Three employers in Saskatchewan are facing charges for breaching immigration protection laws, marking the first instance of charges being brought 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 levying fees on foreign workers for employment, exploiting their trust or fear, and threatening reprisals for participating in investigations or lodging complaints.
These alleged transgressions 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, as the offenses predate the enactment of the Immigration Services Act in July 2024.
Drew Wilby, the deputy minister for Immigration and Career Training, highlighted that this prosecution is a precedent in Canada under a provincial law. Saskatchewan’s enhanced compliance approach comprises education, intervention, and enforcement to combat exploitation of foreign workers by employers and recruiters. The updated legislation imposes stricter penalties, with fines of up to $750,000 for individuals, $1.25 million for businesses, and potential imprisonment for up to two years.
The investigation leading to the charges was spearheaded by the province’s program compliance branch in collaboration with the Moose Jaw Police Service and RCMP. Immigration lawyer Chris Veeman commented that the case signifies a proactive stance by the province against exploitative practices, emphasizing the need to address power imbalances and deter such misconduct.
Veeman underscored instances where employers take advantage of foreign workers, such as underpaying wages or offering sham job positions. He pointed out the vulnerability of immigrants due to reduced immigration quotas, potentially leading to increased exploitation. The hope is that stringent enforcement under the new legislation will dissuade employers from violating labor regulations.
To safeguard immigrant workers’ rights, Saskatchewan’s program compliance branch investigates violations and addresses complaints from immigrants and foreign workers. Workers can confidentially report violations by contacting the branch via email or phone, without needing permission from employers or recruiters. The province’s commitment to protecting all workers, including citizens, permanent residents, and temporary foreign workers, is reinforced by the Saskatchewan Employment Act, which governs employment standards and safety regulations for all workers in the province.
