Three employers in Saskatchewan are facing charges for breaking immigration protection laws in a significant case marking the first time charges have been brought under provincial legislation. Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel, and Piyushkumar Mafatbhai Patel have been accused of breaching the Foreign Worker Recruitment and Immigration Services Act by allegedly charging foreign workers for employment, exploiting their trust or fear, and retaliating against workers involved in investigations or complaints.
The alleged incidents occurred between August 2023 and February 2024 at Guac Mexi Grill in Moose Jaw, Sask. The three accused individuals are set to appear in Moose Jaw provincial court on Nov. 25. While the province’s foreign worker act has been superseded by the Immigration Services Act effective from July 2024, the charges were filed under the older legislation due to the timing of the offenses.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, the deputy minister for Immigration and Career Training, highlighted that this prosecution is a groundbreaking development in Canada under a provincial statute. Saskatchewan’s new compliance model focuses on education, intervention, and enforcement to prevent exploitation of foreign workers. The updated act imposes stricter penalties on employers or recruiters engaging in such practices and grants more authority to enforcement officers.
Wilby acknowledged the role of the province’s program compliance branch, in conjunction with the Moose Jaw Police Service and RCMP, in leading the investigation and laying charges. The penalties under the previous legislation included fines of up to $50,000 for individuals, $100,000 for businesses, and potential jail time, whereas the Immigration Services Act has raised penalties to $750,000 for individuals, $1.25 million for businesses, and extended jail terms.
Chris Veeman, an experienced immigration lawyer, expressed surprise at the delayed prosecution under the old act but viewed it as a positive step forward. He emphasized the importance of strong enforcement against exploitative practices, noting the power imbalance between employers and foreign workers. Veeman illustrated instances where employers circumvent wage regulations and engage in illegal practices like offering paid job placements through intermediaries.
With recent cuts to immigration quotas at federal and provincial levels, Veeman highlighted the heightened vulnerability of immigrants to exploitation due to limited opportunities. He suggested that increased enforcement under the new law could deter violations by employers engaging in unlawful practices.
The province’s program compliance branch is responsible for investigating potential violations and addressing complaints from immigrants and foreign workers. Workers with grievances can confidentially reach out to the branch via email at pcb@gov.sk.ca or by phone at 306-798-1350. The ministry stressed that workers do not need permission to report violations and assured confidentiality for all information provided.
While the focus of the Immigration Services Act is on safeguarding temporary and foreign workers, all workers in Saskatchewan, including citizens, permanent residents, and temporary foreign workers, are protected under the Saskatchewan Employment Act, which regulates employment standards and occupational health and safety.