What's it going to take for Canada to provide abused nanny Leticia Sarmiento Landed Immigrant staus?

17 posts / 0 new
Last post
NorthReport
What's it going to take for Canada to provide abused nanny Leticia Sarmiento Landed Immigrant staus?

""

NorthReport

 

Nanny denies defence's suggestions

Leticia SarmientoPhotograph by: Cp Files , Sunday Province
Read more: http://www.theprovince.com/news/Nanny+denies+defence+suggestions/8500091/story.html#ixzz2VkrEvTqq

 

NorthReport

Filipina nanny testifies at human trafficking trial Franco Orr, wife Nicole Huen allegedly brought Leticia Sarmiento to Canada illegally

http://www.cbc.ca/news/canada/british-columbia/story/2013/06/05/bc-nanny...

NorthReport

No freaking kidding!!!

Human trafficking trial: Filipino nanny’s behaviour was nervous, tired say witnesses

 

HUMAN TRAFFICIKING

http://www.vancouverdesi.com/news/filipino-nanny-was-nervous-about-talki...

NorthReport

Employer kept nanny’s passport to stop her from leaving, court hears

http://www.theglobeandmail.com/news/british-columbia/employer-kept-nanny...

NorthReport

Gee, I wonder why he is trying to hide his face.

Court hears nanny’s horror story in trial of couple she worked for

 

Court hears nanny’s horror story in trial of couple she worked for Oi Ling Nicole Huen, left, and Franco Yiu Kwan Orr, shown outside court Wednesday, have pleaded not guilty to charges related to bringing Leticia Sarmiento into the country illegally and wrongfully employing her.Photograph by: Arlen Redekop , Province

 

http://www.leaderpost.com/news/bc/Court+hears+nanny+horror+story+trial+c...

 

 

 

NorthReport
NorthReport

This is an absolute outrage, what this poor woman had to endure here in Vancouver, Canada by this monster.

What is the Canadian government waiting for  - give Leticia "landed" status now!!!  

 

Man convicted of human trafficking in B.C. Filipino nanny case
http://www.ctvnews.ca/canada/man-convicted-of-human-trafficking-in-b-c-f...

NorthReport

 

Franco Orr Guilty

Unusual verdict

Husband guilty in Filipina nanny human trafficking case  

 

During the trial, Sarmiento testified she was forced to work long hours with no days off, forbidden from leaving the family's Vancouver-area homes.

She also testified she was only allowed one phone call to her family in the Philippines each month, and had her passport taken from her by the family.

But Preovolos said he was surprised and disappointed by Wednesday's verdict, citing "serious credibility problems" with the complainant.

"I struggle to understand how it is that the jury was able to find beyond all reasonable doubt that her evidence was reliable," he said.

Sarmiento has looked after other peoples' children for most of her adult life, in places including Saudi Arabia, Lebanon and Hong Kong.

She told the court she was tricked into coming to B.C. with the young family on the promise she'd work for two years before becoming a permanent resident.

Preovolos said he will ask the judge to consider a sentence of house arrest.

"We accomplish nothing by putting someone like Mr. Orr in jail," he said. "He's not a danger to the public. He won't hurt anybody."


http://www.cbc.ca/news/canada/british-columbia/story/2013/06/26/bc-filip...

NorthReport

Human-trafficking conviction in nanny’s case hailed as precedent-setting

Human-trafficking cases rarely make it into the criminal-justice system for several reasons.

Many victims, for example, are threatened with deportation or violence and develop a sense of learned helplessness.

Cultural taboos and language barriers can also keep a victim from contacting authorities, said Corporal Nilu Singh with the RCMP’s Human Trafficking National Co-ordination Centre.

“Almost always, we need the victim’s co-operation and testimony,” she said.

“If they don’t want to go through that process, then we’re not going to see those cases going through the courts.”

The difference in the two pieces of legislation in relation to human trafficking is that the Immigration and Refugee Protection Act requires that a person be brought into Canada while the Criminal Code “trafficking in persons” offence does not make any such stipulation.

The vast majority of human-trafficking cases the RCMP has seen so far relate to domestic human trafficking for the purposes of sexual service. Of Canada’s 46 human trafficking-related convictions to date, sentences have varied considerably, ranging from one day to nine years in prison, Cpl. Singh said. Of 80 such cases that remain before the courts, four are international forced labour cases and 76 are domestic.

She said Wednesday’s conviction was “definitely big news.”

“It’s good to see that there are agencies and prosecutors out there utilizing this piece of legislation; the more that it’s utilized, the more that people become aware of it.”


http://www.theglobeandmail.com/news/british-columbia/human-trafficking-c...

NorthReport

Franco Yiu Kwan Orr 

Vancouver man convicted of human trafficking for treatment of Filipino nanny

He is said to have treated his Filipino nanny like a slave, and now he faces life in prison for human trafficking.

Vancouver's Franco Yiu Kwan Orr was found guilty of human trafficking on Wednesday, in a case that pitted him and his partner against a Filipino nanny who claimed she was mistreated, segregated and abused.

Orr was found guilty of trafficking and illegally employing a foreign national as well as lying to immigration officials about Leticia Sarmiento, who had worked for his family in Canada since 2008.

