The plaintiffs brought a motion to certify a class action on behalf of participants in the Seasonal Agricultural Worker Program (SAWP), alleging that the program's tied employment provisions and compelled payment of Employment Insurance (EI) premiums infringe sections 7 and 15(1) of the Charter and constitute unjust enrichment.
The Crown opposed certification, arguing that the SAWP is a voluntary program and pointing to an overlapping national class action already authorized in Quebec.
The court found that the plaintiffs pleaded tenable causes of action, noting the historical evidence of discriminatory intent behind the SAWP and the structural exclusion of SAWP workers from EI benefits.
The court concluded that the Ontario action was preferable as it focused specifically on the unique conditions imposed on SAWP workers and could proceed in parallel with the Quebec action.
The motion for certification was granted.
