Three Mexican seasonal agricultural workers were terminated by their employer and repatriated to Mexico.
They sued for wrongful dismissal and alleged violations of their rights under ss. 7 and 15 of the Charter and the Canadian Bill of Rights, claiming they were 'privately deported' without procedural fairness.
The defendants brought a motion to strike the constitutional and Bill of Rights claims.
The court struck the Charter and Bill of Rights claims, finding that the pleadings did not contain sufficient material facts to support a deprivation of liberty or security of the person under s. 7, nor discrimination under s. 15.
The court also struck the contractual claims against Canada and F.A.R.M.S. as they were not parties to the employment contract.
The plaintiffs were granted leave to amend their Charter claims.
