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Migrant New Brunswick workers sue seafood processor, claiming exploitation

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MONCTON, N.B. – Two migrant workers are suing a New Brunswick seafood processing company for what they allege was “widespread exploitation” and mistreatment.

Syed Hussan, executive director of the Migrant Workers Alliance for Change, said the lawsuit, filed last month in New Brunswick small claims court, was served to LeBreton & Sons Fisheries Ltd. Tuesday morning. The Toronto-based advocacy organization helped the workers prepare the lawsuit.

Juan Pablo Lerma Lopez and Adriana de Leon Silva, both from Mexico, are seeking wages that they say they are owed under a six-month contract they entered into last year. They are also seeking $12,500 each for the “great emotional pain and stress that Lebreton inflicted” on them, a statement of claim says.

Lopez is asking for $7,359. He states he was paid $6,015 but should have earned $13,374. De Leon Silva alleges she was paid $6,837 but is owed another $6,537. “We’re filing this claim to get these two particular workers the money they’re owed,” Hussan said.

Lopez and de Leon Silva were among 80 migrant workers hired through the federal temporary foreign workers program last year to work at LeBreton’s lobster and crab processing plants near Tracadie-Sheila, N.B., the court document says.

It says LeBreton agreed to pay for the workers’ round-trip travel from Mexico to Canada and the company provided housing, charging them $300 per month.

Lopez lived in a company-owned motel where he shared a room with two other LeBreton employees, while De Leon Silva lived in a house with 12 other people, the document says. A company vehicle took them to the plant, and without it the workers had “virtually no way of getting around, since they were located in remote areas without access to public transit,” it says.

The lawsuit alleges there was no work available for the two people until two weeks after their April 23, 2023 arrival in the province, and that they were also idle between July 5 and Aug. 15. Lopez and de Leon Silva were unable to earn money elsewhere during these periods because of the rules of the foreign workers program.

“They remained tied to LeBreton via closed work permits but received no pay for this five-week period,” the document says. “Having only arrived in Canada two months earlier, the plaintiffs were under a tremendous amount of stress. During these interruptions in work the plaintiffs, could not afford to buy food, pay their rent, or send money home to their families, who were relying on them.”

The allegations contained in the court filing have not been tested in court. After The Canadian Press contacted LeBreton about the lawsuit Tuesday, a spokesman who did not provide his name returned the call to say the company had no comment.

The statement of claim says that on July 16, 2023, 49 of the migrant workers were told they were being sent home early. One worker, on behalf of the remaining workers, wrote to the company on July 28, requesting, among other things, full pay for at least 30 hours a week over the expected length of the contract and a break from paying rent when they were not working.

On Aug. 18, the lawsuit continues, the company’s human resources manager visited their dwellings and gave the remaining workers written notices of termination, including Lopez and de Leon Silva.

The termination letter offered the workers two choices, the lawsuit says. They could return to their country of origin immediately and LeBreton would help cover the cost of the journey and give them an option of applying for employment the following season. Or those wanting to remain in Canada to seek other work had to submit a resignation letter and vacate their accommodations by Aug. 26. The company also took away the vehicles on Aug. 19, 2023, leaving the workers “virtually stranded,” the court document says.

“The impression conveyed to the plaintiffs and the other migrant workers was that the forced resignation letters, the removal of company vehicles, and the blacklisting of workers with other employers were punitive measures taken by LeBreton in retaliation for the collective organizing the migrant workers were doing to negotiate improvements to their working and living conditions,” the document says.

Lopez decided not to sign the termination letter and received a new work permit in September. De Leon Silva, for her part, felt she had no choice but to sign the resignation letter, the document adds.

The lawsuit comes after a United Nations special rapporteur released a scathing report last month on Canada’s Temporary Foreign Worker Program, saying there is a power imbalance that prevents migrant workers from exercising their rights.

This report by The Canadian Press was first published Aug. 20, 2024.

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Federal money and sales taxes help pump up New Brunswick budget surplus

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FREDERICTON – New Brunswick’s finance minister says the province recorded a surplus of $500.8 million for the fiscal year that ended in March.

Ernie Steeves says the amount — more than 10 times higher than the province’s original $40.3-million budget projection for the 2023-24 fiscal year — was largely the result of a strong economy and population growth.

The report of a big surplus comes as the province prepares for an election campaign, which will officially start on Thursday and end with a vote on Oct. 21.

Steeves says growth of the surplus was fed by revenue from the Harmonized Sales Tax and federal money, especially for health-care funding.

Progressive Conservative Premier Blaine Higgs has promised to reduce the HST by two percentage points to 13 per cent if the party is elected to govern next month.

Meanwhile, the province’s net debt, according to the audited consolidated financial statements, has dropped from $12.3 billion in 2022-23 to $11.8 billion in the most recent fiscal year.

Liberal critic René Legacy says having a stronger balance sheet does not eliminate issues in health care, housing and education.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.



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Rent cap loophole? Halifax-area landlords defend use of fixed-term leases

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HALIFAX – Some Halifax-area landlords say fixed-term leases allow property owners to recoup operating costs they otherwise can’t under Nova Scotia’s rent cap.

Their comments to a legislative committee today are in reaction to plans by the government to extend the five per cent cap on rental increases to the end of 2027.

