An Ontario court has certified a class action lawsuit alleging the federal government collected hundreds of millions of dollars in Employment Insurance premiums from migrant farmworkers while systematically denying them access to those benefits, according to a press release issued by Justicia for Migrant Workers (J4MW).
Ontario Superior Court Justice Edward Morgan certified the class action on Feb. 23, finding a sustainable cause of action exists for claims of unjust enrichment and violations of the Canadian Charter of Rights and Freedoms. The case can now proceed to trial.
The class includes current and former agricultural workers employed under the Seasonal Agricultural Worker Program (SAWP) since Jan. 1, 2008 — a group J4MW estimates at more than 75,000 people.
What the SAWP requires
The SAWP ties workers to a single employer, restricts their access to EI benefits, and requires them to leave Canada at the end of each season. Workers have no ability to change employers or stay in Canada beyond their contract period.
Justice Morgan’s ruling details what he calls the discriminatory origins of the program, noting it was designed to admit “only workers of colour and keep them strictly tied to a limited type of employment.”
The EI premiums argument
SAWP workers pay into EI like other employees but face legal restrictions that effectively prevent them from collecting benefits. J4MW argues this constitutes unjust enrichment on the part of the federal government.
Justice Morgan found “the unjust enrichment claim arises from a set of facts imposed by legislation and held in common by all class members — i.e. the payment of EI premiums, accompanied by restrictions imposed in the EI scheme and the SAWP that prevented access to EI benefits.”
A real-world example
J4MW points to events from late 2025 to illustrate the human cost. As of October 2025, many migrant farmworkers who returned to Jamaica after their contracts ended were denied EI benefits, even after Hurricane Melissa devastated their communities.
“Despite their contributions, they were denied access when they needed it the most,” the organization said in its statement.
What advocates want
J4MW is calling on Canada to end employer-tied work permits and restore a pathway to permanent residency for migrant agricultural workers. The group also wants migrant workers to be able to access EI benefits regardless of whether they are in Canada or hold valid immigration status at the time of a claim.
The organization noted the certification covers only SAWP workers and not those in the broader agricultural stream or low-wage occupations, who face similar barriers.
The certification is a procedural milestone, not a final ruling. The case still must go to trial before any damages or remedies are determined.
