Female Mexican labourer seeks help

Woman found sick, crying on Highway 97

Quick expansion of BC’s Mexican migrant worker program might be partly to blame for a situation that recently saw a young Mexican worker seeking help on Highway 97 south of Oliver.

"There is no support system for the workers," said Erika Del Carmen Fuchs, a spokesperson from Justicia for Migrant Workers in BC, an organization of volunteers set up to support immigrant workers.

On the afternoon of Tuesday, August 8, Victoria Adams Hernandez, 24, came out of an orchard near Road 14. She approached Rock Creek’s Norlene White and David Johnson, who were stopped on the side of the road to look at a vehicle that was for sale.

"She came up to me and started speaking spanish, and I don’t speak a word of spanish," said White. Hernandez was holding her abdomen and crying.

The woman, who had been working at Southern Fruit Packers for a little more than a month, had a urinary tract infection, and she was claiming she was not being allowed to rest or seek medical treatment.

White sought the help of RCMP and helped Herdandez pack up her items from the farm. She then took an unscheduled trip to the Lower Mainland to help the young lady return to Mexico, where she has a one-year-old son.

There, they stopped in to see Pavan Joshi, from the Progressive Intercultural Community Services Society. Joshi listened to her story, then contacted the Mexican consulate – the body responsible for assisting Mexican labourers. The consulate arranged for Hernandez to fly back to Mexico, paid by the employer.

Joshi has since filed a formal complaint on Herandez’ behalf with the Employment Standards Branch of the BC Minister of Labour, and a verbal complaint with Service Canada, which helps administer the Seasonal Agricultural Workers Program (SAWP).

But the story turns into a "he-said, she-said" situation.

While Hernandez is claiming she was not given medical treatment, was not allowed to rest, use the washroom, was not paid properly and was forced to sleep on a mattress in a garage, employer Jarnail Singh Gill said that was not the case.

For a number of days, he didn’t even know she was ill – until her repeated trips to the bathroom tipped him off.

"She was leaving the job every 15-20 minutes," said Gill, who has four other Mexican women and one man working for him. "We told her it was not acceptable."

He said Hernandez had been causing trouble for some time. She was indeed sleeping on a mattress in a garage – but that was because she wasn’t happy in the house Gill rented for the workers and chose to move.

Leticia Bustamante Frias is a 36-year-old Mexican worker also employed by Gill, and she said Hernandez moved out of the house after repeated arguments about who got to run the TV remote control, and because she was taking things that belonged to others.

"She didn’t like to work here," Frias said about Hernandez. "She said she is rich and came here only to take a vacation."

Frias said Gill was a good employer, and pays them regular every two weeks.

"He is a good boss," said Frias in broken English. "He is good people."

She said he has done things like order pizza for them to eat, and has even invited them into his home for a meal that included traditional East Indian fare.

Frias is in Canada to earn money to pay for some medical expenses for her four-year-old son.

"I come here because I am poor, I need to make some money," she said. She said Hernandez was a troublemaker, faked illness, and "said a lot of lies."

Regardless, Gill took Hernandez to a doctor, but admits it wasn’t until after he found out she wasn’t making up stories and was actually having health issues. He said at first she was complaining – through someone who was translating – about an upset stomach. He thought it was due to her drinking irrigation water, so he gave her an over-the-counter medication and suggested she rest. He said he asked her the next day how she was, and she said it was better.

But Hernandez phoned the Mexican consulate for help. Mercedes Vazquez, the vice consul, said she received a call from Hernandez on July 31, and conveyed her need to go to the doctor. Vazquez said they passed the message on to Gill, and she was taken in.

She said it is common for them to get involved in a situation like this, and doesn’t think it indicates a big concern.

"It is very difficult for them (the workers) to convey what they are feeling or what their needs are," said Vazquez. "They (her employer) were not sure if she was really ill or not. For us, it doesn’t matter – she had to be taken to a doctor."

Gill did take her to the doctor, twice, and they got the medication she needed for her infection. The cost of the doctor visits and the medication are covered by insurance. He said he gave her time off to rest, and get better – but Hernadez still wanted to go home.

"She said she just wanted to leave," he said. "I said that’s not up to me, you signed this contract to the end of August."

Not only did he want her to fulfill her contract, sending her back early involved paperwork, and travel time – and he was right in the middle of cherry season.

"You have to have a legitimate reason to go back," he said. "I can’t drive them one-by-one to the airport … I am not going to shut down my packing house and take her to the airport."

That was when White got involved, and drove Hernandez to the Lower Mainland. She said she firmly believes the woman was not making up her story, and needed help she was not getting.

Fuchs agrees. "She had no one to turn to," she said.

According to Fuchs, the workers depend on the consulate, but they don’t react as quickly as they should. For example, she cites a situation last year, where a worker had a stroke, and was scheduled to be sent on an airplane back to Mexico before his health was stable.

She also said it’s common for anyone who stands up for their rights on a job site to be labelled a troublemaker – it’s a way of de-legitimatizing complaints. Also, she said workers might be hesitant to complain or go against their employers because it might get them a poor job evaluation, which is essential if they ever want to return to Canada.

Vazquez said the Seasonal Agricultural Worker Program is only in its third year in BC. (It’s been in place in Ontario since 1966.)

The first year, the program brought 47 Mexican labourers. Last year, there were 700, and this year, there are 1,200.

She said a program that grows so quickly is bound to feel some growing pains, but she doesn’t consider the number of issues they deal with to be out of line.

