UPDATED:
Scotlynn Sweet-Pac, based in Vittoria, Ontario, has pleaded guilty to one count of failing to isolate a temporary foreign worker once he exhibited COVID-19 symptoms. This action would have protected workmates not showing symptoms. The company will be fined $125,000.
“There were 24 charges in total with a potential of millions of dollars in fines,” says Paul Hosack, lawyer for Scotlynn Sweet-Pac. “The Crown stated on the record they could not prove any harm was caused by Sweetpac. Other than the one charge against Sweetpac, the rest were withdrawn both against Sweetpac and Mr. Biddle. Unfortunately, this was a case of the investigators overreaching.”
Media coverage dates back to June 20, 2020 when Juan Lopez Chaparro succumbed to the pandemic disease.
Gethin Edward, Ontario Court of Justice, Central-West Region, said in his written decision that Scotlynn Sweet-Pac was faced with the challenge of operating an essential service with no blueprint and no case study on how to protect workers in the early stages of the pandemic.
“By and large, (temporary foreign) workers return year after year to work for Sweetpac,” says Hosack. “Sweetpac has some of the newest and up-to-date housing in the industry.”
The bunkhouses used to house temporary foreign workers had been approved by the Haldimand-Norfolk Health Unit. However, COVID-19 screening was not consistently implemented or enforced in the workplace.
Scotlynn Sweet-Pac was given credit for struggling to adapt to rapidly changing circumstances in the early stages of the pandemic. The farm which grows vegetable crops such as asparagus and sweet corn is considered an essential workplace.
The other 23 charges against owner Scott Biddle and Scotlynn Sweet-Pac were withdrawn as part of the plea arrangement.
Source: With notes from Paul Hosack, lawyer for Scotlynn Sweet-Pac