Dear Mr Brown ,

I am thinking of signing up for the farm work programme; however, I heard that workers from Jamaica are often discriminated against. I want to know to what extent this is true.

AS

Dear AS,

The Human Rights Tribunal of Ontario heard a recent case from migrant workers who allege they were racially targeted by the Ontario Provincial Police (OPP) as part of a DNA sweep in connection to a sexual assault investigation in 2013.

This is the first human rights case of its kind in Canada to examine allegations of systemic racial profiling and discrimination by the police towards migrant farm workers.

It is being alleged that in October 2013, after a sexual assault occurred near the community of Bayham, Ontario, the Ontario Provincial Police conducted a DNA sweep to collect samples from approximately 95 migrant farm workers employed in the region. DNA samples were reportedly taken from Indo and Afro-Caribbean men from Jamaica and Trinidad and Tobago. Fifty-four of these migrant farm workers are suing the police based on their claim that they were coerced into providing DNA swabs.

The suspect was described as between 5 feet 10 inches and six feet tall, black, with no facial hair and a low voice that might have reflected a Jamaican accent.

Despite this very specific description of the suspect and a police composite sketch portrait, all of the migrant farm workers were targeted as suspects. Many workers who were swabbed did not fit the physical description of the suspect, except for the colour of their skin. For example, many had dreadlocks or were ostensibly much older than their 20s.

The police completely disregarded the alibis provided by the workers and wanted nothing more than to collect their DNA because of how they looked. The alleged discrimination violated their rights under Ontario’s Human Rights Code.

My observation regarding such matters is that:

1. The workers, as a social group, may have been targeted in a discriminatory manner based on race, national or ethnic origin, citizenship and/or colour, which is contrary to section one of the Human Rights Code. If an individual commits a crime the police are not to target all persons of the same race; disparate treatment based on race is prohibited.

2. Seasonal agricultural workers routinely acquiesce to exploitative working conditions due to fear of being repatriated and not being allowed back into the country to work. I am certain that many of the workers agreed to the DNA samples due to fear of being terminated and sent back to their home country.

3. However, there are enforceable laws to protect such vulnerability-based prohibited grounds of discrimination – therefore, I would not discourage you from participating in the programme. Nevertheless, be mindful of your rights and contact the appropriate advocacy groups and authorities if you believe that your rights are being violated.

Please visit JAMAICA2CANADA.COM for additional information on Canadian permanent residence programmes, including Express Entry, the Study & Work Programme, visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to documents.jamaica2canada@gmail.com