RCMP have charged three individuals from Goodfish Lake and St. Paul, including a local Orthodox priest, under the Immigration Refugee Protection Act on June 13.
The three accused face charges relating to improper documentation and organizing entry to Canada by threat, deception or fraud under the Immigration Refugee Protections Act and section 341 (1) of the Criminal Code of Canada relating to proceeds of crime.
RCMP allege Kihew Energy Services profited over $1 million between April in 2006 and September 2006 by contracting foreign workers to several northern Alberta businesses, which were charged a higher hourly rate for the services of each worker than was paid by Kihew to the workers.
Ukrainian Orthodox Church priest Father John Lipinski, 43, a director of Kihew Energy Services Ltd., his wife Angela Lipinski, 42, both of St. Paul, and Calvin Steinhauer, 38, of Goodfish Lake, also a director of Kihew Energy Services, have been served with a summons and will appear at Edmonton Provincial Court on July 25.
“It's sad. It's unfortunate,” MLA for Bonnyville – Cold Lake Genia Leskiw told the Nouvelle.
For 36 years, Leskiw has been attending one of the Orthodox churches Lipinski preached at.
“I will have to have the law take its course and time will tell if it's true or not true,” she said.
The Ukrainian Orthodox Church of Canada relieved Lipinski of pastoral duties last week indefinitely, even though the charges have nothing to do with the church, said Chancellor Victor Lakusta from Winnipeg in a phone interview.
“Because of the fact that he is a pastor and charges have been laid, it is our policy that in such circumstances the person can no longer practice his pastoral ministry until such time as some type of resolve has occurred,” he said.
John Lipinski “vehemently denies the allegations,” and will vigourously defend himself, said Lipinski's lawyer Robbie Davidson in a phone interview. “It will be heard and determined in a court room, it won't be trialed in the media.”
RCMP allege the three individuals brought a total of 60 foreign nationals from Poland and Ukraine to Canada under student visas.
Investigators from the Calgary Immigration and Passport Section allege Kihew placed ads in a Polish newspaper and a website to recruit European welders and machinists to work in Canada. The first group allegedly arrived in December 2005.
RCMP allege an arrangement was made between Kihew and an individual who worked at Lakeland College and has since been terminated by the college. The person allegedly confirmed the foreign nationals as students for training in welding and English as a second language with Canada Immigration.
Some of the foreign workers attended a few English as a second language classes at the college, but none attended for technical welding, the press release states.
The college had no knowledge of the arrangement, according to the RCMP press release. RCMP are considering charges against the individual.
RCMP say the foreign nationals were told by Kihew they could work legally in Canada and bring their families after six months. They signed contracts which said if breached, would impose a fine of $25,000 and result in deportation, police say. The workers allegedly received accommodations where up to nine workers shared three bedroom apartments, and were instructed not to discuss wages or arrangements of how they came to Canada.
The Advanced Education department asked auditor general Fred Dunn to review the contracts between Lakeland College and Kihew after reports surfaced of 35 Polish welders who brought concerns to then MLA Thomas Lukaszuk in 2006.
In the report available online, Dunn recommended the college amend its contract management procedures to conduct background checks on companies not known to it before signing contracts and to provide monitoring against contract terms. The audit warned the college would face increased risk of fraudulent activities or that it would not comply with all contractual terms if these and other recommendations were not followed.
Dunn also recommended the college improve supervision of its contracting staff.
While Lukaszuk, now the minister for Employment and Immigration, declined to comment on the charges while the matter is before the courts, he offered advice to employers using the federal temporary foreign worker program.
Employers in industries facing worker shortages and using foreign workers need to make sure to be satisfied, if using a third party or an agency to recruit, contracts are in accordance with Canadian immigration laws and Alberta employment standards, he added. The department advises when hiring, the first option should always be Albertans and Canadians.
Prospective workers cannot be charged anything legally by recruiting agencies or third parties, only the employer can pay an agency, he noted. Employers should also be very aware of the terms and conditions of the federal temporary worker program, he said. If employers are unsure of the legal requirements the federal temporary worker program, they should contact the federal ministry of immigration or Lukaszuk's office, he said.
“Any breaches of federal immigration law or any breaches of provincial employment standards or legislation will be vigourously prosecuted,” he said. “We pride ourselves as Albertans on being good hosts, being a welcoming province, of being a fair province, but from time to time there are situations that arise that sometimes we need to get involved in.”
