Former BC Mountie fined $2,000 for illegally hiring American nanny

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A former BC Mountie has been fined $2,000 after pleading guilty to hiring a foreign nanny from the United States without a work permit.

After nine days of trial in British Columbia Supreme Court, Randi Ellen White changed her plea to guilty and admitted to hiring a live-in nanny, identified only as Ms. C in court documents, for 13 months in 2019 and 2020. , knowing that it was not authorized. to work in Canada.

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The fine was considerably less than the maximum penalty of $50,000 sought by the Crown, which accused White of running an “immigration scam” and exploiting Ms C by paying her $1,000 a month in salary for a full-time job.

White’s lawyer said White’s “heart was in the right place” and he hired the nanny because he wanted to help her and because he was under pressure to find suitable child care before returning to work with Squamish RCMP.

In it sentencing decision issued Thursday, Judge W. Paul Riley said White violated the law but that his conduct was driven by a “mixture of selfless altruism and self-serving pragmatism” and was not predatory.

She said White “knowingly entered a gray area” by having Ms C work as a live-in nanny without a work permit.

“The effect of this agreement was exploitative,” Riley said in his decision. “Ms. C worked as a live-in nanny and was not paid adequately for her work. It is unclear what her hours were and there were no adequate payroll deductions or remittances. Among other things, Ms. C did not have the benefit of WCB protections or EI that are supposed to be current for an employee.”

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The court heard White was due to return to work in March 2019 after maternity leave for her second child and was looking for childcare.

He met Ms. C in September 2018 after Ms. C posted an ad on Craigslist from Bellingham, Washington, seeking a family for a live-in nanny.

Ms. C was legally deaf and had just left an abusive relationship and wanted a new start.

Later that month, White, her husband and Mrs. C met in Squamish for a meet-and-greet. They seemed to connect, sharing an interest in nature and the outdoors.

The parties decided to move forward, although it became clear that the paperwork would not be complete when White had to return to work.

White testified that she had every intention of following the rules and hired an immigration consultant to help her with the process. She applied for a labor market impact assessment in February 2019, a first step toward obtaining a work permit.

She also had a draft employment contract drawn up that stated the nanny would work 40 hours a week and be paid $14.50 an hour, up to $21.50 for overtime, or $2,320 a month.

Ms C was employed by the Whites from February 2019 until the end of April 2020.

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She claimed that she was required to work more than 40 hours a week, including in the evenings, and that she had to take on other household responsibilities, such as doing laundry and gardening. He was paid $1,000 a month in cash.

White disputed C.’s claims, saying he limited the scope of Ms. C’s babysitting duties because he did not want to violate the law by formally hiring her. Instead, she tried to work out an agreement in which she paid Ms. C $1,000 a month to cover expenses and bills.

She estimated that Ms C had to care for the children “alone” for approximately 503 hours over the 13 months, which was equivalent to 8.5 hours a week.

She testified that her main reason for hiring Ms. C was because she sympathized with her plight of “couch surfing” after fleeing an abusive relationship.

While there were different accounts between White and Ms. C, the judge accepted White’s account in terms of his interactions with Ms. C and her living conditions and work duties.

For example, the judge said he believed White’s testimony that Mr. White, who served in the Canadian Forces before working as a tree feller, was able to care for the children during the day starting in mid-August because of a work injury. further reducing Ms. C’s childcare duties.

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According to the decision, both women agreed that Ms. C was responsible for applying for the work permit.

Her first application was rejected in July 2019 by Immigration, Refugees and Citizenship Canada because she submitted an incorrect or outdated form.

His second application was denied in November 2019 because it said he had to apply for a work permit in the United States, not Canada.

Relations between Mrs C and the Whites deteriorated after Mrs C felt that the responsibility and cost of obtaining a work permit fell on her. She also claimed to have been mistreated by Mr. White, something White denied.

The COVID-19 pandemic further strained their relationship when White, who had an autoimmune disorder and was considered at risk, wanted Ms. C to isolate herself inside the house.

But Mrs. C was in a relationship and wanted to see her partner. The partner came to live with the whites to be within their “bubble,” but he did not get along with them.

Ms. C also said she felt she was at risk when the Whites left her home with the children to fight a wildfire in Squamish in March 2020.

He left the whites at the end of April 2020.

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After White was charged, she was suspended from active duty and placed on paid leave. She has since retired on permanent disability due to work-related post-traumatic stress disorder. She also had a third child in late 2022.

Riley said White has suffered significant consequences since the charge, including the loss of his reputation at work and in the community, as well as substantial legal costs.

During sentencing, the judge said White’s crime was aggravated by his work as a police officer but mitigated by his guilty plea, his diagnosis of post-traumatic stress disorder, his prior good character and the support of the police. community. He rejected a foreign nanny ban proposed by the Crown, saying she White was not at risk of reoffending because she was now a housewife and no longer needed childcare.

Riley said $2,000 was the appropriate fine in the case and “represents a deterrent to others who might be willing to rush in and proceed with the illegal employment of a foreign national before obtaining the necessary regulatory approval.”

He also ordered White to have no contact with Ms C, who now lives in Squamish as a permanent resident.

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