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Shocking but not surprising: Auditor General of Canada criticizes enforcement of COVID-19 regulations for migrant workers

Why did migrant agricultural workers suffer so greatly when the government had supposedly taken such care to ensure their safety?

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Mexican and Guatemalan workers pick strawberries at the Faucher strawberry farm in Pont Rouge Que. THE CANADIAN PRESS/Jacques Boissinot

The Auditor General of Canada, Karen Hogan, recently issued a scathing report on Employment and Social Development Canada’s (ESDC) lacklustre enforcement of the pandemic regulations designed to protect temporary foreign farm workers.

These essential workers, on whom Canadians depend for their local food supply, are highly vulnerable to COVID-19 infection as they work elbow to elbow and inhabit crowded bunkhouses provided by the farm owners who employ them.

Workplace outbreaks were common, resulting in deaths and high caseloads among migrant agricultural workers. None of this should have happened.


Read more: How we treat migrant workers who put food on our tables: Don't Call Me Resilient EP 4


At the beginning of the pandemic, the Canadian government amended the regulations to place additional responsibilities on the employers of temporary foreign workers to help prevent the spread of COVID-19.

These included a requirement that employers provide appropriate housing and pay wages during the mandated 14-day quarantine, and provide separate accommodations for workers who became infected or showed symptoms of COVID-19.

These regulations were in addition to existing obligations to comply with applicable employment laws, including occupational health and safety regulations and housing standards, amplified in amendments to the regulations in the Immigration and Refugee Protection Act adopted in 2015. Recognizing the added enforcement burden these COVID-related regulations imposed, the government allocated an additional $16.2 million in July 2020 to cover the cost.

Why, then, did migrant agricultural workers suffer so greatly when the government had supposedly taken such care to ensure their safety?

What the report had to say

The Canadian government failed to enforce the law even after it was advised that its system of inspections and enforcement was deeply flawed.

In 2020, the ESDC evaluated almost all employers as compliant even though most quarantine inspections had little or no evidence to support that assessment. Even worse, in the presence of evidence that employers might not be following the rules, there was indication of no further enforcement action. Instead of conducting follow up inspections or imposing penalties for violations, these employers were labelled “compliant.”

The Auditor General notified senior government officials of her concerns in December 2020 and February 2021, but the problem got worse. An even greater percentage of inspection reports lacked evidence to support a finding that employers were compliant or that further enforcement action was taken when there was evidence of non-compliance.

A sign reads 'our security lies in our fight for the rights of all'
A person holds a sign during a gathering to mark Day of the Dead, in Vancouver, on Nov. 1, 2020. People gathered to honour the lives of migrants, refugees, undocumented people, workers and students who have died during the COVID-19 pandemic. THE CANADIAN PRESS/Darryl Dyck

But the problem was not limited to quarantine inspections. Outbreak inspections often failed to provide enough information to determine whether employers were providing sick or symptomatic workers with separate accommodations. And regular workplace inspections, including those related to housing, were also often of poor quality and incomplete.

These are shocking findings. But why did the Canadian government fail to live up to its commitment to protect the health and safety of temporary foreign workers while they grew the food we needed?

The Auditor General doesn’t fault individual inspectors — nor do we. Rather, she points to managerial problems, including misunderstandings of the urgency of pandemic requirements and poor quality control, among others.

Flawed by design

We think the problems run deeper. Along with Sarah Marsden, a law researcher at Thompson Rivers University, we published a report and an article, Flawed by Design, critically scrutinizing the federal enforcement regime for temporary foreign workers before the pandemic.

Based on data obtained through freedom of information requests, we discovered that onsite inspections were optional. In the first six months of the 2018-19 fiscal year (the last year for which we had data) only about 55 per cent of inspections were onsite.

The outcome of these inspections was also surprising. When we looked at all completed inspections for the 2.5 years for which we had data, nearly half of all employers were found to be in violation the first time. However, of those non-compliant the first time, 90 per cent were labelled “compliant with intervention,” meaning in the end only 10 per cent of inspected employers were deemed non-compliant.

The most common reason an employer was labelled non-compliant was for administrative reasons, signifying they likely had not co-operated with the inspector.

People pick strawberries, a tractor can be seen in the background
Mexican and Guatemalan workers pick strawberries at the Faucher strawberry farm in Pont Rouge, Que. THE CANADIAN PRESS/Jacques Boissinot

Lacklustre enforcement

The data demonstrate a continuity between the light-touch enforcement regime that prevailed before the pandemic and the one that followed it. Inspectors are instructed to focus on education and compliance assistance, not law enforcement.

As long as employers exhibit cooperative behaviour, it is assumed they have or will comply with the law without requiring further evidence.

