Three employers in Saskatchewan are facing charges for breaching immigration protection laws, marking the first instance of charges being laid 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. These charges include allegedly charging foreign workers for employment, exploiting their trust or fear, and retaliating against workers who participate in investigations or lodge complaints.
The alleged incidents 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. Although the province has since introduced the Immigration Services Act in 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 first in Canada under a provincial statute. He emphasized that Saskatchewan’s new compliance approach focuses on education, intervention, and enforcement to combat exploitation of foreign workers. The updated act now imposes harsher penalties on employers or recruiters who take advantage of foreign workers and grants more authority to enforcement officers.
Under the previous legislation, penalties could reach up to $50,000 for individuals, $100,000 for businesses, and a maximum of one year in jail. With the implementation of the Immigration Services Act, penalties have substantially increased to $750,000 for individuals, $1.25 million for businesses, and up to two years of imprisonment. The new act also includes administrative monetary penalties to expedite compliance.
Chris Veeman, an experienced immigration lawyer, expressed surprise at the delay in prosecuting cases under the old act but commended the progress. He emphasized the need for strong enforcement against unethical practices and welcomed the message conveyed by this case that the province is intensifying its enforcement efforts.
Veeman highlighted the imbalance of power in situations where employers exploit foreign workers, such as paying below the prevailing wage or engaging in illegal practices like offering paid job positions. He underscored the complexities of these situations, where employers, recruiters, and workers may collude for personal gain.
The recent reduction in immigration quotas at both federal and provincial levels has heightened vulnerability among immigrant workers, potentially increasing instances of exploitation. Veeman acknowledged the hope that enhanced enforcement under the new law would dissuade employers from violating regulations.
To protect immigrant workers, Saskatchewan’s program compliance branch investigates potential violations and addresses complaints from immigrants and foreign workers. Workers can report violations confidentially through email or phone, emphasizing that no permission is required from employers or recruiters to file a complaint. Additionally, all workers in Saskatchewan, including citizens, permanent residents, and temporary foreign workers, are safeguarded under the Saskatchewan Employment Act, which governs employment standards and occupational health and safety.
