Three Employers Face First Charges Under Saskatchewan’s Foreign Worker Protection Law

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Kartikkumar Prakashkumar Patel, Rutvik Hasmukhbhai Patel and Piyushkumar Mafatbhai Patel have been charged with the first offences under Saskatchewan’s The Foreign Worker Recruitment and Immigration Services Act, 2013.

The offences occurred from August 2023 to February 2024 at Moose Jaw’s Guac Mexi Grill. The Patels were accused of the following:

Taking action or threatening to take action against a foreign worker for participating in an investigation or proceeding by any government or law enforcement agency or for making a complaint to any government or law enforcement agency

Taking unfair advantage of a foreign national’s trust or exploit a foreign national’s fear or lack of experience or knowledge

Charging a foreign worker a fee or expense for employment

The three offences contravened sections 22 (f), section 22 (g), and section 23 (5) of the FWRISA. All of them were contrary to 40 (1) (i) and 40 (2) of the Act.

The Patels are set to appear before Moose Jaw Provincial Court on November 25. Although Saskatchewan implemented The Immigration Services Act, 2024 on July 1, 2024 to replace the FWRISA, the offences were laid under the FWRISA because the offences in question took place before ISA was effected.

The Saskatchewan government noted that the ISA and FRWISA applied to specific situations affecting immigrants and foreign workers. Nonetheless, all employees – even temporary residents – are shielded by The Saskatchewan Employment Act’s employment standards and occupational health and safety provisions.

The Ministry of Immigration and Career Training’s program compliance branch has been tasked with protecting immigrants and foreign workers in the province. The government confirmed that permission was not needed to reach out to the branch and that all information was confidential

The ISA is Canada’s most comprehensive program integrity framework and sets the highest fines for breaching the law. The government encouraged immigrants and foreign workers in Saskatchewan to contact the program compliance branch via email at pcb@gov.sk.ca or by phone at 306-798-1350 to reports rights violations or to file complaints about the immigration or recruitment process.

Canadian Lawyer

 

 

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