Three Saskatchewan employers are facing charges for violating immigration protection laws, marking the first time charges have been laid under provincial legislation. Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel, and Piyushkumar Mafatbhai Patel have been accused of three charges under the Foreign Worker Recruitment and Immigration Services Act. The charges include allegedly charging foreign workers for employment, exploiting their trust or fear, and taking action against foreign workers for participating in an investigation or making a complaint.
The alleged offenses 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. Although the province’s foreign worker act has been replaced by the Immigration Services Act, which took effect in July 2024, the charges were filed under the older legislation due to the timing of the alleged offenses.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 the first of its kind in Canada under a provincial statute. He emphasized that Saskatchewan’s new compliance model focuses on education, intervention, and enforcement to address exploitation of foreign workers.
Under the previous legislation, employers could face penalties of up to $50,000 for an individual, $100,000 for a business, and up to one year in jail. With the implementation of the Immigration Services Act, penalties have increased to $750,000 for an individual, $1.25 million for a business, and up to two years in jail. Administrative monetary penalties are also available under the new act to expedite compliance.
Immigration lawyer Chris Veeman expressed surprise at the delayed prosecution under the old act but acknowledged it as a positive step in enforcement. He stressed the need for strong enforcement against bad actors exploiting foreign workers and commended the province for taking action to address the issue.
Veeman noted the imbalance of power in employer-foreign worker relationships and highlighted instances where employers take advantage of vulnerable workers through illicit practices like underpaying or offering fake job positions. He underscored the importance of enforcement to deter such violations and protect immigrant workers from exploitation.
The province’s program compliance branch investigates potential violations and handles complaints from immigrants and foreign workers. Workers can report violations confidentially through email or phone, emphasizing that no permission is needed from employers or recruiters to file a complaint. Additionally, the Saskatchewan Employment Act covers all workers in the province, ensuring employment standards and safety for citizens, permanent residents, and temporary foreign workers alike.