Provincial police racially targeted 54 migrant farm workers during the hunt for a suspected rapist in 2013, forcing dozens of workers to hand over DNA samples despite “obvious” physical evidence they did not match the suspect’s description, the Human Rights Court has heard of Ontario. . The recent ruling is the first time the provincial rights watchdog has ruled on how law enforcement agencies conduct DNA scans and, perhaps more importantly, how police interact with migrant farm workers — a population the judge called “a vulnerable, easily identifiable group” clearly differentiated from the predominantly white community.” The 64-page decision also highlights the gross power imbalance between migrant farm workers participating in Canada’s Seasonal Agricultural Work Program (SAWP), their Canadian employers and the police, according to Shane Martinez, the human rights lawyer based in Toronto representing the workers in the case. “The decision carries considerable weight for us in terms of vindicating these 54 workers for an experience that was nothing short of appalling in terms of police misconduct,” he said. “The OPP is aware of the decision and is currently reviewing it,” said OPP Sgt. Carlo Berardi, acting media relations coordinator, said in an email Thursday to CBC News. “It would be inappropriate to comment further at this time.”
OPP discriminated on grounds of ‘race, colour, place of origin’
While investigating the violent sexual assault of a woman who lived alone in her rural Elgin County home in 2013, the OPP discriminated against dozens of migrant farm workers “on the basis of race, color and place of origin,” a Human Rights Tribunal judge wrote of Ontario, Marla Burstyn. decision published on Monday.
The woman told investigators her attacker was black, male and young. and in his 20s. He was between 5 and 6 feet tall. He also believed he was a migrant worker with a Jamaican accent.
If they didn’t give their DNA to the police, then they wouldn’t bring them back to the farm to work. – Shane Martinez, migrant worker attorney
Based on that information, the OPP began arresting the five nearest farms and eventually decided to seek voluntary DNA samples from workers, something the court notes none of the officers had experience doing.
The lead plaintiff in the case, Leon Logan, a migrant farm worker from Jamaica, described being driven by his employer to police officers waiting in unmarked vehicles at the farm.
His boss explained that there had been a rape and that Logan needed to give the police a DNA sample to clear his name. If he didn’t, the farmer told him, he would no longer be allowed to work and would probably be sent back to Jamaica.
“What we saw in this case was that the police really took advantage of the employer-employee relationship by going to the employer of the migrant workers and asking them to help them round up the migrant workers,” Martinez said.
“If they didn’t comply with the police investigation, if they didn’t provide their DNA to the police, then they wouldn’t be brought back to the farm to work.”
The perpetrator was lost during the DNA canvass
Over the course of a few days, 100 farm workers on five Elgin County farms went through a similar experience and, like Logan, 96 provided DNA samples, while four refused. At no time was Logan or any of the 99 other migrant workers offered a phone, the judge noted, “to call a lawyer, or anyone else for that matter, to discuss the police request.” “There is no evidence that the OPP has considered the barriers that migrant workers face in exercising this right to counsel, such as whether migrant workers have access to a telephone, their level of education and language skills, and the fear they may have exercising this right”. In addition, the court said, many of the men whose DNA was tested “obviously” did not match the description of the suspect. “There is evidence, discussed above, of migrant workers who were asked for a DNA sample even though they were too short, too heavy, too tall and/or had too much facial hair to reasonably fit the description,” the judge wrote, noting that one of the men examined was only 5-foot-2, East Indian, weighed 100 pounds, and had long black hair and a goatee. In the end, the report notes, none of the DNA samples collected by police matched what was found at the crime scene, and police “somehow missed the perpetrator during the DNA canvass at the first farm.”
