Agricultural Law Netletter - August 7, 2018

HIGHLIGHTS

A Justice of the Ontario Superior Court of Justice has concluded that the use of foreign agricultural workers in a large scale illegal marijuana grow operation is an aggravating factor which, together with other factors, justified a sentence of 2 years imprisonment in a penitentiary for the vegetable farmer who employed them. (R v Just, CALN/2018-019,[2018] O.J. No. 3471, Ontario Superior Court of Justice) A recent decision of the British Columbia Supreme Court has highlighted the importance of the provisions in insurance policies related to insurance coverage for farms, whether members of a farm family who work on a farm fall within the definition of an employee under the policy and whethey they are as a result, entitled to insurance coverage. Although this case does not involve a farm family, it does extensively review and rely on earlier Saskatchewan Court decisions which consider this issue in some depth in a family farm setting. [Editor's note: The issue of whether members of a farm family are considered to be insured "employees" is of particular importance in Alberta, as Worker's Compensation coverage in Alberta may not extend to members of a farm family. It may also be important in other jurisdictions, depending on whether or not Worker's Compensation coverage is afforded.]. (Economical Mutual Insurance Company v Optimum West Insurance Company Inc., CALN/2018-020,[2018] B.C.J. No. 1312, Supreme Court of British Columbia) NEW CASE LAW

R v Just;

Ontario Superior Court of Justice, Lacelle, J,

June 28, 2018.

CALN 2018-019

Full Text: [2018 ] O.J. No. 3471 | 2018 ONSC 4088

Foreign Agricultural Workers — Working in Illegal Marijuana Grow Ops — Sentencing.

Alexander Just ("Just") plead guilty to 2 counts of production of cannabis marijuana and one count of possession of cannabis marijuana for the purposes of trafficking, contrary to the provisions of the Controlled Drugs and Substances Act.

Just is a vegetable farmer who lived in rural Ontario. He cultivated marijuana on a farm he was renting from another farmer, as well as his own residential land.

Police seized a total of 3,775 cannabis plants from both properties weighing approximately 932 lbs. as well as 186 lbs. of "bud" and 237 lbs. of "shake", all of which had an estimated street value of $1.28 million.

Just employed 4 men through the Canada/Mexico Agricultural Workers Program to work in the growing operation.

The only issue before the Court was what was an appropriate...