One of Bradford’s most prominent growers, packers and shippers of fresh carrots, potatoes, onions, beets and parsnips is facing a serious legal challenge.
Gwillimdale Farms Ltd. has been named as a defendant in a class-action lawsuit citing damages worth $1 million over allegations the farm participated in human trafficking by using the services of an unnamed third-party labour recruiter who brought workers to Canada from Mexico, according to a statement of claim filed by Diamond & Diamond Lawyers LLP with the Ontario Superior Court of Justice in Newmarket on March 31.
The statement alleges a worker, A.B., took a job as a farm worker at one of Gwillimdale Farms’ facilities on or around Jan. 1, 2022.
A.B. is identified in the filing only by their initials as they fear the case could result in retribution not only against them, but also against their family back home in Mexico.
Along with the farm, the recruiter is named as a defendant but referred to only as John Doe as the workers only knew John Doe by a pseudonym, and not his legal identity.
While the filing does not specify the total number of people in the class action, nor how many were employed at the farm, it does say the members of the class action include any individuals who were brought to Canada from Mexico by the services of John Doe, who subsequently went to work for Gwillimdale Farms going as far back as 2015.
The filing alleges, “Gwillimdale Farms knowingly, recklessly and/or negligently took part in the human trafficking of class members.”
In A.B.’s case, they were “deliberately instructed” by the recruiter to apply for a tourist visa instead of the proper work permit, and brought to Canada in January 2022 after being made to pay as much as $12,000, according to the filing, which states A.B. was told the funds would be used to obtain proper work permits and complete the necessary immigration paperwork for them to work legally in Canada.
Instead, Gwillimdale Farms allegedly took no steps to check the immigration paperwork of the workers, or to collect their social insurance numbers or home addresses, and never had the workers sign any employment paperwork or provide them with letters offering employment, according to the filing.
As a result, workers allegedly found themselves being paid only $13 per hour to work 16-hour days, seven days a week, throughout which they were required to remain standing and perform “physically challenging” tasks like lifting and carrying heavy objects — all with only two or three 15-minute breaks per day, none of which were permitted after 3 p.m., despite work frequently continuing past 9 p.m.
The workers claim to suffer from “significant physical injuries” including joint, back and shoulder pain.
A.B. claims they were provided no vacation time and no health benefits throughout their employment with Gwillimdale Farms, being instructed to continue working even when they or individuals at their residence had symptoms or were diagnosed with COVID-19, despite not having access to personal protective equipment and being made to handle fresh produce intended to be sold to consumers.
Workers who tried to take time off sick were allegedly threatened with reprisals from management, who rarely enforced mandated safety measures such as mask mandates or vaccination requirements, according to the filing.
Workers also claim they were often bullied and verbally harassed by both management and other workers for being Mexican and for not speaking English, often hearing racial slurs and stereotypes.
The female workers also allegedly endured extensive sexual harassment from both John Doe and other workers at Gwillimdale Farms, being subjected to explicit sexual advances, as well as sexual commentary on their physical appearance.
Even when they weren’t working, the workers allegedly endured cramped living spaces, with about 20 to 30 people living in a single house, with individual rooms seeing three sets of bunk beds “crammed next to each other in the tiny space.”
Some workers were allegedly made to sleep in the garage or in hallways.
The only accommodation option made available to the workers, the housing was allegedly in a remote area that required a long commute to and from the farm, with the cost of both the accommodations and shared transportation being automatically deducted from the workers’ pay without their consent.
Workers who complained about the living conditions were often verbally attacked and threatened with reprisal, according to the filing.
“In choosing to deal with the John Doe defendant rather than bringing in workers through a legitimate employment agency, Gwillimdale Farms was prioritizing profits and knew or ought to have known that it was employing workers in a manner that violated Canadian immigration laws and promoted human trafficking. Gwillimdale Farms nonetheless chose to do so for cost savings and profit maximization,” Diamond & Diamond said in the filing.
None of the allegations has proven in court, and records do not yet list the next court date for the case.
In response to questions sent to Gwillimdale Farms, Amanda D. Iarusso, of McCarthy Tétrault LLP, legal counsel for Gwillimdale Farms, said she could not provide any detailed information because the case is still in the preliminary stages, but added Gwillimdale Farms would respond “in due course and at the appropriate time.”
“The family owners of Gwillimdale Farms and their management team take the allegations contained in the class action very seriously and will defend them vigorously,” she said via email.
Iarusso explained the owners, John and Christina Hambly, are committed to ongoing compliance with their obligations under the Employment Standards Act and the Occupational Health and Safety Act, as well as to providing a safe, productive and inclusive working environment.
“Gwillimdale Farms has prided itself on creating a strong, positive workplace culture, which includes a focus on the health, safety, and well-being of all of its workers,” she said.
In September, Bradford council agreed to defer $55,280 worth of development charges to help Gwillimdale Farms with its plan to create more on-farm housing for seasonal workers by constructing a 3,300-square-foot, single-storey building with 10 bedrooms in two units on its property at 2026 Line 11.
The South Simcoe Police Service confirmed it has no information related to the case, and questions sent to York Regional Police (YRP) were not answered in time for publication.
However, the details of the filing are similar to those released by YRP earlier in the year relating to its execution of Project Norte, in which 64 Mexican nationals were rescued from a house in East Gwillimbury after five search warrants were executed, leading to the arrest of five people and the laying of 46 charges.
A national hotline has been established through the Canadian Centre to End Human Trafficking for victims and survivors to reach out for assistance and for members of the public to report incidents of human trafficking. The number to call is 1-833-900-1010. More information can be found at canadiancentretoendhumantrafficking.ca.
— With files from Rob Paul and Elizabeth Keith
