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Months later, deportation concerns haunt human-trafficking victims

'In Mexico, it's different. We would not be safe,' says rescued victim; Workers and Living Water Resort scrambling to find a solution
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EDITOR’S NOTE: Some of these interviews have been conducted through a Spanish-English translator. Therefore, the reporter has corrected grammar and clarity when quoting. Also, some details have been witheld to protect the identities of the victims.

It’s been three months since 43 victims of a labour human-trafficking ring were rescued in Barrie and Wasaga Beach.

While the immediate nightmare may have ended for the victims who were rescued on Feb. 5, the 24 workers that remain in Simcoe County could face deportation.

The Barrie Police Service, Canada Border Services Agency (CBSA) and the Ontario Provincial Police (OPP) executed a number of search warrants in Simcoe County related to a labour human-trafficking investigation back in February. As a result the victims, who came to Canada from Mexico, were safely relocated.

In the three months since the bust, 24 workers have remained in the area, all working and living at Living Water Resort in Collingwood. While resort staff have done everything they can to help the workers, it may not be enough.

“These people were promised their visas would be automatically renewed. Thank God something just triggered in my head that I should follow up to find out what’s going on,” Don Buckle, vice president of resort operations for Living Water Resort said this week.

When Buckle contacted Immigration, Refugees and Citizenship Canada (IRC) recently, he says he was told the six-month work visas for the victims weren’t being renewed, and would be finished as of Aug. 7. He’s scrambling to get help for the workers to extend their visas so they can stay in Canada.

“When I spoke to the person from immigration, she told me they don’t think of them as ‘victims.’ They would need to re-apply and go through the process,” said Buckle. “But I sat there when they were promised they would be automatically renewed.”

Buckle says that in speaking with the OPP, he discovered that just because the OPP determines the workers are victims, that doesn’t automatically translate to how they’re characterized by IRC.

Calls to the Ontario Provincial Police for comment were not returned by publication time.

“(IRC) would have to interview each one of them to see if they truly are victims. Now, I’ve been told IRC doesn’t need to interview each one of them, that they can just go in and file,” said Buckle. “I’m not an expert on filling out these forms. That’s why I wanted to get an immigration lawyer to help.”

Earlier this week, Buckle received news that Adela Crossley, a Toronto immigration lawyer, will be coming to the resort for a nominal fee to help the 24 workers with their visa extension applications.

“I know there’s a large fee to do that for 24 people, but she’s offered to help for a minimal cost,” said Buckle, adding that the cost is being covered by donations that have come in from the community.

Nancy Caron, a spokesperson for IRC, said while the workers are waiting for the decision on their application, they can remain in the county.

“A person who applies to extend their status and is waiting for a decision... can remain in Canada until a decision is made on their new application,” she said. “This is called having implied status.”

Caron also said that individuals can self-identify as human-trafficking victims.

“A foreign national who receives a temporary resident permit as a victim of human trafficking also becomes eligible for an open work permit and for coverage under the Interim Federal Health Program,” she said, adding that a subsequent permit can be given for up to three years depending on circumstances.

Currently, Buckle says the 24 workers are living in staff housing off site. He says owner Larry Law took some of the timeshare rental properties out of the commercial pool to accommodate them when he saw how many couples there were.

“In the beginning, it was all about just getting them in here, knowing they had to work. When they came, we didn’t have enough work for everybody, but they needed the money.”

Buckle says the resort house cleaning staff got together to rustle up any work they could find. He also adds they gave each worker $100 cash just to get them started, as many of them had only the clothes on their backs.

All the rescued workers are working in the housekeeping department at Living Water. Nicky Todd, resort manager for Living Water, says some have already been promoted in the three months they’ve been employed by the resort.

“The transition has been amazing. When we have our housekeeping meetings, they hug us when they see us,” said Todd. “Our (existing) staff have embraced them as well. It’s been a good experience.”

“For me, I think this is the last piece of the puzzle they need right now in order to feel safe,” said Buckle.

Juan and Lisa (not their real names) were featured in our article back in February that outlined their experiences as victims of the labour human trafficking ring.

This week, we reconnected with them.

“Things are better now,” said Juan. “Living Water has been great to us.”

Juan and Lisa have both been taking the ESL classes at The Learning Centre three days a week with the other workers. They say that the Ontario Provincial Police have been visiting regularly to check in, with May 2 being their last visit.

Julie (not her real name) also opted to speak about her experiences.

All three of the workers say they haven’t received many mental health supports since the bust occurred and while the ordeal might be over, the emotional scars remain.

“We were thinking we would like to speak with a psychologist,” said Lisa. “We really need it. The things we were feeling while we were working were really scary. Sometimes, we still feel scared to speak with managers.”

