Three Saskatchewan employers have been charged with violating immigration protection laws in a case that the province says is the first time charges were laid under provincial legislation.
Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel and Piyushkumar Mafatbhai Patel face three charges under the Foreign Worker Recruitment and Immigration Services Act.
They are accused of charging foreign workers a fee for employment, taking unfair advantage of a foreign national’s trust or exploiting their fear, and taking action or threatening to take action against a foreign worker for participating in an investigation or making a complaint.
The alleged offences took place between August 2023 and February 2024 at Guac Mexi Grill in Moose Jaw, Sask. The three accused are scheduled to appear in Moose Jaw provincial court on Nov. 25.
The province’s foreign worker act has been replaced by the Immigration Services Act, which came into effect in July 2024, but because the alleged offences occurred before then, charges were filed under the older legislation.
Drew Wilby, deputy minister for Immigration and Career Training, said the prosecution is “the first of its kind in Canada under a provincial statute,” adding Saskatchewan’s new compliance model is built on education, intervention and enforcement.
He said the new act provides tougher penalties for employers or recruiters who exploit foreign workers and gives more authority to enforcement officers.
Wilby said the province’s program compliance branch within the Ministry of Immigration and Career Training led the investigation and laid the charges, with assistance from the Moose Jaw Police Service and RCMP.
“Those are individuals that are specially trained in investigating situations such as this. A lot of them have previous policing background and they have the legal authority to lay those charges as well,” he said in an interview.
Penalties increased
Under the older legislation, employers could be penalized up to $50,000 for an individual, $100,000 for a business, and face up to one year in jail.
Under the Immigration Services Act, penalties went up 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, which Wilby said can speed up compliance.
Chris Veeman, an immigration lawyer with 20 years of experience, said he’s surprised it took so long to see a case be prosecuted under the old act, but said it was a step in the right direction.
“There should be some pretty strong enforcement against bad actors, so it’s good to see that there’s this prosecution happening,” Veeman said in an interview.
He said the case sends a message that the province is stepping up enforcement and trying to deter this type of behaviour — and that there’s a big problem to be addressed.
“There’s a real imbalance of power, much more so than in a regular employment relationship between a Canadian employer and a Canadian citizen or permanent resident,” Veeman said.
He said he sees cases where employers take unfair advantage of foreign workers. He gave an example of how employers who are supposed to pay the prevailing wage might only do so on paper and then force workers to hand back cash off the books.
Veeman also talked about paid job offers, which are illegal.
“The going rate is in the $50,000 to $60,000 [range],” he said. “You sometimes see that where people have paid an agent or a recruiter to get them through their immigration and that involves a job. And often the job isn’t real.”
He said the employers in situations like these often get a cut under the table from the recruiter or immigration agent.
“Usually the employers and the agents are sophisticated and the employees too, because they’re not innocent, if they’re paying for a job,” Veeman said.
He noted that recent cuts to immigration on both the federal and provincial levels put more pressure on people and — on the one hand — can make them more vulnerable to exploitation, because there are fewer spots available to stay in Canada.
“The employer has more power now if you’re trying to immigrate through their job offer, so that could increase the price,” he said.
On the other hand, he said he hopes more enforcement under the new law scares employers enough to deter violations.
Protecting immigrant workers
The province’s program compliance branch investigates potential violations and handles complaints from immigrants and foreign workers.
Workers who believe their rights have been violated can contact the branch confidentially by email at [email protected] or by phone at 306-798-1350.
The ministry emphasizes that no one needs permission from an employer or recruiter to file a complaint, and all information provided will remain confidential.
While the Immigration Services Act focuses on protecting temporary and foreign workers, all workers in Saskatchewan — citizens, permanent residents or temporary foreign workers — are covered under the Saskatchewan Employment Act, which governs employment standards and occupational health and safety.
