Three employers in Saskatchewan are facing charges for breaching immigration protection laws, marking the first instance of charges being laid under provincial legislation. Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel, and Piyushkumar Mafatbhai Patel are accused of violating the Foreign Worker Recruitment and Immigration Services Act by allegedly charging foreign workers for employment, exploiting their trust or fear, and threatening workers for engaging in investigations or complaints.
The alleged incidents occurred at Guac Mexi Grill in Moose Jaw between August 2023 and February 2024. The accused individuals are set to appear in court on November 25. Although the Immigration Services Act replaced the foreign worker act in July 2024, the charges were filed under the previous legislation due to the timing of the offenses.
According to Drew Wilby, deputy minister for Immigration and Career Training, this prosecution represents a significant milestone in Canada under a provincial statute. Wilby highlighted that the new act imposes stricter penalties on employers or recruiters exploiting foreign workers and grants more authority to enforcement officers.
Under the old legislation, fines could reach up to $50,000 for individuals and $100,000 for businesses, with potential jail time of up to one year. The new Immigration Services Act increases penalties to $750,000 for individuals, $1.25 million for businesses, and up to two years in jail. Additionally, administrative monetary penalties are available under the new act to expedite compliance.
Chris Veeman, an experienced immigration lawyer, expressed surprise at the delayed prosecution under the old act but commended the enforcement as a positive step. Veeman emphasized the need for strong enforcement against exploitation of foreign workers, citing power imbalances and illegal practices such as underpaying wages and offering fake job opportunities.
Veeman also noted the challenges posed by recent cuts to immigration, potentially increasing vulnerability to exploitation. However, he remains hopeful that enhanced enforcement under the new legislation will deter violations and protect immigrant workers. The province’s program compliance branch investigates violations and welcomes complaints from workers, ensuring confidentiality and emphasizing that anyone can report violations without employer approval.
While the Immigration Services Act focuses on safeguarding temporary and foreign workers, all workers in Saskatchewan, including citizens, permanent residents, and temporary foreign workers, are covered by the Saskatchewan Employment Act, which governs employment standards and safety regulations.