SWAP system ‘rotten to the core’, supporters say
It wasn’t until November 2013 that police arrested Henry Cooper, who pleaded guilty to sexual assault with a weapon, forcible restraint and death threats and was sentenced to seven years in prison. The ruling notes that police obtained Cooper’s DNA “without his consent” by picking up a can of pop, a tray of pizza slices and a discarded napkin. Logan had asked the court for $30,000 in damages for his treatment at the hands of the police. The OPP argued that he should not get more than $2,000. The jury awarded him $7,500 for “injury to dignity, feelings and self-respect.” While worker advocates see the human rights ruling as a victory, Chris Ramsaroop, who is with the group Justice For Migrant Workers (Justicia for Migrant Workers, J4MW), said he would not be surprised if it happened again. “This is not about one employer. This is not about a few police officers behaving outrageously. The whole system is rotten to the core and we need to have fundamental changes.” That’s why the group and their lawyer will be back at the Ontario Human Rights Tribunal in November to set a hearing date that will force the OPP to create a set of policies on how officers treat migrant workers and the precarious legal and financial position they find themselves in while participating in SAWP. “It is up to us as a society to stand up, condemn the police and end the excess,” Ramsaroop said. “We need to develop strong public policies with the participation of migrant workers and the development of the decision.”
title: “Opp Racially Targeted 54 Migrant Farm Workers While Searching For Rapist Ontario Court Hears Klmat” ShowToc: true date: “2022-11-03” author: “Jesse Bakley”
Provincial police racially targeted 54 migrant farm workers during the hunt for a suspected rapist in 2013, forcing dozens of workers to hand over DNA samples despite “obvious” physical evidence they did not match the suspect’s description, the Human Rights Court has heard of Ontario. . The recent ruling is the first time the provincial rights watchdog has ruled on how law enforcement agencies conduct DNA scans and, perhaps more importantly, how police interact with migrant farm workers — a population the judge called “a vulnerable, easily identifiable group” clearly differentiated from the predominantly white community.” The 64-page decision also highlights the gross power imbalance between migrant farm workers participating in Canada’s Seasonal Agricultural Work Program (SAWP), their Canadian employers and the police, according to Shane Martinez, the human rights lawyer based in Toronto representing the workers in the case. “The decision carries considerable weight for us in terms of vindicating these 54 workers for an experience that was nothing short of appalling in terms of police misconduct,” he said. “The OPP is aware of the decision and is currently reviewing it,” said OPP Sgt. Carlo Berardi, acting media relations coordinator, said in an email Thursday to CBC News. “It would be inappropriate to comment further at this time.”
OPP discriminated on grounds of ‘race, colour, place of origin’
While investigating the violent sexual assault of a woman who lived alone in her rural Elgin County home in 2013, the OPP discriminated against dozens of migrant farm workers “on the basis of race, color and place of origin,” a Human Rights Tribunal judge wrote of Ontario, Marla Burstyn. decision published on Monday.
The woman told investigators her attacker was black, male and young. and in his 20s. He was between 5 and 6 feet tall. He also believed he was a migrant worker with a Jamaican accent.
If they didn’t give their DNA to the police, then they wouldn’t bring them back to the farm to work. – Shane Martinez, migrant worker attorney
Based on that information, the OPP began arresting the five nearest farms and eventually decided to seek voluntary DNA samples from workers, something the court notes none of the officers had experience doing.
The lead plaintiff in the case, Leon Logan, a migrant farm worker from Jamaica, described being driven by his employer to police officers waiting in unmarked vehicles at the farm.
His boss explained that there had been a rape and that Logan needed to give the police a DNA sample to clear his name. If he didn’t, the farmer told him, he would no longer be allowed to work and would probably be sent back to Jamaica.
“What we saw in this case was that the police really took advantage of the employer-employee relationship by going to the employer of the migrant workers and asking them to help them round up the migrant workers,” Martinez said.
“If they didn’t comply with the police investigation, if they didn’t provide their DNA to the police, then they wouldn’t be brought back to the farm to work.”
The perpetrator was lost during the DNA canvass
Over the course of a few days, 100 farm workers on five Elgin County farms went through a similar experience and, like Logan, 96 provided DNA samples, while four refused. At no time was Logan or any of the 99 other migrant workers offered a phone, the judge noted, “to call a lawyer, or anyone else for that matter, to discuss the police request.” “There is no evidence that the OPP has considered the barriers that migrant workers face in exercising this right to counsel, such as whether migrant workers have access to a telephone, their level of education and language skills, and the fear they may have exercising this right”. In addition, the court said, many of the men whose DNA was tested “obviously” did not match the description of the suspect. “There is evidence, discussed above, of migrant workers who were asked for a DNA sample even though they were too short, too heavy, too tall and/or had too much facial hair to reasonably fit the description,” the judge wrote, noting that one of the men examined was only 5-foot-2, East Indian, weighed 100 pounds, and had long black hair and a goatee. In the end, the report notes, none of the DNA samples collected by police matched what was found at the crime scene, and police “somehow missed the perpetrator during the DNA canvass at the first farm.”
