Answer: The experience of discrimination and abuse impacts workers in all industries. Any industry that suggests they are free from this problem is in denial, and likely not doing enough to address the problem. Available data does not indicate that tree planters are subjected to discrimination by their employers any more often than workers in similar sectors. However, tree planting has unique features that demand constant vigilance from employers to prevent workplace discrimination or abusive behavior such as sexual harassment.

Framing the issue

This article specifically focuses on discriminatory treatment of workers by employers either through abusive actions of management that impact any specific group, or through the failure of employers to prevent and respond to abusive or discriminatory behavior between workers. Employers hold a duty not only to refrain from discriminatory actions that affect their employees, but also to take action to prevent discriminatory actions that they know or should reasonably know about, including the actions of workers who engage in sexual harassment or other types of abusive behavior.

It is acknowledged that discrimination and abusive behavior such as sexual harassment is a complex society-wide problem. Tree planting poses unique challenges as most planting settings involve employees both working and living together in camps or rental accommodations, with a more even ratio of women to men (~40/60) than found in other resource industries. This includes a large segment of young people and transient workers seeking excitement and new relationships, resulting in more interpersonal interactions than one may find in other industry settings.

Available data

A review of all British Columbia Human Rights Tribunal (HRT) cases heard since January of 2000 identified 8017 total cases. Only four cases involved tree planting workers. One complaint involving worker-to-worker harassment was dismissed, and one complaint involving a claim of discrimination in hiring was also dismissed. One complaint involving discrimination in hiring (based on disability) was accepted, and one claim was accepted based on multiple actions in 2010 by a company called Khaira Enterprises (2014 BCHRT 107), resulting in a significant decision in the workers’ favor.

A review of 1,161 cases (2000 to 2025) from the Alberta Human Rights Commission identified no cases involving tree planting. In total, cases involving tree planting of silviculture appear to be very rare in comparison with the large number of cases based in agriculture, service industries, and other entry-level labour jobs.

The number of total HRT cases has been steadily increasing in BC over the past 25 years, indicating higher levels of awareness and willingness to use the HRT for resolving claims throughout society. Meanwhile, tree planting has not produced a single accepted complaint in more than ten years.

Considerations

It may be asked if tree planting workers have access to the means through which to pursue an HRT hearing. In the Khaira case, the workers were primarily members of racial and ethnic minority groups and of lower socioeconomic status, with limited resources for pursuing their claims. Despite these disadvantages, the workers were able to achieve justice and were successful in winning the decision. 

A large segment of the tree planting workforce is formed by university students seeking summer jobs, who enjoy distinct class and educational advantages over other comparable workers. Despite having a more privileged background than agriculture workers or foreign temporary workers, there have been very few examples of tree planting workers being compelled to seek redress for discrimination by their employers through the HRT.

It is possible that there have been cases of discrimination that went unreported to either employers or the HRT. However, the same may be true of all industries, and the available data indicate that verified cases of employer discrimination based on protected grounds are a rare occurrence in the tree planting sector.

Despite this data, the potential vulnerability of the young and transient tree planting workforce requires the industry to take effective steps to protect workers, and develop strategies that account for the unique circumstances of the workplace. Reports of abuse and discrimination that surface in social media, even if unverified, provide important prompts for ongoing efforts to address this issue.

The role of the industry

The Western Silvicultural Contractors Association (WFCA) has taken numerous steps to prevent mistreatment of workers in the sector, and acknowledges discriminatory abuse as an issue that requires an ongoing commitment to improvement.

Rather than seeking to cover up reports of workplace abuses, the association has made discrimination and harassment a central topic at their annual conference each year since 2017 and invited workers and researchers to speak to association members about this issue. In 2021, the WFCA adopted their “Principles of Respectful Conduct” which established expectations and standards for members of the association and the industry to follow.  Partnerships have also been pursued with agencies involved in preventing sexual harassment and assault, including the Northern Society for Domestic Peace. Several industry members and the WFCA have been active participants in national initiatives aimed at upholding values of diversity, equality, and inclusion, including Forestry Together.

The WFCA and its members have also been directly involved in responding to known concerns, and were instrumental in informing regulatory bodies of problems related to the Khaira case prior to the discriminatory behavior being verified by authorities. At the organizational level, there are some companies providing leadership in this domain, including Windfirm Resources, which helped develop the now widespread relationship between the NSDP and other members of the industry. At the individual level, more workers are speaking up about this issue, and supporting each other when allies are needed, and providing their employers with input on effective prevention policies.

Workplace discrimination remains an important issue in society, and no worker in any industry should be subjected to such treatment.