Migrant worker group tells of complaints about Okanagan winery in foreign worker ban

A British Columbia organization that helps migrant workers says it’s been repeatedly contacted by employees of a winery in the Okanagan Valley that has been permanently banned from hiring temporary foreign workers and fined $118,000 for breaking program rules.

Immigration, Refugees and Citizenship Canada said in a Dec. 16 ruling that Toor Vineyards was banned for not putting in enough effort to protect workers from physical, sexual, psychological or financial abuse, or from reprisal.

It also said Toor Vineyards failed to provide requested documents, and that pay and working conditions didn’t live up to what was promised to the foreign workers.

Raul Gatica, the founder of Dignidad Migrante Society, said a “minimum of five, six” workers at the winery had reached out to his organization for help in recent years.

Gatica said at least one of the workers wanted advice after suffering sexual abuse.

“We say, ‘you know that is a crime thing, so you have to go to the police,'” said Gatica, who added that police were told of the allegations.

RCMP declined to comment on the allegation.

Among hundreds of employers penalized for foreign-worker breaches listed on a government department database, Toor Vineyards is one of only two where a permanent hiring ban has been imposed.

Toor Vineyards shares the same address as the award-winning Desert Hills Estate Winery, whose president Randhir Toor stepped down about a year ago.

In 2023, Desert Hills was fined $16,000 for breaching foreign worker rules, while in 2022, Toor Vineyards was convicted of seven charges of counselling or attempting to counsel misrepresentation in violation of the Immigration and Refugee Protection Act.

The department’s database lists that fine as unpaid.

Gatica said that while he was pleased by the latest fine and ban, and that “finally the federal government was doing something,” he doubted whether the new penalty would be paid.

Desert Hills Estate Winery did not immediately respond to an emailed request for comment, while contact information for Toor Vineyards could not be found.

Gatica said migrant farm workers, often poorly paid and living in cramped on-site housing, were vulnerable to abuse.

He said that after coming to Canada from Mexico as a refugee in 2005, he worked on a farm in the Okanagan where he witnessed “horrible conditions.”

He said some migrant farm labourers worked up to 16 hours a day, with up to 20 people sharing living quarters.

Gatica said his experiences motivated him to set up Dignidad Migrante Society to advocate for other migrant workers who were afraid to speak up against abusive employers.

Syed Hussan, executive director for the Migrant Workers Alliance advocacy group, said migrant workers were tied to employers who granted them their work permit.

“If your boss controls your housing, controls your ability to work, live in the country on a long-term basis … you don’t have the power to make complaints,” said Hussan.

The temporary foreign worker program allows them to fill temporary jobs when qualified Canadians are not available. But it faced intense scrutiny last year, and in September the government brought back pre-pandemic rules that made it harder for businesses to hire low-wage workers from abroad.

This report by The Canadian Press was first published Jan. 7, 2025.

Nono Shen, The Canadian Press