The B.C. Employment Requirements Tribunal has ordered an Indian restaurant in Surrey, B.C., to pay $ 32,702 in unpaid wages and curiosity to a cook dinner delivered to Canada as a brief overseas employee.

Advocates for migrant employees and unbiased companies say the case factors to inadequacies in Canada’s immigration system, which they are saying offers extra benefits to high-income earners over employees from decrease socio-economic backgrounds.

In its choice, the tribunal mentioned that from November 2016 to February 2017, Brijesh Mohan labored 12-hour days six days per week on the restaurant as a Tandoori cook dinner.

The choice says Mohan claimed the restaurant did not pay him common and extra time wages, statutory vacation pay and annual trip pay.

Together with curiosity, the restaurant has been ordered to pay Mohan $ 32,702 plus $ three,000 in administrative charges.

The restaurant appealed the choice, claiming B.C.’s Employment Requirements Department disregarded a few of the proof it offered and was biased towards the employer.

The attraction was dismissed in Could. 

CBC Information reached out to restaurant director Shailendra Bitton, however he refused to touch upon the choice, solely saying: “It is a nice injustice.”

Program ‘treats individuals as commodities’

Canada’s non permanent overseas employees program is designed to permit employers to “rent overseas employees to fill non permanent labour and talent shortages,” in keeping with a federal authorities web site.

Sometimes, employers need to submit a labour market influence evaluation to point out they can’t discover a Canadian or everlasting resident to do the job. 

“This system is designed to permit for the exploitation of individuals,” mentioned Syed Hassan, co-ordinator with the Migrant Staff Alliance for Change. “It treats individuals as commodities.”

Hassan says some non permanent employees pay as much as two years wages in charges to personal recruiters to get into the Canadian work market. Consequently, these employees are sometimes reluctant to complain about their jobs for concern they might be despatched residence in debt.

He mentioned Ontario has banned recruitment charges, and that Manitoba and Nova Scotia have sturdy legal guidelines governing them, however B.C. doesn’t.

Additional complicating issues, employees’ visas are tied on to their employer. In the event that they need to change jobs, they need to discover a enterprise prepared to pay as much as $ 1,000 for a labour market influence evaluation, Hassan mentioned.

The non permanent overseas employee program unfairly targets low-wage employees, he mentioned.

“It’s important that we now have a system that permits individuals in these industries that permits individuals to come back to Canada completely.”

All talent ranges wanted

Richard Truscott, vp for the B.C. and Alberta chapter of the Canadian Federation for Unbiased Enterprise, agreed. 

He mentioned most employers deal with non permanent overseas employees pretty, though he admits there are a number of “dangerous apples” on the market. 

However most employers solely use the non permanent overseas employee program “as a final resort,” as a result of the paperwork is onerous and costly, Truscott mentioned.

Most companies would fairly rent individuals already in Canada, he mentioned. 

“Our system has turn out to be biased towards anyone coming to Canada except you are … some extremely expert particular person,” he mentioned.

“We’d like individuals to be immigrating to the nation that may fill jobs in any respect talent ranges, together with and particularly these lower-skilled jobs. That is how the nation was constructed.”

In a written assertion, Immigration, Refugees and Citizenship Canada mentioned some pathways do exist to assist non permanent employees come to Canada on a everlasting foundation.

The ministry additionally mentioned the Canadian authorities is reviewing the pathway to everlasting residence for non permanent employees who’re already well-established in Canada.

“That assessment is ongoing and any coverage modifications could be introduced at an acceptable time,” the ministry mentioned.

Learn extra from CBC British Columbia


All three of the principle federal social gathering leaders might be in Quebec this weekend for the Fête Nationale vacation.

Prime Minister Justin Trudeau will kick off a two-day go to to the province at present in Drummondville, the place he’ll go to a public market and a standard Quebecois village.

He’ll then make his technique to Montreal the place he’ll attend a vacation celebration in his residence using.

Trudeau will not be the one chief within the province for the June 24 vacation, which is also referred to as St-Jean-Baptiste day.

Conservative chief Andrew Scheer will start his Sunday 200 kilometres northeast of Quebec Metropolis in Rivière-du-Loup, the place he’ll maintain a information convention and attend no less than three fête nationale occasions as he makes his technique to the provincial capital.

And NDP Chief Jagmeet Singh might be in Montreal on Sunday, the place he’ll be a part of the celebrations alongside native MP Alexandre Boulerice.