This pattern of lax enforcement is not unique to this agency. We’ve studied employment standards enforcement regimes in Canada since the late 19th century and more recently were part of a team that conducted a multi-year, multi-methods study of employment standards enforcement in Ontario.

In the context of the federal inspection regime, lax enforcement at the provincial level compounds the problem because federal regulations require compliance with provincial and local standards, which federal inspectors are unable to directly enforce.

While the details vary, the basic story repeats itself. Until we recognize that the problems with our enforcement systems require more than a few managerial tweaks, the kinds of problems identified by the Auditor General will persist and the basic promise we make to workers that they will be protected at work will once again be broken.

Eric Tucker received funding from the Social Sciences and Humanities Research Council's Partnership Grant Program for a study on employment standards enforcement in Ontario. He is also a member of the Migrant Worker Health Expert Working Group formed in 2020 to provide expert evidence-based advice to both federal and provincial governments so they establish adequate standards and practices to protect the health and safety of migrant agricultural workers.

Leah F. Vosko received funding from the Social Sciences and Humanities Research Council of Canada's Partnership Grant Program for her participation in "Closing the Enforcement Gap: Improving Employment Standards Protections for People in Precarious Jobs." She is also a member of the Migrant Worker Health-Expert Working Group.

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International

This is the biggest money mistake you’re making during travel

A retail expert talks of some common money mistakes travelers make on their trips.

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Travel is expensive. Despite the explosion of travel demand in the two years since the world opened up from the pandemic, survey after survey shows that financial reasons are the biggest factor keeping some from taking their desired trips.

Airfare, accommodation as well as food and entertainment during the trip have all outpaced inflation over the last four years.

Related: This is why we're still spending an insane amount of money on travel

But while there are multiple tricks and “travel hacks” for finding cheaper plane tickets and accommodation, the biggest financial mistake that leads to blown travel budgets is much smaller and more insidious.

A traveler watches a plane takeoff at an airport gate.

Jeshoots on Unsplash

This is what you should (and shouldn’t) spend your money on while abroad

“When it comes to traveling, it's hard to resist buying items so you can have a piece of that memory at home,” Kristen Gall, a retail expert who heads the financial planning section at points-back platform Rakuten, told Travel + Leisure in an interview. “However, it's important to remember that you don't need every souvenir that catches your eye.”

More Travel:

According to Gall, souvenirs not only have a tendency to add up in price but also weight which can in turn require one to pay for extra weight or even another suitcase at the airport — over the last two months, airlines like Delta  (DAL) , American Airlines  (AAL)  and JetBlue Airways  (JBLU)  have all followed each other in increasing baggage prices to in some cases as much as $60 for a first bag and $100 for a second one.

While such extras may not seem like a lot compared to the thousands one might have spent on the hotel and ticket, they all have what is sometimes known as a “coffee” or “takeout effect” in which small expenses can lead one to overspend by a large amount.

‘Save up for one special thing rather than a bunch of trinkets…’

“When traveling abroad, I recommend only purchasing items that you can't get back at home, or that are small enough to not impact your luggage weight,” Gall said. “If you’re set on bringing home a souvenir, save up for one special thing, rather than wasting your money on a bunch of trinkets you may not think twice about once you return home.”

Along with the immediate costs, there is also the risk of purchasing things that go to waste when returning home from an international vacation. Alcohol is subject to airlines’ liquid rules while certain types of foods, particularly meat and other animal products, can be confiscated by customs. 

While one incident of losing an expensive bottle of liquor or cheese brought back from a country like France will often make travelers forever careful, those who travel internationally less frequently will often be unaware of specific rules and be forced to part with something they spent money on at the airport.

“It's important to keep in mind that you're going to have to travel back with everything you purchased,” Gall continued. “[…] Be careful when buying food or wine, as it may not make it through customs. Foods like chocolate are typically fine, but items like meat and produce are likely prohibited to come back into the country.

Related: Veteran fund manager picks favorite stocks for 2024

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Spread & Containment

As the pandemic turns four, here’s what we need to do for a healthier future

On the fourth anniversary of the pandemic, a public health researcher offers four principles for a healthier future.

John Gomez/Shutterstock

Anniversaries are usually festive occasions, marked by celebration and joy. But there’ll be no popping of corks for this one.

March 11 2024 marks four years since the World Health Organization (WHO) declared COVID-19 a pandemic.

Although no longer officially a public health emergency of international concern, the pandemic is still with us, and the virus is still causing serious harm.

Here are three priorities – three Cs – for a healthier future.

Clear guidance

Over the past four years, one of the biggest challenges people faced when trying to follow COVID rules was understanding them.

From a behavioural science perspective, one of the major themes of the last four years has been whether guidance was clear enough or whether people were receiving too many different and confusing messages – something colleagues and I called “alert fatigue”.

