WestCentralOnline.com: Following the verdict, senior Crown prosecutor Leslie Dunning described the case as significant for Saskatchewan.

Written by Jenny Hagan, WestCentralOnline.com

Two Saskatchewan restaurant owners have been convicted in a landmark employment-related human trafficking case after a judge found they exploited a vulnerable temporary foreign worker from Bangladesh.

Sohel Haider was convicted Friday of one count of human trafficking, while Mohammed MD Masum was convicted of one count of human trafficking and three counts of sexual assault following a lengthy Court of King’s Bench trial that spanned seven weeks over an 18-month period and involved restaurants in Gull Lake, Tisdale and Elrose. The case also drew in former Saskatchewan MLAs Doug Steele and Hugh Nerlien, whose efforts helped the complainant escape her situation.

The decision follows a seven-week trial spread over approximately 18 months.

Judge finds victim was exploited

Court heard the woman travelled to Canada in August 2022 on what appeared to be a vacation but hoped to remain permanently by obtaining a work permit.

After receiving assistance from a Toronto organization that helps Bangladeshi newcomers, she applied for jobs through the federal Job Bank and was recruited by Haider to work at the Empire Diner in Gull Lake.

The judge found Haider brought her to Saskatchewan before obtaining the required federal approval to employ a temporary foreign worker.

The woman testified she immediately began working long hours as a kitchen helper and server but was never paid despite being promised wages.

Haider denied she ever worked in the restaurant, insisting she was only provided room and board while awaiting a work permit.

Judge Martinez rejected that evidence.

Work permit delays led to transfer

The court heard Haider later transferred the woman to Tisdale, where she stayed with Masum, owner of the Little Town Restaurant.

The complainant testified she worked approximately 12-hour shifts, six days a week, from November 2022 until March 2023.

Masum denied she ever worked in his restaurant.

The judge instead accepted the complainant’s evidence, finding both accused exercised significant control over her movements and employment.

Eventually, after receiving a closed work permit tied to Bob’s Diner in Elrose, she was transferred there months later than originally anticipated.

Sexual assault allegations accepted

Judge Martinez also accepted the complainant’s evidence that Masum sexually assaulted her eight times in Tisdale, Saskatoon, Regina and during a trip between Saskatoon and Tisdale.

The complainant testified Masum withheld her passport, pressured her into sexual acts and threatened to expose the encounters to her husband and family in Bangladesh.

Masum denied any inappropriate contact.

The judge found the complainant to be a credible and reliable witness and rejected Masum’s evidence.

“I do not have any reasonable doubt that he sexually assaulted her eight times,” Judge Martinez said while delivering his decision.

MLAs helped arrange rescue

The case also revealed how two Saskatchewan MLAs became involved after concerns were raised about the woman’s welfare.

Cypress Hills MLA Doug Steele first met the complainant while dining at the Empire Diner in Gull Lake during the fall of 2022. After noticing she appeared isolated, he gave her his business card and encouraged her to contact him if she ever needed help.

When concerns later intensified, Steele sought assistance from former MLA Hugh Nerlien.

Nerlien arranged a meeting at the Little Town Restaurant in Tisdale, where he discreetly handed the complainant his business card wrapped around contact information for social worker Jody Campbell.

Campbell later met with the woman and became sufficiently concerned that she and Steele developed a plan to secretly remove her from the situation.

The rescue was carried out successfully on March 23, 2023.

Vulnerability central to ruling

Judge Martinez said the complainant was particularly vulnerable because she arrived alone in Canada with limited English, little money and little understanding of Canada’s immigration system.

He said both accused knew she was desperate to remain in Canada and exploited those circumstances.

The judge found Haider benefited from unpaid labour while Masum benefited from cheap labour and abused his position of authority.

He concluded both men used their influence over the complainant’s immigration status and employment to control her.

Crown calls decision significant

Following the verdict, senior Crown prosecutor Leslie Dunning described the case as significant for Saskatchewan.

She said employment-related human trafficking can occur outside the stereotypes many people associate with the offence.

“Human trafficking can happen in employment relationships, such as what we’ve seen in this case happen,” Dunning said.

She added the decision provides important legal guidance because Saskatchewan has had very few human trafficking cases proceed through trial to a written judgment.

Dunning also said she hopes the ruling encourages victims experiencing exploitation to seek help and serves as a deterrent to employers who may seek to exploit temporary foreign workers.

Accused remanded into custody

Following the convictions, Crown successfully argued both men should be taken into custody immediately pending sentencing, citing the significant prison terms they now face.

Defence lawyers opposed the request, noting both men had complied with previous release conditions and surrendered their passports.

Judge Martinez ordered both Haider and Masum remanded into custody.

Sentencing has been scheduled for Aug. 14 in Court of King’s Bench in Saskatoon. Pre-sentence reports have been ordered, and both men have been prohibited from having any contact with the complainant except through legal counsel.