Canadian government facing potential class action lawsuit from employees

ertain workers in Canada may have the opportunity to participate in a class-action lawsuit that has been initiated against the federal government. The Ontario Superior Court of Justice recently approved a class action on behalf of migrant agricultural workers, alleging that the Canadian government has infringed upon their Charter rights.

According to the claim, the Seasonal Agricultural Workers Program (SAWP) as it currently stands enforces “tied employment,” which limits the freedom of movement for workers in Canada. This restriction was allegedly implemented to hinder the integration of racialized farmworkers into Canadian society and for other discriminatory reasons. Goldblatt Partners, the legal firm representing the workers, highlighted recommendations from two House of Commons Standing Committees in 2009 and 2016 calling for the elimination of tied employment due to the potential for abuse and power imbalances.

Additionally, the class action accuses the government of systematically excluding SAWP workers from receiving Employment Insurance (EI) benefits despite these workers being required to pay EI premiums. This exclusion has led to what the representative plaintiffs describe as “unjust enrichment” on the part of the government, alleging that Canada has collected millions of dollars in EI premiums from migrant agricultural workers and their employers over the past 15 years while denying them access to regular EI benefits due to tied employment.

The eligible participants in the class action are said to encompass 75,000 Caribbean and Mexican farmworkers who are part of the SAWP. The proposed class includes all current and former migrant agricultural workers employed in Canada on a contract basis under the SAWP since January 1, 2008.

This lawsuit is not the only legal action taken against the Canadian government regarding the rights of workers. In a separate case in June 2025, the Superior Court of Quebec authorized a class action against the Attorney General of Canada for imposing “employer-tying measures” on temporary foreign workers.

Efforts to obtain a statement from Employment and Social Development Canada regarding this matter are ongoing, and any responses will be incorporated into the story when received.

In summary, the class-action lawsuit initiated by migrant agricultural workers against the Canadian government brings attention to issues surrounding tied employment and the exclusion of workers from receiving EI benefits. This legal action underscores the importance of protecting the rights and welfare of all workers in Canada.