In the case below, recently reported, the court granted a conditional discharge to a foreign worker found guilty of obstruction of justice. The judge seems to have misunderstood the effect of the IRPA provisions that deny appeal rights to the IAD to persons convicted in Canada and receiving sentences of more than two years, as they only pertain to permanent residents and not to those on temporary status as in the case below. A person who is in Canada on temporary status ( i.e Work Permit, Study Permit) and has been convicted in Canada of any criminal offence can immediately be the subject of a report concerning inadmissibility, convoked to a hearing before the Immigration Division and found inadmissible and ordered deported. The only remedy at that point would be a judicial review a the Federal Court, as non-residents do not have appeal rights at the IAD.
R. v. MawuliBetween
Her Majesty the Queen, Crown, and
Henry Yaw Mawuli, Accused
[2011] A.J. No. 937
2011 ABPC 258
Dockets: 101008795P1, 101279800P1
Registry: Calgary
Alberta Provincial Court
A.J. Brown Prov. Ct. J.
Heard: March 22 and July 22, 2011.
Judgment: August 26, 2011.
(25 paras.)
________________________________________
Reasons for Sentence
A.J. BROWN PROV. CT. J.:--
Sentence
1 For offences of attempting to obstruct justice and breaching a bail condition, Mr. Mawuli is discharged conditionally and placed on probation for two years.
2 He must also pay $150.00 in victim fine surcharges, $100.00 for the attempt to obstruct justice and $50.00 for the breach of a bail condition.
3 The conditions of the probation order will include directions to: undergo counselling in the areas of anger management and domestic violence; complete an educational course in civics, for example, the rights and responsibilities of citizenship, Canadian government and courts, or introduction to law; and, complete 75 hours of community service work.
Issues
4 The main issue in Mr. Mawuli's case is whether a conditional discharge is a fit sentence.
5 A related issue is the relevance of considering the potential negative impact on Mr. Mawuli's application for permanent residency in deciding on the application for a conditional discharge.
Background
Facts
6 Mr. Mawuli, an ironworker, is a foreign national from Ghana in Canada on a work visa.
7 He pled guilty to: breaching a condition of his release by contacting his spouse; and, attempting to obstruct justice. The obstruction of justice charge was prosecuted by indictment and stemmed from a 911 call in which the telephone was left off the hook so that the operator could hear some fighting in the background. Mr. Mawuli then picked up the telephone and said he was "Sid" and had been mistakenly calling work friends. When police arrived at the home to pursue an investigation, he continued to mislead them and had even taken steps to hide bloody clothes in the rafters of the furnace room.
Positions of Defence and Crown
8 Defence Counsel argued for a conditional discharge, saying that a conviction would harm Mr. Mawuli's application for permanent residency.
9 Crown counsel opposed the granting of a discharge, saying that immigration status is rarely a factor to be considered and obstruction of justice is a very serious offence, in this case meriting a short, sharp jail sentence of 15 to 30 days.
Authorities Considered
10 In reaching my decision, I have considered the following cases: R. v. Ahmed, 2006 BCPC 386, 2006 CarswellBC 2054; R. v. Arganda, 2011 MBCA 54, 2011 CarswellMan 361; R. v. Belenky, 2010 ABCA 98; R. v. Daskalov, 2011 BCCA 169, 2011 CarswellBC 793; R. v. Duhra, 2011 ABCA 165; R. v. Eshghabadi, 2009 BCSC 1875, 2009 CarswellBC 379; R. v. Hamilton (2004), 72 O.R. (3d) 1, 241 D.L.R. (4th) 490 (C.A.); R. v. Leung, 2004 ABCA 55, [2004] A.J. No. 129; R. v. MacFarlane (1976), 3 Alta. L. R. (2d) 341 (C. A.); R. v. Martinez-Marte, 2008 BCCA 136, [2008] B.C.J. No. 738; R. v. Morgan, 2008 NWTCA 12; R. v. Nistor, 2010 SKCA 62, 350 Sask. R. 238, aff'g 2009 SKQB 464, 2009 CarswellSask 846; R. v. Noroozi, 1989 CarswellQue 1109; R. v. Singh, 2007 CarswellOnt 2078; R. v. Teclesenbet, 2009 ABCA 389, 469 A.R. 193; R. v. To, 2004 ABCA 197, 187 C.C.C. (3d) 526; R. v. Truong, 2007 ABCA 127, 404 A.R. 277; and, R. v. Yonis, 2011 ABPC 20, [2011] A.J. No. 102.