But opposition parties and housing activists say the bill’s failure to address fixed-term leases has created a loophole that allows large corporate landlords to boost rents past five per cent for new tenants.

But smaller landlords told a committee today that they too benefit from fixed-term leases, which they said help them from losing money on their investment.

Jenna Ross, of Halifax-based Happy Place Property Management, says her company started implementing those types of leases “because of the rent cap.”

Landlord Yarviv Gadish called the use of fixed-term leases “absolutely essential” in order to keep his apartments presentable and to get a return on his investment.

Unlike a periodic lease, a fixed-term lease does not automatically renew beyond its set end date. The provincial rent cap covers periodic leases and situations in which a landlord signs a new fixed-term lease with the same tenant.

However, there is no rule preventing a landlord from raising the rent as much as they want after the term of a fixed lease expires — as long as they lease to someone new.

This report by The Canadian Press was first published Sept. 16, 2024.

The Canadian Press. All rights reserved.



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Former military leader Haydn Edmundson found not guilty of sexual assault

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OTTAWA – Former vice-admiral Haydn Edmundson has been found not guilty of sexual assault and committing an indecent act, concluding a trial that began in February.

Edmundson was head of the military’s personnel in 2021 when he was accused of assaulting another member of the navy during a 1991 deployment.

The complainant, Stephanie Viau, testified during the trial that she was 19 years old and in the navy’s lowest rank at the time of the alleged assault, while Edmundson was an older officer.

Edmundson pleaded not guilty and testified that he never had sexual contact with Viau.

In court on Monday, a small group of his supporters gasped when the verdict was read, and Edmundson shook his lawyer’s hand.

Outside court, lawyer Brian Greenspan said his client was gratified by the “clear, decisive vindication of his steadfast position that he was not guilty of these false accusations.”

Justice Matthew Webber read his entire decision to the court Monday, concluding that the Crown did not meet the standard of proving its case beyond a reasonable doubt.

He cited concerns with the complainant’s memory of what happened more than 30 years ago, and a lack of evidence to corroborate her account.

“There are just too many problems, and I’m not in the business of … declaring what happened. That’s not my job, you know, my job is to just decide whether or not guilt has been proven to the requisite standard, and it hasn’t,” Webber said.

During the trial, Viau testified that one of her responsibilities on board the ship was to wake officers for night watch and other overnight duties, and that she woke Edmundson regularly during that 1991 deployment.

The court has heard conflicting evidence about the wake-up calls.

Viau estimated that she woke Edmundson every second or third night, and she told the court that his behaviour became progressively worse during the deployment.

She testified that he started sleeping naked and that one night she found him completely exposed on top of the sheets.

Viau said she “went berserk,” yelling at him and turning on the lights to wake the other officer sleeping in the top bunk.

That incident was the basis for the indecent act charge.

Webber said he did not believe that Viau could have caused such a disruption on board a navy ship at night without notice from others.

“I conclude that (Viau’s) overall evidence on the allegation that Mr. Edmundson did progressively expose himself to her as being far too compromised to approach proof of those allegations that she has made,” he said in his decision.

Viau alleged that the sexual assault happened a couple of days after her yelling at Edmundson.

She testified at trial that he stopped her in the corridor and called her into his sleeping quarters to talk. Viau said Edmundson kept her from leaving the room, and he sexually assaulted her.

When Edmundson took the stand in his own defence he denied having physical or sexual contact with Viau.

During his testimony, Edmundson also said Viau did not wake him regularly during that deployment because his role as the ship’s navigator kept him on mostly day shifts.

Defence lawyer Brian Greenspan took aim at the Crown’s corroborating witness during cross-examination. The woman, whose name is protected by a court-ordered publication ban, was a friend of Viau’s on the ship.

She testified that she remembered the evening of the assault because she and Viau had been getting ready for a night out during a port visit, and she misplaced her reading glasses. She said Viau offered to go fetch them from another part of the ship but never came back, and that she went looking for her friend.

On cross-examination, the woman explained that she had told all of this to a CBC reporter in early 2021.

Greenspan produced a transcript of that interview that he said suggests the reporter told her key details of Viau’s story before asking her any questions.

Greenspan argued the reporter provided information to the witness and she wouldn’t have been able to corroborate the story otherwise.

In his decision, Webber said the woman’s evidence “cannot be relied upon in any respect to corroborate that evidence of the complainant, because it’s it’s clearly a tainted recollection, doesn’t represent a real memory.”

Edmundson was one of several senior military leaders accused of sexual misconduct in early 2021.

He stepped down from his position as head of military personnel after the accusation against him was made public in 2021. The charges were laid months later, in December 2021.

Edmundson testified that in February 2022, he was directed by the chief of the defence staff to retire from the Armed Forces.

The crisis led to an external review by former Supreme Court justice Louise Arbour in May 2022, whose report called for sweeping changes to reform the toxic culture of the Armed Forces.

The military’s new defence chief, Gen. Jennie Carignan, was promoted to the newly created role of chief of professional conduct and culture in an effort to enact the reforms in the Arbour report.

Outside court, Edmundson declined to comment on whether he was considering legal action against the government or the military.

This report by The Canadian Press was first published Sept. 16, 2024.



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