The ‘contract’ and its discontents: Can it address protection gaps for migrant agricultural workers in Canada?

Osgoode Legal Studies Research Paper No. 4412016

International Migration, 00, 1– 11

14 Pages Posted: 10 Apr 2023

See all articles by Tanya Basok

Tanya Basok

University of Windsor

Eric Tucker

York University - Osgoode Hall Law School; Cleveland State University, Cleveland-Marshall College of Law

Leah F. Vosko

York University - Department of Political Science

C. Susana Caxaj

Western University

Jenna L. Hennebry

Wilfrid Laurier University

Stephanie Mayell

University of Toronto

Janet McLaughlin

Wilfrid Laurier University

Anelyse M. Weiler

University of Victoria

Date Written: February 14, 2023

Abstract

Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that the article co-authors presented during the annual Contract negotiations between Canada and sending states in 2020. The article then explains why these recommendations were not accepted, situating the negotiation process within the structural context that produces migrant workers' vulnerability, on the one hand, and limits the capacity of representatives of sending and receiving states to expand rights and offer stronger protections to migrant farmworkers, on the other hand. We argue that fundamental changes are required to address the vulnerability of migrant agricultural workers. In the absence of structural changes, it is nevertheless important to seek improvements in the regulation of the programme through any means possible, including strengthening the Contract.

Suggested Citation

Basok, Tanya and Tucker, Eric and Vosko, Leah F. and Caxaj, C. Susana and Hennebry, Jenna L. and Mayell, Stephanie and McLaughlin, Janet and Weiler, Anelyse M., The ‘contract’ and its discontents: Can it address protection gaps for migrant agricultural workers in Canada? (February 14, 2023). Osgoode Legal Studies Research Paper No. 4412016, International Migration, 00, 1– 11, Available at SSRN: https://ssrn.com/abstract=4412016

Tanya Basok

University of Windsor

Faculty of Law
401 Sunset Avenue
Windsor, Ontario N9B 3P4
Canada

Eric Tucker (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

HOME PAGE: http://https://works.bepress.com/ericm_tucker/

Cleveland State University, Cleveland-Marshall College of Law ( email )

2121 Euclid Avenue, LB 138
Cleveland, OH 44115-2214
United States

Leah F. Vosko

York University - Department of Political Science ( email )

230 York Lanes, 80 York Boulevard
4700 Keele St
Toronto, Ontario M3J 1P3
Canada

C. Susana Caxaj

Western University

Jenna L. Hennebry

Wilfrid Laurier University

75 University Ave W
waterloo, ontario N2L 3C5
Canada

Stephanie Mayell

University of Toronto

105 St George Street
Toronto, Ontario M5S 3G8
Canada

Janet McLaughlin

Wilfrid Laurier University

75 University Ave W
waterloo, ontario N2L 3C5
Canada

Anelyse M. Weiler

University of Victoria

3800 Finnerty Rd
Victoria, British Columbia V8P 5C2
Canada

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