SWAP system ‘rotten to the core’, supporters say
It wasn’t until November 2013 that police arrested Henry Cooper, who pleaded guilty to sexual assault with a weapon, forcible restraint and death threats and was sentenced to seven years in prison. The ruling notes that police obtained Cooper’s DNA “without his consent” by picking up a can of pop, a tray of pizza slices and a discarded napkin. Logan had asked the court for $30,000 in damages for his treatment at the hands of the police. The OPP argued that he should not get more than $2,000. The jury awarded him $7,500 for “injury to dignity, feelings and self-respect.” While worker advocates see the human rights ruling as a victory, Chris Ramsaroop, who is with the group Justice For Migrant Workers (Justicia for Migrant Workers, J4MW), said he would not be surprised if it happened again. “This is not about one employer. This is not about a few police officers behaving outrageously. The whole system is rotten to the core and we need to have fundamental changes.” That’s why the group and their lawyer will be back at the Ontario Human Rights Tribunal in November to set a hearing date that will force the OPP to create a set of policies on how officers treat migrant workers and the precarious legal and financial position they find themselves in while participating in SAWP. “It is up to us as a society to stand up, condemn the police and end the excess,” Ramsaroop said. “We need to develop strong public policies with the participation of migrant workers and the development of the decision.”
title: “Opp Racially Targeted 54 Migrant Farm Workers While Searching For Rapist Ontario Court Hears Klmat” ShowToc: true date: “2022-12-17” author: “Charlotte Gantt”
Provincial police racially targeted 54 migrant farm workers during the hunt for a suspected rapist in 2013, forcing dozens of workers to hand over DNA samples despite “obvious” physical evidence they did not match the suspect’s description, the Human Rights Court has heard of Ontario. . The recent ruling is the first time the provincial rights watchdog has ruled on how law enforcement agencies conduct DNA scans and, perhaps more importantly, how police interact with migrant farm workers — a population the judge called “a vulnerable, easily identifiable group” clearly differentiated from the predominantly white community.” The 64-page decision also highlights the gross power imbalance between migrant farm workers participating in Canada’s Seasonal Agricultural Work Program (SAWP), their Canadian employers and the police, according to Shane Martinez, the human rights lawyer based in Toronto representing the workers in the case. “The decision carries considerable weight for us in terms of vindicating these 54 workers for an experience that was nothing short of appalling in terms of police misconduct,” he said. “The OPP is aware of the decision and is currently reviewing it,” said OPP Sgt. Carlo Berardi, acting media relations coordinator, said in an email Thursday to CBC News. “It would be inappropriate to comment further at this time.”
OPP discriminated on grounds of ‘race, colour, place of origin’
While investigating the violent sexual assault of a woman who lived alone in her rural Elgin County home in 2013, the OPP discriminated against dozens of migrant farm workers “on the basis of race, color and place of origin,” a Human Rights Tribunal judge wrote of Ontario, Marla Burstyn. decision published on Monday.
The woman told investigators her attacker was black, male and young. and in his 20s. He was between 5 and 6 feet tall. He also believed he was a migrant worker with a Jamaican accent.
If they didn’t give their DNA to the police, then they wouldn’t bring them back to the farm to work. – Shane Martinez, migrant worker attorney
Based on that information, the OPP began arresting the five nearest farms and eventually decided to seek voluntary DNA samples from workers, something the court notes none of the officers had experience doing.
The lead plaintiff in the case, Leon Logan, a migrant farm worker from Jamaica, described being driven by his employer to police officers waiting in unmarked vehicles at the farm.
His boss explained that there had been a rape and that Logan needed to give the police a DNA sample to clear his name. If he didn’t, the farmer told him, he would no longer be allowed to work and would probably be sent back to Jamaica.
“What we saw in this case was that the police really took advantage of the employer-employee relationship by going to the employer of the migrant workers and asking them to help them round up the migrant workers,” Martinez said.
