British Columbia Federation of Labour

Abbotsford—Victims’ families and labour advocates are still waiting for justice in the death of three women farmworkers March 7, 2007.  The women, Sarbjit Kaur Sidhu, 30, Amarjit Bal, 52, and Sukhvinder Kaur Punia, 52, died when the overloaded passenger van they were travelling in collided with two other vehicles.

“It’s sad that no matter the public outrage over the deaths of these women our judicial system can’t provide justice to the victims’ families,” said Jim Sinclair, President of the B.C. Federation of Labour.  “The families are angry and they have every right to be.”

“These families have worked hard to shine the light on these issues, not only to remember their loved ones, but to ensure farmworkers are protected,” said Sinclair in paying tribute to the victims and their families. 

“Workers were killed, serious and systemic safety and labour standards issues facing farmworkers were exposed, yet a year and half later, all we see is a slap on the wrist for the van driver and absolutely no consequence for the employer,” Sinclair stated. 

“A small fine means nothing, my wife’s life is worth more,” said Jagjeet Sidhu, husband of Sarbjit.  “No one should have to go through this and this sends a message that it is okay to ignore farmworkers’ safety.

“Despite RCMP recommendations for criminal charges against the driver of the van, Crown Counsel chose to pursue lesser charges under the Motor Vehicle Act, with only a small monetary fine expected if convicted.  The driver will appear later today in Abbotsford Provincial Courthouse.

Although there were public statements in February 2008 by the Workers’ Compensation Board that financial penalties would be issued against the owner of the van, farm labour contractor RHA Enterprises, no penalties have been handed down.   As well, a coroner’s inquest into the deaths promised for fall 2007 has yet to begin.

Following this crash, the provincial government increased the number of roadside inspections it conducted, but this number has dropped dramatically in the past year.

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For more information contact:  Jessie Uppal 604-430-1421 or 604-220-0739

Backgrounder— Motor Vehicle Act Charges involving March 2007 Fatal Farmworker Crash

In the early morning of March 7, 2007 a passenger van travelling east bound on Hwy 1, between Abbotsford BC and Chilliwack BC, was involved in a serious motor vehicle accident killing three farmworkers and injuring fourteen others including the driver of the van. 

Deceased are Sarbjit Kaur Sidhu, 30, Amarjit Bal, 52, and Sukhvinder Kaur Punia, 52. 

The van owned and operated by farm labour contractor RHA Enterprises was transporting the women farmworkers to Rainbow Greenhouses in Chilliwack for the day’s work, before the driver lost control and collided with two transport trucks.  In addition to poor vehicle maintenance, the 15 passenger van was overloaded above capacity and carried only two seatbelts. 

Several months after the accident, the owner of the company was found to be transporting workers in another van with, “holes in both its floor and exhaust and contained bench seats welded to the floor instead of being welded to the frame.”  The van, which also didn’t have proper seat belts, had just received commercial vehicle inspection decals three weeks earlier.  At the time the Workers’ Compensation Board (WCB) stated the agency was considering fines against the company. 

Despite recommendations from the RCMP in September 2007 that criminal charges be laid against the driver of the van Harwinderpal Kaur Gill, (wife of RHA Enterprises owner), the Crown decided to only pursue charges under the Motor Vehicle Act, including:

•           Driving without a proper licence;

•           Driving a vehicle in which the seat belts had been removed;

•           Driving without reasonable consideration for others on the road;

•           Driving in an improperly equipped vehicle. 

RHA Enterprises was warned in February 2007, less than two weeks prior to the incident, when the WCB issued an inspection report to the company outlining the regulatory requirements for transporting workers to and from work.  The report stated that seat belts must be worn by all occupants and vehicles should not be overloaded.  

The victims’ families along with the B.C Federation of Labour, the Canadian Farm Workers Union presented twenty-nine recommendations to the provincial government, calling for greater protection for these vulnerable workers.  This includes changes to the Motor Vehicle Act mandating seatbelts, licensing of farm labour contractors, an inter-agency team to increase inspections and monitor employment and safety standards, and restoration of farmworkers employment rights.  Then Minister of Labour Olga Ilich accepted twenty-two of the report’s recommendations. 

Despite an initial increase in roadside vehicle inspections by government agencies following the crash, enforcement activity declined this year.  Between January and September of 2007, 49 roadside inspections took place, while as of August 30, 2008 the inter agency team conducted only 12 roadside inspections.