The legislative battle over marijuana could also be over, however as Canadians sit up for Oct. 17 — the date legalization takes impact — there are some sensible concerns that must be prime of thoughts for these eager to gentle up legally.

To begin with — and that is typical of Canada’s federal system — not all provinces and territories are following the identical path to legalization. Some are imposing totally different laws on the drug inside their jurisdictions. Two provinces, Quebec and Manitoba, are banning house cultivation altogether.

Canadians who cross the border often into the U.S. ought to put together for American customs and border patrol officers asking pointed questions on their drug histories.

U.S. immigration legal professionals are already warning Canadians that they might be denied entry to the U.S. — or barred from america for all times — in the event that they admit to smoking hashish to a border agent. The drug continues to be a prohibited substance underneath U.S. federal regulation, regardless of legalization in some U.S. states.

When Trump talks about constructing a wall on the southern border, I see a wall on the northern border for Canadians due to marijuana.– Len Saunders, immigration lawyer

U.S. Lawyer Normal Jeff Classes, an ardent anti-drug crusader, warned a bunch of Canadian Conservative senators lately that there might be longer wait occasions on the border due to enhanced, secondary screening of Canadians.

There’s additionally the matter of amnesty or pardons for these Canadians who’ve been convicted of hashish possession-related offences, a problem that activists and the NDP have been pushing for the reason that Liberal authorities unveiled its plan for authorized marijuana.

However till Oct. 17, the present regulation stays in place. Police can nonetheless make arrests for possession and Crown attorneys can nonetheless prosecute.

Legal guidelines differ relying on the place you reside

As soon as marijuana is authorized, Canadians might be permitted to:

  • buy contemporary or dried hashish, hashish oil, crops and seeds for cultivation from both a provincially or territorially regulated retailer, or — the place that possibility is just not accessible — instantly from a federally licensed producer;
  • possess as much as 30 grams of dried authorized hashish or its equal in public;
  • share as much as 30 grams (or its equal) of authorized hashish and authorized hashish merchandise with different adults;
  • domesticate as much as 4 crops at house (4 crops whole per family); and
  • put together numerous hashish merchandise (corresponding to edibles) at house for private use, supplied that no harmful natural solvents are used within the course of.

Whereas the federal authorities was accountable for the invoice that finally will legalize leisure marijuana possession, house rising and gross sales to adults — by dismantling key points of the Legal Code that maintained prohibition for 95 years — the sensible particulars of implementing legalization have been left largely to the provinces and territories.

Ottawa delayed full legalization to permit provinces some further time to get their retail storefronts and on-line gross sales shops up and operating. In some provinces — together with Ontario, Quebec and most of Atlantic Canada — the shops might be run by the provincial governments, just like the liquor shops. Elsewhere, the non-public sector will take the lead.

Some well being specialists really helpful the sale of hashish be restricted to these 24 years of age and over due to the adverse affect the drug can have on the growing mind — however all Canadian jurisdictions have settled on both 18 or 19 years previous because the authorized age of consumption. The native authorized ages for ingesting alcohol and consuming marijuana have been largely harmonized.

However the guidelines on the place you’ll be able to smoke pot are a patchwork. (Story continues after the graphic.)

The principles on the place it is possible for you to to smoke pot this October are a patchwork throughout Canada. (CBC)

Typically, folks can gentle up on non-public property and in non-public residences. In most provinces, landlords will be capable to prohibit the consumption of hashish in rental lodging, simply as they usually do with tobacco merchandise.

The identical goes for house cultivation. Whereas most provinces — besides Quebec and Manitoba — will adhere to the federal regulation that permits for 4 hashish crops per family, some jurisdictions are giving landlords the ability to curb the follow.

In Ontario, for instance, condominium boards might be permitted to limit house cultivation totally, even in items which might be owner-occupied.

(The nation’s actual property brokers have warned that house cultivation may depress property values and result in a spike in property crime.)

Alberta, British Columbia and Nova Scotia will permit folks to smoke hashish in areas the place tobacco consumption is allowed, with some restrictions: it could possibly’t be consumed in a automobile, or in locations close to youngsters. Quebec will prohibit hashish smoking on college and faculty campuses.