“If they didn’t comply with the police investigation, if they didn’t provide their DNA to the police, then they wouldn’t be brought back to the farm to work.”
The perpetrator was lost during the DNA canvass
Over the course of a few days, 100 farm workers on five Elgin County farms went through a similar experience and, like Logan, 96 provided DNA samples, while four refused. At no time was Logan or any of the 99 other migrant workers offered a phone, the judge noted, “to call a lawyer, or anyone else for that matter, to discuss the police request.” “There is no evidence that the OPP has considered the barriers that migrant workers face in exercising this right to counsel, such as whether migrant workers have access to a telephone, their level of education and language skills, and the fear they may have exercising this right”. In addition, the court said, many of the men whose DNA was tested “obviously” did not match the description of the suspect. “There is evidence, discussed above, of migrant workers who were asked for a DNA sample even though they were too short, too heavy, too tall and/or had too much facial hair to reasonably fit the description,” the judge wrote, noting that one of the men examined was only 5-foot-2, East Indian, weighed 100 pounds, and had long black hair and a goatee. In the end, the report notes, none of the DNA samples collected by police matched what was found at the crime scene, and police “somehow missed the perpetrator during the DNA canvass at the first farm.”
SWAP system ‘rotten to the core’, supporters say
It wasn’t until November 2013 that police arrested Henry Cooper, who pleaded guilty to sexual assault with a weapon, forcible restraint and death threats and was sentenced to seven years in prison. The ruling notes that police obtained Cooper’s DNA “without his consent” by picking up a can of pop, a tray of pizza slices and a discarded napkin. Logan had asked the court for $30,000 in damages for his treatment at the hands of the police. The OPP argued that he should not get more than $2,000. The jury awarded him $7,500 for “injury to dignity, feelings and self-respect.” While worker advocates see the human rights ruling as a victory, Chris Ramsaroop, who is with the group Justice For Migrant Workers (Justicia for Migrant Workers, J4MW), said he would not be surprised if it happened again. “This is not about one employer. This is not about a few police officers behaving outrageously. The whole system is rotten to the core and we need to have fundamental changes.” That’s why the group and their lawyer will be back at the Ontario Human Rights Tribunal in November to set a hearing date that will force the OPP to create a set of policies on how officers treat migrant workers and the precarious legal and financial position they find themselves in while participating in SAWP. “It is up to us as a society to stand up, condemn the police and end the excess,” Ramsaroop said. “We need to develop strong public policies with the participation of migrant workers and the development of the decision.”
title: “Opp Racially Targeted 54 Migrant Farm Workers While Searching For Rapist Ontario Court Hears Klmat” ShowToc: true date: “2022-11-05” author: “Grace Wagner”
Provincial police racially targeted 54 migrant farm workers during the hunt for a suspected rapist in 2013, forcing dozens of workers to hand over DNA samples despite “obvious” physical evidence they did not match the suspect’s description, the Human Rights Court has heard of Ontario. . The recent ruling is the first time the provincial rights watchdog has ruled on how law enforcement agencies conduct DNA scans and, perhaps more importantly, how police interact with migrant farm workers — a population the judge called “a vulnerable, easily identifiable group” clearly differentiated from the predominantly white community.” The 64-page decision also highlights the gross power imbalance between migrant farm workers participating in Canada’s Seasonal Agricultural Work Program (SAWP), their Canadian employers and the police, according to Shane Martinez, the human rights lawyer based in Toronto representing the workers in the case. “The decision carries considerable weight for us in terms of vindicating these 54 workers for an experience that was nothing short of appalling in terms of police misconduct,” he said. “The OPP is aware of the decision and is currently reviewing it,” said OPP Sgt. Carlo Berardi, acting media relations coordinator, said in an email Thursday to CBC News. “It would be inappropriate to comment further at this time.”
OPP discriminated on grounds of ‘race, colour, place of origin’
While investigating the violent sexual assault of a woman who lived alone in her rural Elgin County home in 2013, the OPP discriminated against dozens of migrant farm workers “on the basis of race, color and place of origin,” a Human Rights Tribunal judge wrote of Ontario, Marla Burstyn. decision published on Monday.
The woman told investigators her attacker was black, male and young. and in his 20s. He was between 5 and 6 feet tall. He also believed he was a migrant worker with a Jamaican accent.