The Canadian Press reports that Sarmiento previously worked for Orr and his partner, Oi Ling Nicole Huen, in Hong Kong and was promised similar working conditions when she moved with them to Canada.

[ Related: Man convicted of human trafficking in B.C. Filipino nanny case ]

Instead, she was forced to work 16-hour days, seven days a week, barred from socializing, owning a cell phone and forced to cook and clean their house, tasks not previously under her purview as a nanny. She also said her passport was taken from her by the couple.

The affair came to a head in 2010, when Sarmiento called police when an altercation surrounding the type of milk being given to the children turned physical.

 

http://ca.news.yahoo.com/blogs/dailybrew/vancouver-man-convicted-human-t...

NorthReport

This is far from over - this Orr scum apparently owns several properrties in Vancouver area so his high-priced lawyer will probably be appealing.

Meanwhile what happens to Leticia Sarmiento?

Overworked Filipina nanny in Canada wins case vs employers

A jury of the B.C. Supreme Court found a man from Vancouver, Canada guilty of human trafficking after forcing a Filipina nanny to work 16 hours every day.

http://www.philstar.com/nation/2013/06/28/959338/overworked-filipina-nan...

Sineed

I was discussing this case yesterday with an affluent friend who employed a nanny for several years when her kids were young. She said, in her area, there were people living in 5 million dollar homes who hired Filipina nannies on the cheap. Many of these women were separated from their own kids for several years while raising other people's kids, all to save wealthy Canadians a few bucks on childcare: it's generally more expensive to hire a Canadian or someone who immigrated to Canada on their own and is established here.

Twenty years ago, I worked for a woman whose husband was the vice president of a major Canadian corporation. Her family imported an entire family from the Philipines  to work as servants, housing them in the basement. There were rumours of mistreatment, credible because my former boss was a repugnant human being (long story). But I didn't think of human trafficking, or calling the police, and credit stories like this to raise awareness of what is probably a much larger problem than we realize.

bagkitty bagkitty's picture

@NorthReport: I am not certain granting landed immigrant status is the best recourse, and certainly not the first. I would suggest that what should happen would be along the lines of:

Intevene in any proceedings for back pay, working on the assumption that the allegations made by the nanny have already been accepted as true by a court, this should mean that the entire amount should be figured out using (at minimum) time and half of a court determined hourly wage [since time off was not provided, anything past the very first 40 hours the nanny ever worked should be calculated at the higher scale] - and I think it is important that the court determine what the fair hourly wage would be, not what the nanny was coerced into accepting. She should not be in the position of having to go after this herself, the Crown should intervene on her behalf and if there are any punitive amounts assessed they should be transferred to the injured party, not to the Crown.

It is, to me, unclear whether the convicted is/was a Canadian citizen residing for some period in Hong Kong, or a non-citizen who either immigrated or resettled in Canada. If the latter, Citizenship and Immigration should look into revoking his right to be here.

There is reference in post #2 that the nanny may have been in Canada illegally, but nothing definitive. If she was in the country legally (as part of a temporary worker's program or the like) I whole heartedly agree that she should be offered Landed Immigrant status automatically - Citizenship and Immigration obviously failed to meet their responsibility to ensure that conditions of such a permit were being respected (like conforming to the BC Labour Code). If she was not in the country legally, I would still agree that an offer to grant Landed Immigrant status should be made, on compassionate grounds.

I don't diagree that the option to become a Landed Immigrant might have some value, but I think Crown assistance in getting full and adequate compensation from her former employee (captor) should be the first priority.

 

NorthReport

Leticia has been in Canada since 2010, and seriously abused ihere in Canada n the process, Orr controlled all her legal documents which she could not access, so why should she not be granted Landed Immigrant status as well as substantial financial compensation? 

And Orr himself should be given the boot from Canada - so why is the government dragging its feet on this situation?

Why are thewre not government inspectors visiting these homes where care-givers are working? 

A lot is unclear about Orr 's status because of terrible or purposely vague reporting

Leticia Sarmiento, Filipina Nanny, Tells Trial She Worked 16-Hour Days

It was only after police took Sarmiento to a women's shelter that she discovered she'd been living in Canada illegally and that Huen and Orr brought her into the country on a six-month visitor's visa, which had long expired.

Sarmiento, who now works as a cleaner, arrived in Canada in early 2008 with Huen and Orr and their children. Prior to that, she had worked for them in Hong Kong as a live-in caregiver.

Sarmiento said the couple told her that her working conditions would be the same as in Hong Kong, where she had two days off a week and regular hours, and that she would become a permanent resident in Canada after two years.

 

http://www.huffingtonpost.ca/2013/06/05/leticia-sarmiento-filipina-nanny...

NorthReport

This is a diffreent case but good news regardless.

Nanny who was 'virtual slave' wins $55K in B.C. human rights caseT

ribunal finds employers sexually assaulted, isolated and underfed Filipino woman before she escaped

http://www.cbc.ca/news/canada/british-columbia/nanny-who-was-virtual-sla...

NorthReport

Franco Orr gets 18 months in human-trafficking case

http://www.theglobeandmail.com/news/british-columbia/vancouver-man-sente...

---------

Man convicted in nanny’s human trafficking wins bid for new trial

http://www.cknw.com/2015/03/03/man-convicted-of-human-trafficking/