Connect with us

Canada News

Halifax businessman sent to prison for exploiting temporary foreign workers

Published

on

A judge handed down a two-year prison sentence Friday to a Halifax businessman who exploited foreign workers, saying he wanted to send a wider message to employers across the country. (Pexels Photo)

HALIFAX — A judge handed down a two-year prison sentence Friday to a Halifax businessman who exploited foreign workers, saying he wanted to send a wider message to employers across the country.

Nova Scotia Supreme Court Justice Glen McDougall said people who bring temporary foreign workers to Canada ”should not dare” to follow the example of Hector Mantolino.

“The Temporary Foreign Workers Program is not a licence to attract hard working nationals from other countries so they can be brought to Canada to be taken advantage of,” he said.

“This is not what Canada is about. This is not what Canadians stand for.”

Mantolino, originally from the Philippines, pleaded guilty in December 2017 to misrepresentation under provisions of the Immigration and Refugee Protection Act.

The owner of several cleaning and maintenance companies, Mantolino used the temporary foreign worker program to bring 28 workers to Canada from the Philippines over a number of years.

According to a statement of agreed facts, Mantolino paid them at least $500,000 less than their total reported salaries.

Mantolino was originally charged in June 2013 with 56 counts of immigration fraud following a Canada Border Services Agency investigation, but those charges were rolled into a single indictment.

He was alleged to have counselled the workers to lie about their wages if they wanted to remain in Canada, with some saying they had stated they would receive a Canadian wage but were paid as little as $3.13 per hour after various deductions.

McDougall said the aggravating circumstances in the case were significant.

“I am satisfied that Mr. Mantolino was in a position of trust in relation to the 28 temporary foreign workers. He abused that position and although there is no evidence he actually profited from the exploitation of these workers, he stood to gain by making his company more competitive and hence more profitable in the workplace.”

McDougall also listed other factors he took into account in passing his sentence including the length of time the non-payment scheme was in place, the amount of effort by Mantolino to avoid detection, and the vulnerability of people who were “financially and emotionally abused by the offender.”

“What I find most galling is the fact that Mr. Mantolino is himself an immigrant to Canada,” the judge said.

“Mr. Mantolino nonetheless concocted a scheme to attract disadvantaged workers who were desperate to make a better life for themselves and their families and to exploit them for his own personal gain.”

One of his victims, Jason Sta Juana Jr. expressed relief outside of court that Mantolino was going to prison.

“We are very happy because after almost six years this case is finally over,” he said. “I think this is a lesson for some of the employers who take advantage of foreign workers in Canada.”

Crown lawyer Timothy McLaughlin said the case and the sentence are significant because of the growing reliance on foreign workers in the Canadian economy.

McLaughlin said there are currently about 300,000 temporary foreign workers across Canada and more are likely to come.

“We need to protect them,” he said. “They do have rights and it is our obligation as a society to ensure that they are fully protected by the rule of law.”

Last month, Defence lawyer Ian Hutchison had argued for a conditional sentence, saying the workers were aware of and actively participated in the misrepresentation. He also submitted that Mantolino had pleaded guilty, had no criminal record and had high prospects for rehabilitation.

“We’re disappointed,” said defence lawyer Lee Cohen following the sentencing.

“But we accept the judge’s decision as does Mr. Mantolino. I think everybody walks away from this kind of experience with lessons learned.”

 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Lifestyle6 days ago

When Family Ties Break: Learning to Live With Estrangement

There was a time when the idea of becoming estranged from your own family seemed almost unthinkable. Family was family....

Headline3 weeks ago

A Day In My Life

There was a time when I thought a fulfilling life had to be busy to be meaningful. Now, I think...

Headline1 month ago

Letting Go with Love

There is a particular kind of heartbreak that comes with watching your child grow up. It isn’t the heartbreak of...

Headline2 months ago

Living With Anxiety: The Invisible Weight We Carry

There are illnesses we can see, and then there are the ones we learn to hide. Anxiety is often one...

Headline2 months ago

The Art of A Slow Weekend

We live in a world that glorifies being busy. Some people wear exhaustion like a badge of honour. Calendars are...

Headline3 months ago

Why We Chose an Intimate Wedding — And Why More Couples Are Doing the Same

Every wedding anniversary takes me back to one of the most magical days of our lives and reminds me why...

Headline3 months ago

Celebrating Turning 58

Birthdays have a way of making us pause—not to count the years we’ve lived, but to appreciate the countless blessings...

Lifestyle4 months ago

The Painful Reality of Losing Someone

Recently, I experienced the painful reality of losing someone through others. One friend lost her fiancé to death, while another...

Headline4 months ago

The Sobering Reality of Growing Old

Growing old brings a sobering reality: time is finite.  You watch your body slow down, see your parents age, and...

Lifestyle5 months ago

Dr. David Suzuki’s Legacy: A Celebration at 90

Celebrating Dr. David Suzuki’s 90th birthday on Friday, May 22  was a true privilege and a great pleasure! My husband,...