Three individuals from Saskatchewan have been charged with breaching immigration protection laws, marking a significant legal milestone in the province. The accused—Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel, and Piyushkumar Mafatbhai Patel—are linked to the Guac Mexi Grill restaurant located in Moose Jaw. They face three charges under the Foreign Worker Recruitment and Immigration Services Act for exploiting foreign workers.
Overview of the Charges
- Accusations: The charges include:
- Imposing fees on foreign workers for employment
- Exploiting workers’ trust and fears
- Threatening workers for reporting violations
- Timeline: The alleged violations occurred between August 2023 and February 2024.
- Court Date: The three will appear in Moose Jaw provincial court on November 25.
Legal Context and Changes
The province’s immigration laws underwent changes with the introduction of the Immigration Services Act in July 2024. However, as the alleged offenses occurred prior to this, the case falls under the old act. Drew Wilby, the deputy minister for Immigration and Career Training, noted that this prosecution is the first of its kind in Canada under provincial law.
Implications of the New Act
The updated legislation introduces stricter penalties for employers who exploit foreign workers. Under the previous act, penalties included:
- Up to $50,000 for individuals
- Up to $100,000 for businesses
- Possible jail time of up to one year
In contrast, the new act significantly raises penalties to:
- Up to $750,000 for individuals
- Up to $1.25 million for businesses
- Possible jail time of up to two years
Reactions from Experts
Chris Veeman, an immigration lawyer with extensive experience, expressed surprise at the delay in prosecuting such cases under the old act. He believes that this case signals a robust step toward enforcement against exploitative employers. Veeman noted that the power imbalance between foreign workers and their employers is significant, contributing to potential exploitation.
Addressing Worker Exploitation
Veeman highlighted concerning trends among employers, including improper payment practices and illegal job offers. He stated that the recent cuts in immigration options both federally and provincially have increased vulnerability among foreign workers, further empowering exploitative employers. However, he hopes that increased enforcement measures will deter future violations.
Protecting Immigrant Workers in Saskatchewan
The province’s program compliance branch investigates complaints and potential violations related to worker rights. Immigrant workers who believe their rights have been compromised can confidentially report issues via email at [email protected] or call 306-798-1350. All provided information remains confidential, and no approval from an employer is necessary to file a complaint.
All workers in Saskatchewan, whether citizens, permanent residents, or temporary foreign workers, are protected under the Saskatchewan Employment Act, which governs employment standards and occupational health and safety.
