Migrant workers' DNA destroyed as part of settlement with OPP, advocates call it 'complete victory'

This story has been updated with additional details pertaining to the man convicted of the 2013 crime.

Ontario Provincial Police (OPP) and the Ministry of the Solicitor General have destroyed the DNA profiles of 96 migrant farm workers that were obtained during a sexual assault investigation near Tillsonburg in September 2013.

The move is part of a settlement reached with dozens of workers who were canvassed for their DNA samples as part of the case.

Advocacy group Justicia 4 Migrant Workers (J4MW) called the outcome a "complete victory" after a long legal battle where it claimed police illegally coerced the workers into providing the DNA samples.

"This is one of the most classic David and Goliath battles. One of the most marginalized communities standing up for their rights," said Chris Ramsaroop, an organizer with J4MW. "[Police] thought they would get away with this carte blanche."

The settlement follows the Human Rights Tribunal of Ontario's ruling last year that OPP racially targeted 54 migrant farm workers as they investigated a violent sexual assault on a woman living alone at her home in rural Elgin County a decade ago. 

The woman told investigators her attacker was Black, male and in his mid-20s. She also believed he was a migrant worker with what she thought was a Jamaican accent. 

The lead plaintiff, a migrant farm worker from Jamaica, told the tribunal he was given the option of either submitting DNA to police or losing his job. Of the 100 farm workers offered a similar choice, only four refused.

In the end, none of the DNA samples that police collected matched what was found at the crime scene.

In November 2013, police eventually arrested Henry Cooper, a migrant worker who pleaded guilty to sexual assault with a weapon, forcible confinement and uttering death threats, and was sentenced to seven years in prison. He had previously refused to provide a DNA sample. 

'Threefold victory'

On top of destroying the workers' DNA profiles, provincial police have agreed to seal the investigative file that contains workers' personal information.

The force will also be required to develop a policy to ensure DNA sweeps and future investigations comply with Ontario's Human Rights Code.

Each of the 54 migrant workers who were part of the case will also receive $7,500 in damages, amounting to $405,000 in total.

"This is very significant. This sets up an important precedent," said Ramsaroop. "This is an important step not just for migrant workers, but addressing privacy rights, workplace rights, surveillance rights and the right for racial justice for all members of our community."