Saturday, October 15, 2016

B.C. man convicted of unlawfully employing foreign national gets 3-month sentence

B.C. man convicted of unlawfully employing foreign national gets 3-month sentence

A B.C. man found guilty of wrongfully employing a Filipino nanny has been handed a three-month conditional sentence by a judge who says he deprived the woman of basic employment rights.
Franco Orr, 53, was found guilty last month of employing a foreign national without authorization. At his sentencing Wednesday, B.C. Supreme Court Justice Jennifer Duncan said Orr benefited from the nanny's "cheap labour."
The sentence includes 25 hours of community service and nine months probation. Orr is also prohibited from leaving B.C. or contacting his former nanny.
Orr had no comment outside court.
The case revolved around a woman, identified as L.S. due to a publication ban, who was brought to Canada from Hong Kong on a temporary visa to look after Orr's three children.
But the woman said she was forced to work long hours for low pay.
In 2010, she called police and Orr and his wife were charged with human trafficking. He was convicted in 2013 and sentenced to 18 months in jail but successfully appealed and a new trial was ordered. 
His wife, Nicole Huen, was acquitted of the charges.
Case took toll on family
Last month, Orr was found not guilty of human trafficking but convicted of illegally employing a foreign national.
The prosecution asked for a six-month conditional sentence and wanted Orr to pay roughly $37,000 in restitution.
The defence sought a conditional discharge.
In sentencing Orr, Duncan took into consideration the financial and personal toll the case has caused.
Orr, who moved to Canada from Hong Kong as a teenager, once produced concerts for casinos, the judge noted.
He's since declared bankruptcy, lost his job at a liquor store and now works as a security guard.
Nanny was 'cheap labour,' judge says
Orr's children were taunted at school by children who said the family kept slaves at home.
But Duncan argued that Orr benefited from the nanny's "cheap labour," and rejected his argument that he helped the nanny by providing her with food and and accommodation.
Under the conditions of his sentence, Orr must remain in B.C., and have no contact with the former nanny, who remains in Canada.
But Duncan rejected the financial restitution request, saying she did not find the nanny to be a reliable witness