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Windsor

Ontario premier considers mandatory testing for migrant workers, wants to consult constitutional lawyer

Ontario Premier Doug Ford says his team has been asked to consult aconstitutional lawyer to find out if the province can mandate COVID-19 testing for migrant farmworkers.

Windsor-Essex now has the highest rate of COVID-19 in the province

During his province-wide tour Friday, Ontario Premier Doug Ford said he's considering bringing in a constitutional lawyer to decide if the province can mandate COVID-19 testing for migrant farm workers. (CBC)

Ontario Premier Doug Ford says his team has been asked to consult aconstitutional lawyer to find out if the province can mandate COVID-19 testing for migrant farmworkers.

"If someone comes into our country... that's a privilege when you cross the border into someone's country," Ford tolda newconference Friday. "I tried to work work until you can't work any longer with the folks. I would like to look into mandatory testing."

The announcement comes asWindsor-Essex's medical officer of health saidthe region now has the highest rate of coronaviruscases in the province.

On Friday, the Windsor-Essex County Health Unit reported 53 new cases of coronavirus,with 43 coming from the agri-farm sector.The number of migrant farm workers who have tested positive for coronavirussurpassed 1,000 Friday.

Ford said the province would foot the bill on ensuring migrant workers are cared for if they contract the virus, addingthe "least" they can do in response is to get tested.

"If for any reason, they're sick, they're going to get paid. If they were here last year, they're going to get CERB. We're going to make sure we take care of them. We're going to feed them. We're going to put them in hotels at our cost," said Ford.

He added that farm workers not being tested may holdWindsor-Essex back from advancing to Stage 3 of the province's reopeningplan.

"We have to check the constitution. I've got to make sure I go through the lawyers. I have to make sure to call the federal government. But what's the problem to get a quick test? I've been tested a couple times."

On Thursday, Ontario's chief medical officer of health said an on-farm testing effort had recently been paused after only 19 of 176 farms in the region participated.

Dr. David Williams said testing would restart with a new communications packagecreated for farms and their workers.

Concerns raised over singling out migrant workers

Jenna Hennebry,associate professor with the International Migration Research Centre at Wilfrid Laurier University andco-founderof the Migrant Worker Health Expert Working Group, said she believes testing is essential and more of it is needed.

Henry saidimposing mandatory testing on one group could single them out and send a bad message.

"It can breed xenophobia. It can create conditions where people don't understand that the risk isn't necessarily from those people that, in fact, those people are at risk," said Hennebry.

Jenna Hennebry, associate professor at Wilfrid Laurier University, says imposing mandatory COVID-19 testing for one group such as migrant farm workers could single them out and send a bad message. (Jacob Barker/CBC)

"If the approach is to try to find the most effective public health approach, then it's about testing as many people as possible not just a subgroup of people that are facing heightened vulnerabilities."

HennebrysuggestedCOVID-19 testing should be mandatory for "everybody that's entering the country" and not just migrant workers who are"not any more likely to have it than anyone else showing up at a border."

She said the conditions in which the migrants work and live heightens their potential forexposure to the virus andfor spreading it.

Hennebryaddedthat testing multiple times throughout the season would be helpful, especially if it was facilitated by somebody other than employers.

In a statement, Migrant Workers Alliance For Change said Ford is "back to blaming migrants," referring tothe premier's statement earlier this month when he suggested migrant workers were hiding from COVID-19 testing. He later apologized.

"Unless testing is mandatory for all residents, including farm employers, this measure if implemented clearly targets low-waged, racialized people and is racist and discriminatory," read a statement from the group.

It added that theresponsibility for COVID-19 outbreaks on farms "lies with working and living conditions, not with workers."

"Premier Ford knows how to fix this situation: He can mandate physical distancing at work and at home for all migrant farm workers and ensure equal rights for migrant workers. But he won't do it, and thousands continue to be infected, and three migrants are dead."

Migrant Workers Alliance For Change said it is calling onPrime Minister Justin Trudeau to "step inand give full and permanent immigration status to migrant workers so that they can protect themselves."

Decision on Stage 2 regions advancing delayed

On Friday, Ford also saidthe remaining three regions in Stage 2 of the province's reopening plan Windsor-Essex, Toronto and Peel will have to wait until next Wednesday to find out if they can advance.

"I know the people are expecting to hear an update on Stage 3reopening from us on Monday, but the health officials have asked for a little more time to analyze the numbers," said Ford. "And I've always said we can't rush this."

With files from CBC Toronto and Jacob Barker