With colleagues, I conducted an evidence review of communication during COVID and found that the lack of clarity, as well as a lack of trust in those setting rules, were key barriers to adherence to measures like social distancing.

In future, whether it’s another COVID wave, or another virus or public health emergency, clear communication by trustworthy messengers is going to be key.

Combat complacency

As Maria van Kerkove, COVID technical lead for WHO, puts it there is no acceptable level of death from COVID. COVID complacency is setting in as we have moved out of the emergency phase of the pandemic. But is still much work to be done.

First, we still need to understand this virus better. Four years is not a long time to understand the longer-term effects of COVID. For example, evidence on how the virus affects the brain and cognitive functioning is in its infancy.

The extent, severity and possible treatment of long COVID is another priority that must not be forgotten – not least because it is still causing a lot of long-term sickness and absence.

Culture change

During the pandemic’s first few years, there was a question over how many of our new habits, from elbow bumping (remember that?) to remote working, were here to stay.

Turns out old habits die hard – and in most cases that’s not a bad thing – after all handshaking and hugging can be good for our health.

But there is some pandemic behaviour we could have kept, under certain conditions. I’m pretty sure most people don’t wear masks when they have respiratory symptoms, even though some health authorities, such as the NHS, recommend it.

Masks could still be thought of like umbrellas: we keep one handy for when we need it, for example, when visiting vulnerable people, especially during times when there’s a spike in COVID.

If masks hadn’t been so politicised as a symbol of conformity and oppression so early in the pandemic, then we might arguably have seen people in more countries adopting the behaviour in parts of east Asia, where people continue to wear masks or face coverings when they are sick to avoid spreading it to others.

Although the pandemic led to the growth of remote or hybrid working, presenteeism – going to work when sick – is still a major issue.

Encouraging parents to send children to school when they are unwell is unlikely to help public health, or attendance for that matter. For instance, although one child might recover quickly from a given virus, other children who might catch it from them might be ill for days.

Similarly, a culture of presenteeism that pressures workers to come in when ill is likely to backfire later on, helping infectious disease spread in workplaces.

At the most fundamental level, we need to do more to create a culture of equality. Some groups, especially the most economically deprived, fared much worse than others during the pandemic. Health inequalities have widened as a result. With ongoing pandemic impacts, for example, long COVID rates, also disproportionately affecting those from disadvantaged groups, health inequalities are likely to persist without significant action to address them.

Vaccine inequity is still a problem globally. At a national level, in some wealthier countries like the UK, those from more deprived backgrounds are going to be less able to afford private vaccines.

We may be out of the emergency phase of COVID, but the pandemic is not yet over. As we reflect on the past four years, working to provide clearer public health communication, avoiding COVID complacency and reducing health inequalities are all things that can help prepare for any future waves or, indeed, pandemics.

Simon Nicholas Williams has received funding from Senedd Cymru, Public Health Wales and the Wales Covid Evidence Centre for research on COVID-19, and has consulted for the World Health Organization. However, this article reflects the views of the author only, in his academic capacity at Swansea University, and no funding or organizational bodies were involved in the writing or content of this article.

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Government

The Grinch Who Stole Freedom

The Grinch Who Stole Freedom

Authored by Jeffrey A. Tucker via The Epoch Times (emphasis ours),

Before President Joe Biden’s State of the…

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The Grinch Who Stole Freedom

Authored by Jeffrey A. Tucker via The Epoch Times (emphasis ours),

Before President Joe Biden’s State of the Union address, the pundit class was predicting that he would deliver a message of unity and calm, if only to attract undecided voters to his side.

President Joe Biden delivers the State of the Union address in the House Chamber of the U.S. Capitol in Washington, D.C., on March 7, 2024. (Mandel Ngan/AFP/Getty Images)

He did the opposite. The speech revealed a loud, cranky, angry, bitter side of the man that people don’t usually see. It seemed like the real Joe Biden I remember from the old days, full of venom, sarcasm, disdain, threats, and extreme partisanship.

The base might have loved it except that he made reference to an “illegal” alien, which is apparently a trigger word for the left. He failed their purity test.

The speech was stunning in its bile and bitterness. It’s beyond belief that he began with a pitch for more funds for the Ukraine war, which has killed 10,000 civilians and some 200,000 troops on both sides. It’s a bloody mess that could have been resolved early on but for U.S. tax funding of the conflict.

Despite the push from the higher ends of conservative commentary, average Republicans have turned hard against this war. The United States is in a fiscal crisis and every manner of domestic crisis, and the U.S. president opens his speech with a pitch to protect the border in Ukraine? It was completely bizarre, and lent some weight to the darkest conspiracies about why the Biden administration cares so much about this issue.

From there, he pivoted to wildly overblown rhetoric about the most hysterically exaggerated event of our times: the legendary Jan. 6 protests on Capitol Hill. Arrests for daring to protest the government on that day are growing.

