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March 14, 2007

Farm Workers' Rights

Since the March 7th crash which killed three in a van carrying 17 farm workers, question period in the BC Legislature has been dominated by a debate on protections for farm workers. On March 12th the Campbell government backtracked and announced increased checks on vehicles carrying farm workers and on March 13th the chief coroner announced that there would be an inquest into the deaths.

In Question Period on March 13th, Minister of Labour Olga Ilich responded to a question from NDP Leader Carole James by saying: "As a matter of fact, the changes that were made in 2001 did not have anything to do with what workers were paid or how they were paid. The piece rate for workers was introduced in 1981. It was the same the whole time that the members opposite were in government. What we did do was that we went to a direct-deposit system in 2001, which means that workers actually got paid and they got paid on time. The rate in 2001 was also increased by 23 percent. That was something our government did, not their government." Perhaps Ilich was confused, as she obviously was during question period the previous day. The Campbell government amended the Labour Standards Act in May 2002, not 2001. That is when it added the provision for direct-deposit, and it is when it stripped farm workers of their rights. Anyone can check Hansard for May 30, 2002, to read the debate, or better yet read the 1995 Act and compare it to the changes made in 2002.

Bill 48(2002) repealed Section 29 which required a farm labour contractor to provide a producer with payroll records and amended Section 30 so as to remove the liability of a producer for the activities of a farm labour contractor. The record clearly shows that Ilich was wrong in what she told the Legislature. Perhaps that is why Agriculture Minister Pat Bell took all questions for the remainder of the half hour question period. Bell did the same thing the previous day which resulted in Vancouver Sun columnist Vaughn Palmer writing about Ilich's pathetic performance.

It is difficult to verify everything that has been said during four days of intense debate. The Campbell government has taken every opportunity to hide behind its characterization of the former government, and repeatedly refers to its description of a change in inspection practices in 1997. CKNW talk show host and Province columnist Mike Smyth has bought the government argument and repeated it in several columns. Former agriculture minister Corky Evans has told a different version of events. According to Evans, 1997 was the time when the federal government, the provincial government, the agricultural council and the police negotiated and implemented a new protection system for farm workers. It is possible that the Campbell government is now misrepresenting the transition to that new system; alternatively, recollections of that transition may be shaded. There is no way to verify the different stories from documents available on the Internet. For those for whom what happened in 1997 is important, it will take someone who was politically neutral and intimately involved to set the record straight. For most people, what counts is what is happening now. After almost six years in power, the Campbell government needs to recognize that it can no longer blame its predecessor for its problems. On March 13th, Evans said it best: "The real issue isn't which government is the best. The real issue is whether or not farm workers, as a class of citizen, are denied what everybody else in this building and everyone in the gallery and what we expect for all of our children."

Increased enforcement and an inquest are evidence that the Campbell government is feeling the heat over its treatment of farm workers. It is possible that further concessions can be wrung out of a government that is being held to account for the consequences of its enthusiasm for deregulation and its lack of respect for low paid workers.

 
 

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