Pre-trial hearing against Garvin Yapp's employer scheduled for this week
On Monday, July 22, 2024, a crowd gathered at the Ministry of Labour in Toronto, rallying for justice for Garvin Yapp, a migrant farmworker who tragically lost his life in a workplace accident nearly two years ago. Organized by Justice for Migrant Workers (J4MW), Injured Workers Action for Justice (IWA4J), and the Migrant Farmworker Legal Clinic (MFWLC), the rally underscored the urgent need for reforms to protect agricultural workers in Ontario.
Yapp was 57-year-old when he died at Berlo’s Best Farm in Southern Ontario. He was employed at the farm for nearly 35 years. The pre-trial against Yapp’s employer, the VanBerlo family, is set for Thursday July 25. This marks only the second criminal prosecution announced by the Ministry of Labour this year involving the death of a migrant farmworker. The first was the case of Van Ngoc Le, who was killed at a ginseng farm near Waterford, Ontario.
Taneeta Doma, a staff lawyer with the Migrant Farmworker Legal Clinic and an organizer with J4MW, highlighted the significance of the rally. “Migrant farmworkers are injured and pass away because of the purposeful inaction of this government. A family's only option shouldn't be to prosecute the employer responsible for their loved one's death,” Doma asserted. Her remarks captured the frustration and determination of the attendees who demand stronger legal protections for agricultural workers.
The rally drew a diverse group of supporters, including migrant workers, former migrant workers, union members, and community allies. Together, they voiced their demands for systemic changes to prevent further tragedies like Yapp’s. Chris Ramsaroop, an organizer with J4MW, emphasized the need for accountability and proactive measures. “Since our inception in 2002, J4MW continues to see how both levels of government play Russian roulette with the lives of agricultural workers,” he stated. “No worker should return home in a body bag!”
The press release distributed ahead of the rally detailed the precarious conditions faced by workers under the Seasonal Agricultural Worker Program (SAWP). This program ties workers to a single employer, limiting their labor and social mobility and requiring them to return to their home countries upon contract expiration. This lack of mobility and protection leaves workers vulnerable to exploitation and unsafe working conditions.
During the rally, a letter was delivered to the Ministry of Labour, demanding immediate action and outlining specific protections for agricultural workers. The letter called for the expansion of the Employment Standards Act to include agricultural workers, stronger reprisal protections, and improved access to healthcare, independent of work permits.
Sang-Hun, an organizer with IWA4J, also spoke passionately about the urgent need for enforceable provincial legislation and labor regulations. “Until the Ontario government takes action, how many more migrant workers have to suffer injuries or lose their lives?” he questioned. “The absence of enforceable provincial legislation and labor regulations to protect workers’ rights to cooling facilities leaves us vulnerable to hazardous working conditions.”
Despite the upcoming pre-trial, Doma remains cautiously optimistic about the Ministry’s response. “We have managed expectations because this is, of course, not the first time that we've delivered a letter to the Ministry of Labour or written to the province about similar issues,” she noted. However, the rally organizers and supporters are committed to continuing their advocacy until meaningful changes are enacted.
“The Ontario government might say that there’s a prosecution happening, but forcing a family to prosecute the employer after the fact does not mean justice has been served,” asserts Doma. “There should have been protections in place before so that Garvin wouldn’t have been in this position.”
The solidarity rally for Yapp is a poignant reminder of the ongoing battle for the rights and safety of migrant farmworkers in Canada.