The media and the Biden administration continue to describe it as the worst crisis since the War of the Roses, or something. It’s all a wild stretch, but it set the tone of the whole speech, complete with unrelenting attacks on former President Donald Trump. He would use the speech not to unite or make a pitch that he is president of the entire country but rather intensify his fundamental attack on everything America is supposed to be.

Hard to isolate the most alarming part, but one aspect really stood out to me. He glared directly at the Supreme Court Justices sitting there and threatened them with political power. He said that they were awful for getting rid of nationwide abortion rights and returning the issue to the states where it belongs, very obviously. But President Biden whipped up his base to exact some kind of retribution against the court.

Looking this up, we have a few historical examples of presidents criticizing the court but none to their faces in a State of the Union address. This comes two weeks after President Biden directly bragged about defying the Supreme Court over the issue of student loan forgiveness. The court said he could not do this on his own, but President Biden did it anyway.

Here we have an issue of civic decorum that you cannot legislate or legally codify. Essentially, under the U.S. system, the president has to agree to defer to the highest court in its rulings even if he doesn’t like them. President Biden is now aggressively defying the court and adding direct threats on top of that. In other words, this president is plunging us straight into lawlessness and dictatorship.

In the background here, you must understand, is the most important free speech case in U.S. history. The Supreme Court on March 18 will hear arguments over an injunction against President Biden’s administrative agencies as issued by the Fifth Circuit. The injunction would forbid government agencies from imposing themselves on media and social media companies to curate content and censor contrary opinions, either directly or indirectly through so-called “switchboarding.”

A ruling for the plaintiffs in the case would force the dismantling of a growing and massive industry that has come to be called the censorship-industrial complex. It involves dozens or even more than 100 government agencies, including quasi-intelligence agencies such as the Cybersecurity and Infrastructure Security Agency (CISA), which was set up only in 2018 but managed information flow, labor force designations, and absentee voting during the COVID-19 response.

A good ruling here will protect free speech or at least intend to. But, of course, the Biden administration could directly defy it. That seems to be where this administration is headed. It’s extremely dangerous.

A ruling for the defense and against the injunction would be a catastrophe. It would invite every government agency to exercise direct control over all media and social media in the country, effectively abolishing the First Amendment.

Close watchers of the court have no clear idea of how this will turn out. But watching President Biden glare at court members at the address, one does wonder. Did they sense the threats he was making against them? Will they stand up for the independence of the judicial branch?

Maybe his intimidation tactics will end up backfiring. After all, does the Supreme Court really think it is wise to license this administration with the power to control all information flows in the United States?

The deeper issue here is a pressing battle that is roiling American life today. It concerns the future and power of the administrative state versus the elected one. The Constitution contains no reference to a fourth branch of government, but that is what has been allowed to form and entrench itself, in complete violation of the Founders’ intentions. Only the Supreme Court can stop it, if they are brave enough to take it on.

If you haven’t figured it out yet, and surely you have, President Biden is nothing but a marionette of deep-state interests. He is there to pretend to be the people’s representative, but everything that he does is about entrenching the fourth branch of government, the permanent bureaucracy that goes on its merry way without any real civilian oversight.

We know this for a fact by virtue of one of his first acts as president, to repeal an executive order by President Trump that would have reclassified some (or many) federal employees as directly under the control of the elected president rather than have independent power. The elites in Washington absolutely panicked about President Trump’s executive order. They plotted to make sure that he didn’t get a second term, and quickly scratched that brilliant act by President Trump from the historical record.

This epic battle is the subtext behind nearly everything taking place in Washington today.

Aside from the vicious moment of directly attacking the Supreme Court, President Biden set himself up as some kind of economic central planner, promising to abolish hidden fees and bags of chips that weren’t full enough, as if he has the power to do this, which he does not. He was up there just muttering gibberish. If he is serious, he believes that the U.S. president has the power to dictate the prices of every candy bar and hotel room in the United States—an absolutely terrifying exercise of power that compares only to Stalin and Mao. And yet there he was promising to do just that.

Aside from demonizing the opposition, wildly exaggerating about Jan. 6, whipping up war frenzy, swearing to end climate change, which will make the “green energy” industry rich, threatening more taxes on business enterprise, promising to cure cancer (again!), and parading as the master of candy bar prices, what else did he do? Well, he took credit for the supposedly growing economy even as a vast number of Americans are deeply suffering from his awful policies.

It’s hard to imagine that this speech could be considered a success. The optics alone made him look like the Grinch who stole freedom, except the Grinch was far more articulate and clever. He’s a mean one, Mr. Biden.

Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times or ZeroHedge.

Tyler Durden Mon, 03/11/2024 - 12:00

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