Migrant Farmworkers Clinic and Seminar

Around 24000-34000 migrant agricultural workers work in Ontario farms every year, with Essex County and southwestern Ontario employing a majority of these workers. Migrant workers, as a racialized and marginalized group in precarious status, face numerous forms of exclusion and discrimination. The legal regime that affects migrant workers functions at the complex intersection of immigration law, international bilateral agreements, employment law, workers compensation law, human rights law, health law, food law, international trade and political economy of agriculture. Effective representation involves advocacy inside and outside the legal system using diverse and multiple techniques and tools and working with a multiplicity of actors including lawyers, the community, advocacy groups, social services organisations, government agencies, enforcement agencies etc. 

The Migrant Farmworker Clinic is an LFO-funded project by Justicia for Migrant Workers (J4MW) to provide legal assistance to migrant farm workers.  It is the first legal clinic for migrant farm workers in Canada using a "law and organising" framework.  It is unique in offering a singular place for migrant farm workers in the area that will address their complex, intersectional needs.

This clinical course will provide substantive knowledge on Migrant Work Law and offer an opportunity to provide assistance in administering the clinic and advocating for migrant workers. Students will have the opportunity to help the clinic lawyer, Taneeta Doma with legal representation of migrant farm workers, prepare legal reports for wider publication, provide support for legal education and organising migrant farmworkers in the region, and may be able to assist in any major ongoing litigations and attend hearings if and when such cases arise during the semester.

For students, it is an important and novel avenue to get a holistic understanding of access to justice organizing for racialised communities within a larger transnational law and political economy context.  Students will learn how different areas of law intersect to produce legal marginalization, the policy and social environment around agricultural labour and immigration, and strategies on representing and advocating for migrant workers and similarly disadvantaged persons.

Students will attend a weekly seminar course which will provide academic knowledge and advocacy training in the areas of law that affect migrant farmworkers. This will include an overview of the challenges in representing migrant workers and advocating for their rights as well as the basics of immigration and refugee law, employment law, discrimination law, workers compensation law, and international law and policy in the context of migrant work.

As part of the clinical component, students will be expected to assist in advocacy and outreach for migrant workers, employment and immigration cases, legal research and investigations, and in preparing and publicizing legal education materials. Students will also assist with preparing and administering a “People’s Tribunal” (a mock trial that gives farmworkers the opportunity to speak about the issues they face and possible solutions).  Students may also have the opportunity to meet migrant farm workers in Leamington or nearby areas in March and April. Transportation help will be provided.

 

2L and 3L students are eligible to apply. Students must apply using the online Application Form before 11:59 pm on November 15 (midnight). 

Applications must include:

  1. A letter of intent addressing the following:
    1. Any experience in social justice/rights advocacy for migrant workers or other vulnerable populations.
    2. Any relevant courses you have taken in or outside of law school that address immigration, racial discrimination, global justice, employment, health, etc.
    3. Why is advocacy for migrant farm workers important to you?
    4. What is your interest in law and organising and social justice?
    5. What do you hope to achieve by enrolling in this clinic?
  2. Resume/CV
  3. Unofficial transcripts including those from your prior degrees (undergraduate/graduate – only used to understand what prior coursework you have done).

Duration: Winter Term
Credits:  4

Evaluation: Numerical Grade
Pre-requisite: No pre-requisite but knowledge of immigration law, racial discrimination and human rights, employment law, anti-oppression concepts, and global justice and labour migration issues is recommended. Community advocacy experience, especially for racialized communities, will be useful.

Number of students: 10

Evaluation will be based on:

  1. Active participation in the weekly seminar
  2. Clinical work including assistance with legal cases, advocacy, and organising under the supervision of the clinic lawyer and organiser
  3. Brief reflection papers/blogs and a final paper or community project

Please contact Taneeta Doma (Staff Lawyer – domat@uwindsor.ca) for more information.

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