“We don’t feel comfortable,” she added. “When we go to Barrie, we’re always looking around.”

The three workers also say they are still receiving intimidating text messages from the owner of the contract company under investigation. Their families in Mexico are also still receiving messages.

“(The leader) will send messages offering to pay $25 per hour to come back,” said Juan. “It’s not really a ‘threat.’ It’s more like, don’t say something or do something. For now, they’re asking in a nice way.”

Lisa adds that they’ve also been offered housing if they agree to stop speaking with police.

All three say they don’t respond to the messages and have forwarded them to the police. They also expressed concern there still haven’t been any charges filed against the leader or the company.

“What’s going on? It’s been three months, and we don’t know anything about the company,” said Lisa.

Looking at their own life circumstances, Lisa says she has concerns about the extension of the six-month work visas.

“We know they’re in the process, but we don’t know anything for sure,” she said.

Lisa, Juan and Julie list off many obstacles they’ve faced over the past three months; they include not being eligible to apply for a credit card, not being eligible for medical insurance and not being able to explore other housing options.

“Rental contracts are for one year, so that’s difficult for us,” said Juan.

Lisa says that finally, on May 7, they are officially eligible for a health card.

“The most important part, for me, is the medical part,” said Julie. “I have medical problems with my bones and joints. I’m in pain all the time. We don’t have family doctors.”

Julie says she supports herself, as well as sending money to her family in Mexico.

“It’s hard to support two houses,” she said. “The payment is not bad, but it’s hard.”

All three also have concerns about what will happen to them in Mexico if they are deported.

“Here, we are safe,” said Juan. “The police saved us. In Mexico, it’s different. We would not be safe.”

“The people in Mexico will think, ‘They came from Canada? They bring money,’” he said, adding that this will make them targets for theft or extortion.

All three workers are looking for help to become permanent residents in Canada.

Juan says he’s interested in learning a new skill, such as a trade. However, with the temporary work permit, going to school is prohibited.

“In Canada, for all the jobs, you need a certificate. I’m so grateful to Living Water Resort, but I don’t want to stay all my life here. I want to learn a skill,” he said.

Three months ago, Barrie-Innisfil MPP Andrea Khanjin congratulated the Barrie police for the work they did to uncover the ring.

“Since then, we’ve talked about more things we’d like to do provincially,” said Khanjin. “(The bust) proved that government agencies can definitely collaborate better together to solve these types of crimes.”

Khanjin points to provincial initiatives that are aiming to combat human trafficking, including the Community Safety and Policing Grant program which encourages collaboration between law enforcement agencies.

Through the grant program, $9 million is available for projects that are complex, multi-jurisdictional, and target the most heinous crimes. Human trafficking is considered a heinous crime under this model.

The provincial government is also adding the topic of human trafficking to the updated education curriculum.

“I have been working with local community leaders on combating human trafficking and how our provincial government can help,” said Khanjin. “Highway 400 is often used for transporting the victims of human trafficking. Criminals don’t respect geographical boundaries. That’s why we will encourage collaborations between police services so we can lock-up the most dangerous criminals.”

While Khanjin says immigration matters are dealt with at the federal level, before becoming an MPP she worked with Immigration Canada and is able to provide some insight.

“In those special circumstances I would go to my federal MP. They could take it to the federal immigration minister. There is that avenue,” she said. “If they’re looking at staying here permanently, there’s also a program available called the Canadian Experience Class.”

The Canadian Experience Class is a federal program for skilled workers who have Canadian work experience and want to become permanent residents.

Barrie-Springwater-Oro-Medonte MP Alex Nuttall said he’d be delighted to help the workers with their applications.

“If they’re having that issue, we have to sit down with them one-by-one,” said Nuttall. “We would look at the victims one at a time and then take that to the federal government. These are victims of crime. These people clearly haven’t had the easiest experience in Canada... it was slave labour.”

While Nuttall says they can’t discuss individual files with media due to privacy, he says he’d be willing to meet with any of the victims who need a hand.

“That’s what we’re here for. It doesn’t mean we can provide the solution in our office, but it does mean that we can be a voice for them and find the route to get the answers for them," Nuttall said.

The entrepreneurial spirit Collingwood is known for is even rubbing off on the workers. One of the pipe dreams Juan, Lisa and Julie have discussed is the possibility of the 24 workers starting their own Mexican restaurant in Collingwood one day.

“We want to start it from the beginning,” said Lisa. “It’s our long-term goal.”

“We would like help, but we don’t want anything for free. We want to work for it,” said Juan.

Financial donations to help the workers with their immigration cases are being collected by Pastor Dan Chatham from Journey Community Church.