Former BC Mountie has been fined $2,000 for illegally hiring an American babysitter

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

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After a nine-day trial in BC Supreme Court, Randi Ellen White changed her plea to guilty and admitted that she hired a live-in nanny – identified only as Mrs. C in court documents – for 13 months in 2019 and 2020 2020, knowing that she was not authorized to work in the country.

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

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

In the sentencing decision issued Thursday, Judge W. Paul Riley said White had broken the law, but her behavior was motivated by a “mix of selfless altruism and self-beneficial pragmatism” and was not predatory.

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He said White “consciously entered a gray area” by allowing Ms C to work as a live-in nanny without a work permit.

“The effect of this scheme was exploitative,” Riley said in his decision. “Ms C worked as a live-in nanny and was not properly paid for her work. It is not clear what her hours were, nor were there any proper wage deductions and transfers. Among other things, Ms C did not have the benefit of WCB protections or EI protections that should apply to an employee.”

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

She met Mrs. C in September 2018 after Mrs. C placed an ad on the Bellingham, Washington Craigslist looking for a family for a live-in nanny.

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Mrs. C was legally deaf and had just left an abusive relationship and wanted a fresh start.

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

The parties decided to move forward, even though it became clear that the paperwork would not be complete by the time White had to return to work.

White testified that she intended to follow the rules and hired an immigration consultant to help her with the process. In February 2019, she applied for a labor market impact assessment, a first step towards obtaining a work permit.

She also had a draft employment contract drawn up stating that the nanny would work 40 hours per week and be paid $14.50 per hour, increasing to $21.50 for overtime, or $2,320 per month. The contract also stated that the nanny would have her own bedroom with a lock and private bathroom.

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Mrs. C was employed by De Witten from February 2019 to the end of April 2020.

She claimed she was forced to work more than 40 hours a week, including evenings, and was saddled with other household chores, including laundry and gardening. She was paid $1,000 a month in cash.

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

She calculated that Mrs C had to care for the children ‘solo’ for approximately 503 hours over the 13 months, which equated to 8.5 hours per week.

She testified that her main reason for hiring Ms. C was that she sympathized with her situation, was fleeing an abusive relationship, had nowhere to go, and was reduced to “couch surfing.”

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Although there were different stories between White and Mrs. C, the judge accepted White’s story in terms of her interactions with Mrs. C and her living arrangements and work duties.

For example, the judge said he believed White’s testimony that Mr. White, who served in the Canadian Armed Forces before working as a tree trapper, was unable to care for the children during the day starting in mid-August because of a workplace accident. to further reduce Mrs. C’s childcare duties.

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

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

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Her second application was rejected in November 2019 because it stated she had to apply for a work permit in the US, not Canada.

Relations between Mrs. C and the whites deteriorated after Mrs. C felt that the responsibility and costs of obtaining a work permit were being placed on her shoulders. She also alleged assault by Mr. White, something White denied.

The COVID-19 pandemic put further strain on their relationship when White, who had an autoimmune disease and was considered high-risk, wanted Mrs C to isolate in the household.

But Mrs. C was in a relationship and wanted to see her partner. The partner came to live with the Whites to get into their ‘bubble’, but did not get along with them.

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

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She left the Whites at the end of April 2020.

After White was charged, she was suspended from active duty and placed on paid leave. She has since retired due to permanent disability from work-related PTSD. She also had a third child at the end of 2022.

Riley said White has suffered significant consequences since the indictment, including the loss of her reputation at work and in the community, as well as significant legal fees.

During sentencing, the judge said White’s offense was aggravated by her job as a police officer but is mitigated by her guilty plea, PTSD diagnosis, her previous good character and community support. He rejected a Crown proposed ban on foreign nannies, saying White was not at risk of reoffending because she was now a stay-at-home mother and no longer needed childcare.

Riley said $2,000 was the appropriate fine in this case and “provides a deterrent to others who might be tempted to engage in the unlawful employment of an alien before obtaining the necessary regulatory approval.” ”

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

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