Temporary foreign worker decries conditions on Quebec farm in CNESST complaints

When Joni Ismael Velazquez found out he would be leaving his home country of Mexico to work on a farm in Quebec's Chaudière-Appalaches region, he was full of ambition. 

"I told myself that if I worked well and my boss was satisfied, maybe after a year, I could get permanent residency and bring my family to Canada," Velazquez told Radio-Canada in Spanish. 

Velazquez's temporary work permit allows him to work on Canadian soil for one year, but only for one employer — something that immigrant worker advocates say needs to change.

When the 41-year-old arrived at the farm in Sainte-Agathe-de-Lotbinière about six months ago, he realized the working conditions at Limerick Farm were not what he had expected. 

Delayed payments, long work hours and poor water quality led Velazquez to file two complaints to Quebec's workplace health and safety board (CNESST) with the help of the Immigrant Workers' Centre, an organization that defends the rights of immigrants in their places of work. 

One of the complaints is for prohibited practice, the other for psychological harassment. 

Velazquez said he worked seven days a week on the farm, for a total of between 64 and 68 hours. 

"There was no rest, not even on holidays," Velazquez said, even though his employment contract entitled him to two days of rest per week, and to a weekly rest of at least 32 consecutive hours. 

Velazquez said the house he stayed in was in terrible shape and poorly insulated, and the water running from all the taps contained rust. The most difficult part, he says, were the late pay cheques that weren't always the amount he expected. 

After Velazquez called Animé, the Beauce agricultural workers' agency that recruited him, his boss Serge Gagné finally paid him the proper amount. 

"But things changed from then on," Velazquez said. "He started insulting me." 

In addition to late payments, Velazquez said his boss refused to take him and his workmate to shop in the village, the only place where he could buy food. 

"I couldn't eat, and neither could my family in Mexico, since I couldn't deposit my cheques," Velazquez said. Once, he said, he walked about three hours to make a trip to the village and back on foot. 

After filing the complaints and fearing the wrath of his boss, Velazquez left the farm for Montreal on June 29. 

The events described by Velazquez were corroborated to Radio-Canada by another temporary foreign worker. 

Serge Gagné did not return Radio-Canada's request for comment.

The development manager of the Arimé recruitment agency, Julio Cesar Morales, said he's had problems with this agricultural producer in the past. 

"He's my only client who doesn't pay on time," said Morales, adding that he is considering cutting professional ties with him.

'They come here to work, not to be mistreated'

Viviana Medina, who works with the Immigrant Workers' Centre, believes the high vulnerability of temporary agricultural workers makes them easy prey for abuse and exploitation. 

Some farms are in very isolated places, and workers such as Velazquez don't speak French or English. Many workers also incur a large debt to come to Quebec, Medina said. 

"We need to explain to them that even though they make more money here, they come here to work, not to be mistreated," Medina said. "We explain to them that they must assert their dignity and their rights."

The biggest issue for Medina is that temporary foreign workers are bound by their contract to a single employer. This makes it easier for employers to exploit workers, Medina says. 

Ottawa amended the Immigration and Refugee Protection Regulations a year ago. Under the new provision, foreign workers who are victims of violence in their Canadian workplace can apply for a work permit for vulnerable workers — which allows them to change employers.

Between June 1, 2019 and May 31, 2020, Immigration Canada says it received 952 open work permit applications for vulnerable workers. Of that number, 853 were processed and 451 requests, or 53 per cent, were accepted. 

"It's a cumbersome process," Medina said. "It is impossible for a worker who does not speak French or English to make this permit change request alone." 

She and her team have managed to obtain around 20 licence changes for vulnerable workers, but they have never been successful for workers in the agricultural sector. The Immigrant Workers' Centre has assisted in submitting 10 applications for temporary agricultural workers. 

Velazquez is not ready to give up hope. 

"I really want to work here, and I think I will find a good employer. The money I earn in Canada will allow me to provide a better education for my two children and also to expand my house. Four of us sleep in the same room at the moment," Velazquez said. 

The CNESST is still investigating Velazquez's case. 

Between 2014 and 2019, the CNESST processed and accepted 5,043 files related to work accidents or psychological injuries to temporary foreign workers.