All provinces might be empowered to extra aggressively police impaired driving. Invoice C-46, which additionally handed by way of Parliament final week, permits provincial police forces, the RCMP and native police to conduct necessary roadside impaired driving checks for alcohol. However police additionally will be capable to demand a driver present an “oral fluid pattern” — saliva — if they believe a driver is impaired by medication.

Three new drug-related offences can even be created for drivers. A driver who has a blood stage of greater than 5 nanograms of THC (the first psychoactive present in hashish), or has been ingesting alcohol and smoking pot on the similar time, will face a wonderful and the potential for jail time.

Border bother

One subject continues to be a authorized gray zone: the Canada-U.S. border. That is an space past the management of the federal authorities, as Canada clearly cannot dictate how U.S. border guards deal with Canadians who’ve consumed hashish — lately, or previously — and need entry to the U.S.

Tens of hundreds of Canadians cross into the U.S. each day. Entry is on the sole discretion of the U.S. Customs and Border Safety officers on obligation — they usually have lots of latitude to ask questions to find out the admissibility of a international nationwide.

Len Saunders, an immigration regulation lawyer who works in Blaine, Washington (a significant border crossing for B.C. residents), stated some border guards undoubtedly might be asking about drug historical past — and an trustworthy reply may result in a traveller being denied entry, and even banned from the U.S. for all times.

“When Trump talks about constructing a wall on the southern border, I see a wall on the northern border for Canadians due to marijuana. There is a brick wall going up on the northern border for Canadians in the event that they reply honestly whether or not they have smoked marijuana,” Saunders stated throughout a latest look at a Senate committee learning the matter.

Automobiles from Canada line as much as cross into the U.S. at Blaine, Wash. (Elaine Thompson/AP Photograph)

Saunders stated the U.S. can, and can, proceed to disclaim entry to Canadians who admit to having smoked marijuana or having marijuana of their possession, even after the product turns into authorized in Canada.

The implications might be even extra dire for holders of NEXUS playing cards, issued by way of a trusted-traveller program administered by each Canada and the U.S. for frequent cross-border travellers.

“In case you admit to smoking marijuana, you’ll lose your NEXUS card for all times. In the event that they scent marijuana on you, you’ll lose your NEXUS card for all times,” Saunders stated.

“Folks have this false sense of safety travelling over the border and telling officers that they’ve used marijuana. That is the issue.”

U.S. Customs and Border Safety officer Victoria Stephens speaks with a pair utilizing NEXUS identification playing cards at a border crossing from Canada into america at Blaine, Wash. (Elaine Thompson/AP Photograph)

A spokesperson for Public Security Minister Ralph Goodale stated the Canadian authorities continues to have conversations with U.S. officers concerning the matter.

“Officers from america have stated that they don’t plan on altering their questions at major inspection after hashish is legalized in Canada. Nonetheless, if a traveller offers them motive to be suspicious, their officers might ask additional questions,” the spokesperson instructed CBC Information.

Amnesty for pot possession?

A landmark Senate research on the legalization of medication really helpful manner again in 2002 that marijuana be decriminalized and that the Authorities of Canada declare an amnesty for anybody convicted of hashish possession underneath present or previous laws. It is a name that has been echoed by activists, the NDP and even Liberal MP Nathaniel Erskine-Smith.

Within the authorities’s eyes, although, this stays a non-starter till the present authorized regime is absolutely dismantled and changed with the system outlined in the marijuana legalization invoice.

Justice Minister Jody Wilson-Raybould has stated the query of amnesty is “untimely,” since legalization doesn’t take impact till October.

“I feel, as has already been acknowledged, the regulation stays in impact till it is repealed and changed by way of Invoice [C-45] and fairly frankly any dialogue of these information cannot happen till that course of is full,” she stated.

Minister of Justice Jody Wilson-Raybould joins Energy & Politics to debate the passing of the federal government’s authorized hashish invoice and the choice to set October 2017 because the official day of legalization. eight:42

That message was echoed by Invoice Blair, the previous Toronto police chief turned Liberal MP who has served as the federal government’s “pot czar.”

“The regulation stays in impact till its repealed and changed. Any dialogue of these information cannot happen till that course of is full,” he stated Wednesday. “We’ve a duty to uphold the prevailing regulation.”

In 2016 alone — after it was clear that hashish can be legalized with the election of the Liberal authorities — 55,000 cannabis-related prices have been laid underneath the Managed Medicine and Substances Act.

Of these, 76 per cent have been for easy possession, in line with information collected by Statistics Canada.