Three employers from Saskatchewan are facing charges for violating immigration protection laws, marking the first instance of charges under provincial legislation. Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel, and Piyushkumar Mafatbhai Patel are facing three charges each under the Foreign Worker Recruitment and Immigration Services Act. The charges include allegedly charging foreign workers for employment, exploiting their trust or fear, and retaliating against workers for participating in investigations or complaints.
The alleged violations occurred between August 2023 and February 2024 at Guac Mexi Grill in Moose Jaw, Saskatchewan. The accused individuals are set to appear in Moose Jaw provincial court on November 25. Although the province’s foreign worker act has been replaced by the Immigration Services Act, effective from July 2024, the charges were filed under the older legislation due to the timing of the offenses.
Drew Wilby, deputy minister for Immigration and Career Training, highlighted that this prosecution is unprecedented in Canada under a provincial statute. Saskatchewan’s new compliance model focuses on education, intervention, and enforcement to combat exploitation of foreign workers by employers or recruiters.
Under the previous legislation, penalties for violators could reach up to $50,000 for individuals, $100,000 for businesses, and a maximum of one year in jail. The updated Immigration Services Act now imposes harsher penalties of up to $750,000 for individuals, $1.25 million for businesses, and up to two years in jail. Administrative monetary penalties are also introduced to expedite compliance efforts.
Immigration lawyer Chris Veeman expressed surprise at the delayed enforcement under the old act but emphasized the importance of prosecuting such cases. He noted the imbalance of power between employers and foreign workers, citing instances where employers exploit workers by underpaying or offering fake job opportunities.
Recent cuts to immigration quotas at both federal and provincial levels have placed additional pressure on individuals seeking to stay in Canada, potentially making them more susceptible to exploitation. Veeman hopes that increased enforcement under the new legislation will serve as a deterrent to employers engaging in illegal practices.
To protect immigrant workers, Saskatchewan’s program compliance branch investigates violations and addresses complaints from immigrants and foreign workers. Workers can report violations confidentially via email or phone without requiring permission from employers or recruiters. The ministry emphasizes that all workers in Saskatchewan, including citizens, permanent residents, and temporary foreign workers, are protected under the Saskatchewan Employment Act governing employment standards and occupational health and safety.