Mr. Mawuli's Background
11 Born and raised in Ghana, Mr. Mawuli, now 30 years old, completed a high school program that qualified him to work as an ironworker. He has been steadily employed since high school graduation, working 6 years for one company in Ghana before being recruited to come to Canada to work for LMS Reinforcing Steel Group in 2008. Laid off by LMS in December 2010, he soon found work, in February of this year, with his current employer.
12 Despite the physical separation from his family in Ghana, Mr. Mawuli continues to have a close relationship with his mother and siblings. He tries to send money to his family every month and has recently purchased some land in Ghana, which he plans to use to build a ranch business he can manage from Canada.
13 In 2009, after a 6-month relationship, Mr. Mawuli married his wife Wendy. Problems in the marriage gave rise to Mr. Mawuli's current charges; the future of the relationship is unclear, there being mixed indications from both Mr. Mawuli and his wife about their respective interest in receiving counselling and reconciling.
14 Mr. Mawuli's friend and fellow ironworker from Ghana, with whom he is now living, and his pastor, speak highly of him and say that his offences are out of character.
15 Mr. Mawuli does not smoke or drink and has never taken drugs.
16 The pre-sentence report is positive and deems Mr. Mawuli suitable for a community based sentence.
Immigration Status as a Factor in Sentencing
17 From my review of the case law, I have concluded that the effect on immigration status is a relevant sentencing consideration but only if the sentence sought is within the appropriate range. Three recent decisions from the Alberta Court of Appeal illustrate this principle:
• Truong: Mr. Truong pled guilty to drug offences and, following a joint submission from counsel, was sentenced to serve a two year sentence. A provision of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, denies a right of appeal of a deportation order to any person sentenced to 2 years or more. Justice Paperny extended the time for Mr. Truong to file his notice of appeal, observing that: while there may be little difference between 2 years and 2 years less a day for sentencing purposes, the deportation without appeal may be unduly punitive; and, this harsh consequence of the sentence was not put to the sentencing judge, nor considered by Mr. Truong when he agreed to the joint submission.
• Belenky: A Crown appeal from a 2 year less a day sentence followed by 18 months' probation for two charges of cocaine trafficking was allowed and a 2 1/2 year sentence imposed. Mr. Belenky had a record for cocaine trafficking for which he had received a 2 year sentence. The Court of Appeal held that the consequence of deportation could not allow imposition of a sentence outside the appropriate range.
• Duhra: As in Truong and in contrast to Belenky, the Court of Appeal allowed the reduction of the effective sentence imposed from 2 years to 2 years less a day. The reduction by one day did not remove the sentence from the appropriate range and the immigration consequence would be unduly harsh.
Availability of a Discharge for an Obstruction of Justice Offence
18 Obstruction of justice is a very serious offence, striking at the heart of maintaining a justice system that is a cornerstone of our civil society. Often, a jail sentence is the only sentence viewed to deliver the necessary denunciatory and deterrent message for those who would thwart the justice system.
19 There are, however, no statutory bars to a discharge and the range of sentences runs from discharges to penitentiary sentences.
20 The most severe sentences for obstruction of justice are delivered in cases of witness intimidation or bribery, or fraudulent representations to the court.
Application of the Law to Mr. Mawuli's Case
21 The MacFarlane test for a discharge is met for these reasons:
• a discharge is in Mr. Mawuli's best interests as it preserves his ability to make an application for permanent residency;
• it is not against the public interest, in particular because it was an impulsive act and, while a serious offence, low on the scale of moral blameworthiness.
22 While ignorance of the law is not a defence, it is a relevant factor in assessing Mr. Mawuli's degree of moral culpability; as a foreign national in the country on a work visa for 2 to 3 years, Mr. Mawuli being ignorant of the seriousness of obstruction of justice is understandable and does reduce his degree of culpability, while not excusing it.
