Evidence pointing to Mexico blacklisting migrant workers in Canada stands, says BC Court of Appeal

Links

BCLRB Decision of the Board - Mexico vs BCLRB 20 March 2014 BC Supreme Court Judgement - Mexico vs BCLRB 15 Jan 2014 LRB Response to Mexico BC Supreme Court Petition Declaration of Victor Robles re: Blacklist B.C. court rules against Mexico in dispute over seasonal farm workers Globe and Mail – February 3, 2015 British Columbia high court rules Mexico involved in union busting Sun News – February 3, 2015 BC hearings start into Blacklisting of Mexican migrant workers UFCW Canada – February 21, 2012 B.C. labour activists rally for Mexican migrant workers CBC News - December 18, 2011 Vancouver protest on International Migrants Day aimed at Mexico blacklisting UFCW Canada - December 18, 2011 Migrant farmers discriminated after joining union 24 Hours - Vancouver - December 18, 2011 Concerns BC migrant workers are being blacklisted News1130 - December 18, 2011 Santa gets political in Vancouver London Free Press - December 17, 2011 "Stop the Blacklisting" protesters hold mock funeral outside Mexico Consulate in Vancouver UFCW Canada - November 14, 2011 BC activists protest Mexico claim of immunity UFCW Canada - October 17, 2011 Mexico claims immunity in B.C. charges UFCW Canada - October 17, 2011 Members of Mexican Congress demand answers UFCW Canada - May 27, 2011 Union busting allegations outlined at Mexico City media conference UFCW Canada - May 18, 2011 Mexican Gov't Union Busting in BC, Charges Union the Tyee - May 11, 2011 Charges allege Mexico consulate blacklisted migrant workers UFCW Canada - May 10, 2011 Backgrounder media release, 10 May 2011 Mexico blocking labour activists: Canadian union CBC News - May 10, 2011

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Declaration of Victor Robles re: Blacklist Charges filed against Mexico and Sidhu Charges filed against Mexico and Floralia, 28 April 2011 Evidence re:  blacklist activity Mexico's claim of immunity, 19 August 2011 Union's response to Mexico's claim of immunity, 6 September 2011

Vancouver – January 30, 2015 – For the second time, Mexico’s claim of sovereign immunity has failed to convince a BC court to quash evidence that pointed to the Mexican government blacklisting Mexican migrant workers from returning to Canada because they were suspected of being union sympathizers.

“This is a victory for the workers,” says Ivan Limpright, the president of UFCW Canada Local 1518, “and a warning to Mexico that sovereign immunity is not a license to abuse the rights of workers in our country.”

The evidence had originally been presented in 2012 to the BC Labour Relations Board (BCLRB) by UFCW Canada Local 1518 (United Food and Commercial Workers Union Canada Local 1518). The case revolved around a BC agriculture operation where migrant agriculture workers had succeeded in forming a UFCW Canada Local 1518 union bargaining unit.

On Friday, the BC Court of Appeal upheld a January 2014 ruling by the BC Supreme Court to allow the BCLRB to rule on testimony from former Mexico consular officials, along with leaked documents that overwhelmingly pointed to blacklisting. Ultimately, the BCLRB determined that Mexico had altered documents in an attempt to cover up its union-busting activities (see www.ufcw.ca/blacklist).

With Friday’s Court of Appeal ruling against Mexico, the BCLRB decision stands. The Court of Appeal was unanimous in it decision explaining, “The Board was doing no more than vindicating the rights of persons in British Columbia.”

Mexico has 60 days to decide whether to apply for leave to appeal to the Supreme Court of Canada.

“Blacklisting is a violation of our border and of the people who work here. Labour rights are human rights that apply to all workers in Canada, no matter here they come from,” says UFCW Canada National President Paul Meinema. “That is the truth, that is the law, and Mexico must respect both.”

For more than two decades, UFCW Canada has led a campaign for the labour and human rights of domestic and agriculture workers in Canada.