Calgary Restaurant Owners Launch Appeals After Fraud Convictions
Three Calgary restaurant owners found guilty of defrauding temporary foreign workers by charging them bogus government fees have officially launched appeals against both their convictions and jail sentences. The case, which has drawn significant attention to worker exploitation in Canada's immigration system, involves substantial financial losses for the victims who were seeking employment opportunities in the country.
Legal Proceedings and Appeal Filings
Defence counsel Faisan Butt, representing restaurateur Mary Roche, filed a notice of appeal with the Alberta Court of Appeal on Wednesday, seeking to overturn her fraud conviction and 90-day jail term. Simultaneously, lawyer Sofian Butt confirmed he has filed appeals on behalf of co-owners Maninkandan Kasinthan and Chandramoahan Marjak, who face similar legal challenges following their convictions last May.
The three restaurant operators were convicted of defrauding their employees of approximately $44,000, which they falsely claimed were mandatory government fees related to immigration processes. This substantial amount represents significant financial hardship for the temporary foreign workers who were promised legitimate employment opportunities in Canada.
Details of the Fraudulent Scheme
The case centers around the temporary foreign workers program, where employers are required to pay a $1,000 processing fee for a Labour Market Impact Assessment (LMIA) document necessary to hire foreign nationals. However, the restaurant owners exploited this system by demanding exorbitant additional payments from their employees.
Three separate men were hired from overseas to work as cooks at the Marina Dosa Tandoori Grill. Upon their arrival in Canada, each was informed they needed to pay $24,000 for the assessment process—a figure dramatically higher than the actual government requirements.
One victim, Parthiban Ramalingam, paid the full $24,000 after migrating to Canada in 2017 to work as a line cook at the restaurant. He eventually reported the payments to the Canada Border Services Agency and police, resigning from his position after receiving an open work permit. Two other workers, Venkatesan Durairaj and Vijayasankar Krishnan, made partial payments of $12,000 and $8,000 respectively before the scheme was uncovered.
Sentencing and Judicial Response
During sentencing arguments, defence lawyers had advocated for conditional sentences that would allow the offenders to serve their time in the community. However, Justice Sandra Mah agreed with Crown prosecutor Brandy O’Ferrall that jail terms were necessary, though she imposed sentences shorter than the nine-month terms sought by the prosecution.
In addition to the jail sentences, Justice Mah ordered each offender to serve 18 months of probation with specific conditions, including having no contact with the victims. The case highlights ongoing concerns about the protection of temporary foreign workers and the enforcement mechanisms available to prevent such exploitation within Canada's immigration system.
The appeals process will now determine whether the convictions and sentences will stand or be modified, potentially setting important precedents for how similar cases are handled in the future. The outcome could have significant implications for both employer accountability and worker protection within Canada's temporary foreign worker programs.
