure a one-time vulnerable worker open work permit after he spoke up against Scotlynn. But he was unable to renew his permit and was forced to return to Mexico. On hearing the decision, he said, “After everything we did, everything remains the same. Without permanent residency, we still have no options to protect our families. Now I can no longer return to Canada. For the employer nothing has changed, he can continue to exploit the workers. This ‘justice’ is just a show.” 

Despite thousands of farmworkers infected by COVID-19, and intense media scrutiny, no laws have been changed to grant equal rights for migrants by ensuring permanent resident status for all. The federal government’s response to the crisis has been grossly inadequate, exemplified by half measures that have yet to be implemented. In November 2020, the federal government promised national housing standards, which would not in any way have protected Gabriel or Juan, but even those have not been implemented. Minister Qualtrough promises a roundtable on the standards in June, but even that has not been announced. But employers continue to be given carte blanche, in April 2022, federal rules were changed to make it easier to hire an unlimited number of exploitable migrant workers.

Media Contact
Syed Hussan, hussan@migrantworkersalliance.org, 416-453-3632 

BACKGROUND