Three employers in Saskatchewan are facing charges for breaching immigration protection laws, marking the first instance of charges under provincial legislation. Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel, and Piyushkumar Mafatbhai Patel are accused of three violations under the Foreign Worker Recruitment and Immigration Services Act.
The charges include allegedly collecting fees from foreign workers for employment, exploiting the trust or fear of foreign nationals, and retaliating against foreign workers for participating in investigations or lodging complaints. The incidents occurred between August 2023 and February 2024 at Guac Mexi Grill in Moose Jaw, Sask. The accused individuals are set to appear in Moose Jaw provincial court on Nov. 25.
While the province’s foreign worker act has been replaced by the Immigration Services Act as of July 2024, the charges were filed under the older legislation due to the timing of the alleged offenses. Drew Wilby, deputy minister for Immigration and Career Training, highlighted that this prosecution is a first of its kind in Canada under a provincial statute. He emphasized that Saskatchewan’s new compliance approach focuses on education, intervention, and enforcement.
Under the previous legislation, penalties for employers could reach up to $50,000 for an individual, $100,000 for a business, and a maximum of one year in jail. With the implementation of the Immigration Services Act, penalties have increased significantly to $750,000 for an individual, $1.25 million for a business, and up to two years in jail. The new act also introduces administrative monetary penalties to expedite compliance.
Chris Veeman, an experienced immigration lawyer, expressed surprise at the delay in prosecuting cases under the old act but acknowledged the progress being made. He emphasized the need for stringent enforcement against exploitative practices and commended the initiative as a significant step forward.
Veeman highlighted the imbalance of power in employer-foreign worker relationships and cited examples of unfair practices such as underpayment and illicit job offers. He noted that recent cuts to immigration could exacerbate vulnerabilities among foreign workers and immigrants, potentially increasing the risk of exploitation.
In efforts to protect immigrant workers, the province’s program compliance branch investigates violations and addresses complaints from immigrants and foreign workers. Workers who believe their rights have been infringed upon can report concerns confidentially through email or phone provided by the ministry. The Immigration Services Act focuses on safeguarding temporary and foreign workers, while all workers in Saskatchewan, including citizens, permanent residents, and temporary foreign workers, are covered under the Saskatchewan Employment Act, governing employment standards and safety regulations.
