Migrant workers fight to reclaim hundreds of millions in EI benefit

Author of the article:You can save this article by registering for free here. Or sign-in if you have an account.TORONTO, Feb. 25, 2026 (GLOBE NEWSWIRE) — On February 23, 2026, Justice Edward Morgan of the Ontario Superior Court of Justice released a much-anticipated decision to certify a class action lawsuit that was filed against the Government of Canada. The suit alleges that Canada has violated the Charter rights of migrant farmworkers employed under the Seasonal Agricultural Worker Program (SAWP) and that it has been unjustly enriched by the hundreds of millions of dollars in Employment Insurance (EI) premiums paid by SAWP workers.Subscribe now to read the latest news in your city and across Canada.Subscribe now to read the latest news in your city and across Canada.Create an account or sign in to continue with your reading experience.Create an account or sign in to continue with your reading experience.The certification confirms a sustainable cause of action exists for the claims of unjust enrichment and Charter violations, and that these are common issues across the identifiable class, which is current and former agricultural workers employed under the SAWP since January 1, 2008. The case can now proceed to trial.Get the latest headlines, breaking news and columns.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of Top Stories will soon be in your inbox.We encountered an issue signing you up. Please try againInterested in more newsletters? Browse here.2026 marks the 60th anniversary of the SAWP. Migrant farm workers employed by the SAWP are tied to an employer, are denied equal access to benefits, and are denied social and labour mobility. Workers are forced to leave Canada at the end of each season.The decision details at length the discriminatory origins of the SAWP, explaining how it was designed to admit “only workers of colour and keep them strictly tied to a limited type of employment”. The ruling notes that in 1966, the Minister of Immigration, Jean Marchand, had publicly said in Parliament that the SAWP would amount to enslavement if it were implemented on Europeans.As Justice Morgan notes, “The content of what Minister Marchand is quoted as saying is indeed controversial; in fact, today one could consider the racist connotations of his speech to be outrageous. But the fact that he said it, and that he said it nearly simultaneously with his endorsement of the SAWP, is not controversial. It is historical fact.”He concluded that: “The breaches alleged are systemic and apply across the class. The Charter claims focus on state action in imposing oppressive and liberty-restricting terms in the SAWP Contracts and legislation/regulation. Likewise, the unjust enrichment claim arises from a set of facts imposed by legislation and held in common by all class members – i.e. the payment of EI premiums, accompanied by restrictions imposed in the EI scheme and the SAWP that prevented access to EI benefits.”While the decision is a significant procedural step to potentially remedying the financial injustices suffered by over 75,000 workers from the unjust enrichment, it is imperative that Canada addresses the structural racism inherent in Canada’s EI and immigration systems. Canada cannot continue a system that indentures migrant workers to an employer, nor can it proceed with a ‘solution’ of tying workers to an industry. Instead, Canada should reinstate the protocol that was made available to everyone else, where workers could come and work with permanent status.It is also imperative that Canada ensure migrant farm workers can access benefits during periods of unemployment, regardless of whether they are here in Canada or whether they have valid immigration status. For example, as of October 2025, many migrant farm workers returned home to Jamaica without any entitlement to EI benefits, even when their communities were devastated by Hurricane Melissa. Despite their contributions, they were denied access when they needed it the most.J4MW remains concerned about the plight of workers in the agricultural stream and low wage occupations, who are not part of the class in this action. Employer-specific work permits create undue hardships for all migrant agricultural workers to access EI, especially workers who are forced to return home after the end of their contract. Precariously employed migrants face similar obstacles when returning to their country of origin.As such, J4MW continues to advocate for equal access to EI for all migrant agricultural workers.For more information please contact Chris Ramsaroop 647-834-4932 or ramsaroopchris@gmail.comTaneeta Doma 1 (519) 903-7376J4mw.on@gmail.comPostmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.