If they didn’t give their DNA to the police, then they wouldn’t bring them back to the farm to work. – Shane Martinez, migrant worker attorney
Based on that information, the OPP began arresting the five nearest farms and eventually decided to seek voluntary DNA samples from workers, something the court notes none of the officers had experience doing.
The lead plaintiff in the case, Leon Logan, a migrant farm worker from Jamaica, described being driven by his employer to police officers waiting in unmarked vehicles at the farm.
His boss explained that there had been a rape and that Logan needed to give the police a DNA sample to clear his name. If he didn’t, the farmer told him, he would no longer be allowed to work and would probably be sent back to Jamaica.
“What we saw in this case was that the police really took advantage of the employer-employee relationship by going to the employer of the migrant workers and asking them to help them round up the migrant workers,” Martinez said.
“If they didn’t comply with the police investigation, if they didn’t provide their DNA to the police, then they wouldn’t be brought back to the farm to work.”
The perpetrator was lost during the DNA canvass
Over the course of a few days, 100 farm workers on five Elgin County farms went through a similar experience and, like Logan, 96 provided DNA samples, while four refused. At no time was Logan or any of the 99 other migrant workers offered a phone, the judge noted, “to call a lawyer, or anyone else for that matter, to discuss the police request.” “There is no evidence that the OPP has considered the barriers that migrant workers face in exercising this right to counsel, such as whether migrant workers have access to a telephone, their level of education and language skills, and the fear they may have exercising this right”. In addition, the court said, many of the men whose DNA was tested “obviously” did not match the description of the suspect. “There is evidence, discussed above, of migrant workers who were asked for a DNA sample even though they were too short, too heavy, too tall and/or had too much facial hair to reasonably fit the description,” the judge wrote, noting that one of the men examined was only 5-foot-2, East Indian, weighed 100 pounds, and had long black hair and a goatee. In the end, the report notes, none of the DNA samples collected by police matched what was found at the crime scene, and police “somehow missed the perpetrator during the DNA canvass at the first farm.”
SWAP system ‘rotten to the core’, supporters say
It wasn’t until November 2013 that police arrested Henry Cooper, who pleaded guilty to sexual assault with a weapon, forcible restraint and death threats and was sentenced to seven years in prison. The ruling notes that police obtained Cooper’s DNA “without his consent” by picking up a can of pop, a tray of pizza slices and a discarded napkin. Logan had asked the court for $30,000 in damages for his treatment at the hands of the police. The OPP argued that he should not get more than $2,000. The jury awarded him $7,500 for “injury to dignity, feelings and self-respect.” While worker advocates see the human rights ruling as a victory, Chris Ramsaroop, who is with the group Justice For Migrant Workers (Justicia for Migrant Workers, J4MW), said he would not be surprised if it happened again. “This is not about one employer. This is not about a few police officers behaving outrageously. The whole system is rotten to the core and we need to have fundamental changes.” That’s why the group and their lawyer will be back at the Ontario Human Rights Tribunal in November to set a hearing date that will force the OPP to create a set of policies on how officers treat migrant workers and the precarious legal and financial position they find themselves in while participating in SAWP. “It is up to us as a society to stand up, condemn the police and end the excess,” Ramsaroop said. “We need to develop strong public policies with the participation of migrant workers and the development of the decision.”
title: “Opp Racially Targeted 54 Migrant Farm Workers While Searching For Rapist Ontario Court Hears Klmat” ShowToc: true date: “2022-11-07” author: “Donald Irvin”
Provincial police racially targeted 54 migrant farm workers during the hunt for a suspected rapist in 2013, forcing dozens of workers to hand over DNA samples despite “obvious” physical evidence they did not match the suspect’s description, the Human Rights Court has heard of Ontario. . The recent ruling is the first time the provincial rights watchdog has ruled on how law enforcement agencies conduct DNA scans and, perhaps more importantly, how police interact with migrant farm workers — a population the judge called “a vulnerable, easily identifiable group” clearly differentiated from the predominantly white community.” The 64-page decision also highlights the gross power imbalance between migrant farm workers participating in Canada’s Seasonal Agricultural Work Program (SAWP), their Canadian employers and the police, according to Shane Martinez, the human rights lawyer based in Toronto representing the workers in the case. “The decision carries considerable weight for us in terms of vindicating these 54 workers for an experience that was nothing short of appalling in terms of police misconduct,” he said. “The OPP is aware of the decision and is currently reviewing it,” said OPP Sgt. Carlo Berardi, acting media relations coordinator, said in an email Thursday to CBC News. “It would be inappropriate to comment further at this time.”