23 Mr. Mawuli's form of obstruction has more in common with the offence of obstruction of a peace officer than with witness intimidation; the Ahmed case dealt with an offender in very similar circumstances to those of Mr. Mawuli, except that his offence was obstruction of a peace officer. Mr. Ahmed received a conditional discharge.
24 Therefore, considering the favourable pre-sentence report, employment history and community support surrounding Mr. Mawuli a discharge is within the range of available sentencing options, whereas registering a conviction would have unduly harsh consequences.
Conclusion
25 For these reasons, I have concluded that the fit sentence in Mr. Mawuli's case is a conditional discharge with two years of probation.
A.J. BROWN PROV. CT. J.
Thursday, September 8, 2011
CITIZENSHIP ANTI-FRAUD LINE COMING
The federal government will apparently set up a line to combat citizenship fraud. Do you think it is a good idea? Consider that residency fraud in citizenship applications is rampant, people try to find ways to live abroad and misrepresent their residency in Canada. Citizenship is something that you must earn, not an entitlement to collect a passport and enjoy benefits without contributing to society.
Fed snitch line will fight citizenship fraud Canada News Toronto Sun
Fed snitch line will fight citizenship fraud
By Daniel Proussalidis ,Parliamentary Bureau
First posted: Wednesday, September 07, 2011 07:07 PM EDT Updated: Wednesday, September 07, 2011 07:27 PM EDT
OTTAWA - The federal government is moving to set up a special snitch line for citizenship fraud.
QMI Agency has learned the Conservatives plan to offer Canadians a phone number and e-mail address to use to report people suspected of getting their citizenship fraudulently or helping others do so.
Officials from Citizenship and Immigration Canada (CIC) would then investigate the reports.
Details are expected to be announced Thursday.
While CIC officials wouldn't comment on their future plans, a spokesman for Immigration Minister Jason Kenney did say fighting citizenship fraud is a priority for the government.
"Minister Kenney has been clear, Canadian citizenship is not for sale," Candice Malcolm said. "Our government is going to apply the full strength of Canadian law to go against those who've obtained Canadian citizenship fraudulently."
The new snitch line will be the latest move by the Tories to crack down on citizenship fraud.
In July, Kenney began the process of revoking the citizenship of 1,800 people fingered through RCMP and CIC investigations of people officials believe never really lived in Canada.
At the time, Kenney said the revocations would "send a very clear message to the little industry of crooked citizenship consultants -- we're putting them out of business."
Fed snitch line will fight citizenship fraud Canada News Toronto Sun
Fed snitch line will fight citizenship fraud
By Daniel Proussalidis ,Parliamentary Bureau
First posted: Wednesday, September 07, 2011 07:07 PM EDT Updated: Wednesday, September 07, 2011 07:27 PM EDT
OTTAWA - The federal government is moving to set up a special snitch line for citizenship fraud.
QMI Agency has learned the Conservatives plan to offer Canadians a phone number and e-mail address to use to report people suspected of getting their citizenship fraudulently or helping others do so.
Officials from Citizenship and Immigration Canada (CIC) would then investigate the reports.
Details are expected to be announced Thursday.
While CIC officials wouldn't comment on their future plans, a spokesman for Immigration Minister Jason Kenney did say fighting citizenship fraud is a priority for the government.
"Minister Kenney has been clear, Canadian citizenship is not for sale," Candice Malcolm said. "Our government is going to apply the full strength of Canadian law to go against those who've obtained Canadian citizenship fraudulently."
The new snitch line will be the latest move by the Tories to crack down on citizenship fraud.
In July, Kenney began the process of revoking the citizenship of 1,800 people fingered through RCMP and CIC investigations of people officials believe never really lived in Canada.
At the time, Kenney said the revocations would "send a very clear message to the little industry of crooked citizenship consultants -- we're putting them out of business."
Wednesday, September 7, 2011
LEGAL AID COSTS FOR IMMIGRATION CASES SOAR
See story below from the Toronto Sun. The cost of Legal Aid in Ontario for those embroiled in refugee and criminality deportation hearings appears to be skyrocketing. Compare the current price tag to that of ten years ago and you will quickly see that things are going in the wrong direction financially. If national figures are published, they will be even higher.
