Three Saskatchewan employers are facing charges for breaching immigration protection laws in a case 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 allegations involve charging foreign workers for employment, exploiting their trust or fear, and retaliating against them for participating in investigations or complaints.
These alleged offenses occurred at Guac Mexi Grill in Moose Jaw, Saskatchewan, between August 2023 and February 2024. The three accused individuals are set to appear in Moose Jaw provincial court on November 25. Although the province has enacted the Immigration Services Act effective from July 2024, the charges were filed under the previous legislation due to the timing of the alleged incidents.
Drew Wilby, the deputy minister for Immigration and Career Training, highlighted that this prosecution marks a significant milestone in Canada under a provincial statute. Saskatchewan’s enhanced compliance model emphasizes education, intervention, and enforcement to combat exploitation of foreign workers. The new act imposes stricter penalties on employers or recruiters found exploiting foreign workers, granting more authority to enforcement officers.
The investigation leading to these charges was conducted by the province’s program compliance branch within the Ministry of Immigration and Career Training, with support from the Moose Jaw Police Service and RCMP. Under the older legislation, penalties could reach up to $50,000 for an individual, $100,000 for a business, and a maximum of one year in jail. With the Immigration Services Act in place, penalties have increased to $750,000 for an individual, $1.25 million for a business, and up to two years’ imprisonment.
Chris Veeman, a seasoned immigration lawyer, expressed surprise at the delay in prosecuting cases under the previous act but welcomed the enforcement as a positive step. He emphasized the need for stringent actions against exploitative practices towards foreign workers, acknowledging the power imbalance and vulnerabilities faced by these workers.
Veeman cited instances where employers manipulate wages and engage in illicit practices, such as offering paid job offers, which are illegal. He underscored the complexities involved, where employers and agents collude to exploit vulnerable individuals seeking immigration opportunities. The lawyer also noted that recent reductions in immigration quotas could exacerbate vulnerabilities and increase the potential for exploitation.
The province’s program compliance branch investigates violations and addresses complaints from immigrants and foreign workers. Individuals who believe their rights have been violated can reach out to the branch confidentially via email at pcb@gov.sk.ca or by phone at 306-798-1350. The ministry emphasizes that workers do not require permission from employers or recruiters to report violations, and all provided information will be kept confidential.
While the focus of the Immigration Services Act is on safeguarding temporary and foreign workers, all workers in Saskatchewan, including citizens, permanent residents, or temporary foreign workers, are protected under the Saskatchewan Employment Act, which governs employment standards and occupational health and safety regulations.