OPP discriminated on grounds of ‘race, colour, place of origin’
While investigating the violent sexual assault of a woman who lived alone in her rural Elgin County home in 2013, the OPP discriminated against dozens of migrant farm workers “on the basis of race, color and place of origin,” a Human Rights Tribunal judge wrote of Ontario, Marla Burstyn. decision published on Monday.
The woman told investigators her attacker was black, male and young. and in his 20s. He was between 5 and 6 feet tall. He also believed he was a migrant worker with a Jamaican accent.
If they didn’t give their DNA to the police, then they wouldn’t bring them back to the farm to work. – Shane Martinez, migrant worker attorney
Based on that information, the OPP began arresting the five nearest farms and eventually decided to seek voluntary DNA samples from workers, something the court notes none of the officers had experience doing.
The lead plaintiff in the case, Leon Logan, a migrant farm worker from Jamaica, described being driven by his employer to police officers waiting in unmarked vehicles at the farm.
His boss explained that there had been a rape and that Logan needed to give the police a DNA sample to clear his name. If he didn’t, the farmer told him, he would no longer be allowed to work and would probably be sent back to Jamaica.
“What we saw in this case was that the police really took advantage of the employer-employee relationship by going to the employer of the migrant workers and asking them to help them round up the migrant workers,” Martinez said.
“If they didn’t comply with the police investigation, if they didn’t provide their DNA to the police, then they wouldn’t be brought back to the farm to work.”
The perpetrator was lost during the DNA canvass
Over the course of a few days, 100 farm workers on five Elgin County farms went through a similar experience and, like Logan, 96 provided DNA samples, while four refused. At no time was Logan or any of the 99 other migrant workers offered a phone, the judge noted, “to call a lawyer, or anyone else for that matter, to discuss the police request.” “There is no evidence that the OPP has considered the barriers that migrant workers face in exercising this right to counsel, such as whether migrant workers have access to a telephone, their level of education and language skills, and the fear they may have exercising this right”. In addition, the court said, many of the men whose DNA was tested “obviously” did not match the description of the suspect. “There is evidence, discussed above, of migrant workers who were asked for a DNA sample even though they were too short, too heavy, too tall and/or had too much facial hair to reasonably fit the description,” the judge wrote, noting that one of the men examined was only 5-foot-2, East Indian, weighed 100 pounds, and had long black hair and a goatee. In the end, the report notes, none of the DNA samples collected by police matched what was found at the crime scene, and police “somehow missed the perpetrator during the DNA canvass at the first farm.”
SWAP system ‘rotten to the core’, supporters say
It wasn’t until November 2013 that police arrested Henry Cooper, who pleaded guilty to sexual assault with a weapon, forcible restraint and death threats and was sentenced to seven years in prison. The ruling notes that police obtained Cooper’s DNA “without his consent” by picking up a can of pop, a tray of pizza slices and a discarded napkin. Logan had asked the court for $30,000 in damages for his treatment at the hands of the police. The OPP argued that he should not get more than $2,000. The jury awarded him $7,500 for “injury to dignity, feelings and self-respect.” While worker advocates see the human rights ruling as a victory, Chris Ramsaroop, who is with the group Justice For Migrant Workers (Justicia for Migrant Workers, J4MW), said he would not be surprised if it happened again. “This is not about one employer. This is not about a few police officers behaving outrageously. The whole system is rotten to the core and we need to have fundamental changes.” That’s why the group and their lawyer will be back at the Ontario Human Rights Tribunal in November to set a hearing date that will force the OPP to create a set of policies on how officers treat migrant workers and the precarious legal and financial position they find themselves in while participating in SAWP. “It is up to us as a society to stand up, condemn the police and end the excess,” Ramsaroop said. “We need to develop strong public policies with the participation of migrant workers and the development of the decision.”