"The number of complaints corresponds to approximately five per cent," she said. "It’s new here in BC, so obviously we can’t expect that things run very smooth."

She said they are strong advocates for the workers. If there is a wage issue, it is taken to employment standards. If there is a housing issue, the consul will go directly to the employer and check it out. If the standards aren’t being met, the workers are returned to Mexico or sent to another employer.

Ultimately, White was upset with the way Hernandez was treated, and thinks there are some fundamental flaws in the system.

"I feel really bad that this has happened to her," she said, adding she thinks the SAWP is a good thing – but the problems need to be worked out.

"It’s a good program," she said. "But if they are going to be mistreated? That goes against anything Canadians believe in."

Blaze destroys Trussmaker building

An early morning fire that destroyed the Trussmaker building in Oliver is being investigated by RCMP and the Oliver Fire Department.

The building was fully engulfed by the time firefighters arrived on scene at about 4 a.m. on Sunday, August 20. It was reported by ambulance attendants, who heard the crackle of the fire while on shift next to the building, which is on 93^rd Street.

The department responded with four trucks and 25 members. Chief Dave Janzen said the building could not be saved, so they focussed on preventing the flames from spreading to neighbouring structures.

"It was a defensive fire," he explained. "You let the fire come to you … there was nothing that could be saved." No one was in the building and no one was injured.

Two recreational vehicles on the neighbouring General Coach property were slightly damaged by the heat, but there was no other damage to surrounding property.

Penticton’s Kurtis Robinson owns the truss manufacturing plant, which provided jobs for seven employees.

"At this point the police have told us they are suspecting it is arson," Robinson said. "There’s really no suspects they are concerned with, nobody with any motive."

He said only two utility buildings and the office portion are left standing.

"What burned is our building and several large pieces of equipment – what we call presses and saws. Inventory … we lost a significant amount of inventory and jobs in progress."

While Robinson wouldn’t estimate the dollar value of the loss, Janzen said he wouldn’t be surprised if it was close to $1 million. The building was insured.

If anyone has information on this fire, the RCMP can be reached at 498-3422.

Annual parade to be followed by picnic in park

Though there is no rodeo on parade weekend this year, there will be plenty of activities to keep community members of all ages entertained.

Parks and recreation events coordinator Lorraine Gibson said immediately following the parade, spectators are encouraged to cross over the 350 Street bridge to the park where a stage will be set up and where the first ever Oliver post-parade picnic in the park will be happening.

"I think it’s a great idea," said parade marshal Ernie Dumais.

At noon, right after the parade on Saturday, August 26, people will gather over at the park behind the auditorium to enjoy a picnic, games and entertainment put together by the parks and recreation people.

Gibson emphasizes that the picnic, starting at noon, will offer something for all ages.

"We’re going to set up a stage in the park. This year the Oliver Arts Council is sponsoring a band called ‘The Culls’. It’s a youth band from Oliver and they will be playing in the park after the parade." Gibson is still negotiating for additional music. "There will be some entertainment for the rest of the public as well."

There will be entertainment for kids, too.

"We’re going to have some fun children’s activities," Gibson said. We’re going to have the large dyna box. And some large ground board games for kids to play on and we’re going to have some water activities in the park. Also free swimming at the Oliver pool is offered from 2 p.m. to 4 p.m." All of these activities have been arranged by the Jobs daughters and the Oliver Youth ambassadors.

Gibson said they are planning to have food and drink available for those who don’t bring their own picnic lunch. "The Portuguese club is having a beer garden and are going to be serving food. They do great food. There will be burgers on Portuguese buns, which are just excellent. The Lions Club food concession trailer will also be on the grounds."

For dessert Gibson offers an ice cream treat "A special group, Marble Creamery from Kelowna (will be in the park) selling their famous marble ice cream."

Picnic time will be from noon to 3 p.m., Gibson said.

"We will have some chairs and tables available, but most people know to bring their own chairs and blankets."

Flaws in SAWP?

When Victoria Adams Hernandez stumbled onto Highway 97 two weeks ago crying for help from passers-by, she brought a bright light down on the Seasonal Agricultural Worker Program.

It’s been three years since the program was initiated in BC, and it’s growing fast. The first year, there were only 47 workers. This year, that number has jumped to 1,200.

There seems to be inherent flaws in the system. Aside from whether or not Hernandez was mistreated – that is a "he-said, she-said" story that certainly cannot be investigated fully in a newspaper article – there are some basic issues that come to light.

Clearly, language barriers are troublesome. A situation where an English-second-language employer, is trying to communicate with an English-second-language employee is fraught with opportunity for misunderstanding. Granted, a worker can call the Mexican consul for help – if he or she can get to a phone and be out of earshot of the employer.

There are also human rights issues at stake. While Hernandez signed a contract to work in Oliver until the end of August, did the 24-year-old mother of a one-year-old boy really know what to expect when she accepted the job in Canada?

One would assume the Mexican consulate has that end covered, and the workers know exactly what they are getting into when they sign on the bottom line. Hopefully, there is a way for an unhappy labourer to end the contract without flagging down passing cars on the highway.

On the flip side, if an Okanagan employer is going to go through the hassle and expense of hiring a Mexican labourer, does he not have the right to some security? It’s not your everyday employment situation. Providing housing, rides to the grocery store and doctor visits, isn’t usually in an employer’s realm of responsibilities.

Hopefully, the Mexican consulate and the Canadian government are taking steps to protect both seasonal workers and their employers. With the rapid growth, both institutions need to take steps to ensure clear communication, and lines of recourse when issues arise.