Employing a foreign national not authorized to work in Canada
R. v. R.E.W.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty partway through trial to unlawfully employing a foreign national without a work permit as a live-in nanny for about 13 months, contrary to s. 124(1)(c) of the Immigration and Refugee Protection Act. The Crown sought the maximum fine of $50,000 and probation; the defence sought a fine of $1,000 to $2,500. Justice Riley imposed a $2,000 fine with no probation, finding the gravity of the offence and the offender's moral culpability at the low end of the spectrum.
In the judge's words
1To sum things up, this was a case involving the unlawful employment of a single foreign national, as a live in nanny, for a period of some 13 months. The offender made some effort to comply with the regulatory scheme, and her offending conduct arose from a serious error in judgment in proceeding with the nanny arrangement prior to obtaining the required approval.
The record
- Convicted of
- Employing a foreign national not authorized to work in Canada (IRPA 124(1)(c))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Fine1
- Appeal
- Not yet checked
- Counsel
- Crown: C. Hough
Defence: D. Butcher, K.C.
Sources
- R. v. R.E.W., 2024 BCSC 740 Court decision, CanLII, May 2, 2024
[148] The Crown argues for a fine in the amount of $50,000.
[149] … The defence argues for a fine in the range of $1,000 to $2,500.
[59] … To complete the picture, I will add that she has no prior criminal record.
[145] To sum things up, this was a case involving the unlawful employment of a single foreign national, as a live in nanny, for a period of some 13 months. The offender made some effort to comply with the regulatory scheme, and her offending conduct arose from a serious error in judgment in proceeding with the nanny arrangement prior to obtaining the required approval.
[155] I conclude that a fine of $2,000 is a fit and proper disposition in this case.
- Immigration and Refugee Protection Act, s. 125 Record, Justice Laws Website
- R. v. R.E.W., 2024 BCSC 740 Court decision, Courts of British Columbia