The question that the public needs to address, and the politicians so far refuse to tackle should be: " Is it appropriate for the taxpayers to spend millions assisting individuals who come to Canada without status? If so, to what extent should assistance for legal representation be granted? Should it be only for the initial hearing? Or only for an appeal or review? Or both? Or should legal aid only be granted to those who have legal status in Canada and face deportation due to a criminal offence or a misrepresentation, and not to foreigners who claim refugee status? Should those already convicted in Canada of multiple offences be denied legal aid for the immigration aspects of the case that flow from their criminality? What do you think?
Legal Aid immigration cost: $18.5M Home Toronto Sun
Legal Aid immigration cost: $18.5M
By Tom Godfrey ,Toronto Sun
First posted: Tuesday, September 06, 2011 09:22 PM EDT Updated: Tuesday, September 06, 2011 09:30 PM EDT
More than $18.5 million was spent last year by Legal Aid Ontario to help thousands of refugee claimants and immigrants fight their legal battles to stay in Canada, documents show.
Critics said the use of taxpayer funds to pay high-priced lawyers to represent newcomers should be slashed because it leaves less funding and services for Ontario citizens.
They cite the case of deportee Walford Uriah Steer, 39, of Jamaica, who has 76 convictions, and is still fighting deportation from Canada after being named as a most-wanted criminal.
Some of his appeals were financed with public funds.
“This is a ton of money that is spent on immigration,” said Gregory Thomas, of the Canadian Taxpayers Federation. “Why do they need $18 million in lawyers to protect themselves in a new country.”
Thomas said Canada has the “fairest refugee system in the world” and there’s no need for so many lawyers to be involved.
“Maybe there is a need to overhaul the refugee system,” he said. “I am surprised by the amount of money it cost for them (refugees) to ‘lawyer’ up.”
Legal Aid spokesman Feroneh Neil said that during the 2010-11 fiscal year, 12,450 certificates for refugee matters were issued.
Neil said that during the same period 7,934 cases were completed and billed to Legal Aid.
“The length of a case varies depending on the type and complexity,” she said by e-mail, adding some cases can occur quickly while others take years for a decision.
The documents show that more than $16 million of the amount spent on immigration went to the Refugee Protection Division, a body that determines whether a claimant is a refugee to be accepted in Canada.
Legal Aid had a budget of $297 million for 2010-11.
The largest portion — $104 million — was spent on criminal cases, while family issues gobbled up $51.8 million.
Ontario government officials have been pressing Ottawa to cover a larger share of costs in providing legal aid to immigrants.
They claim immigration is a federal matter that’s dealt with by federal tribunals and Ottawa should cover a greater share of the costs.
The $18.5-million tab for the 2010-11 fiscal year was about the same amount spent during the previous 12-month period.
The question that the public needs to address, and the politicians so far refuse to tackle should be: " Is it appropriate for the taxpayers to spend millions assisting individuals who come to Canada without status? If so, to what extent should assistance for legal representation be granted? Should it be only for the initial hearing? Or only for an appeal or review? Or both? Or should legal aid only be granted to those who have legal status in Canada and face deportation due to a criminal offence or a misrepresentation, and not to foreigners who claim refugee status? Should those already convicted in Canada of multiple offences be denied legal aid for the immigration aspects of the case that flow from their criminality? What do you think?
Legal Aid immigration cost: $18.5M Home Toronto Sun
Legal Aid immigration cost: $18.5M
By Tom Godfrey ,Toronto Sun
First posted: Tuesday, September 06, 2011 09:22 PM EDT Updated: Tuesday, September 06, 2011 09:30 PM EDT
More than $18.5 million was spent last year by Legal Aid Ontario to help thousands of refugee claimants and immigrants fight their legal battles to stay in Canada, documents show.
Critics said the use of taxpayer funds to pay high-priced lawyers to represent newcomers should be slashed because it leaves less funding and services for Ontario citizens.
They cite the case of deportee Walford Uriah Steer, 39, of Jamaica, who has 76 convictions, and is still fighting deportation from Canada after being named as a most-wanted criminal.
Some of his appeals were financed with public funds.
“This is a ton of money that is spent on immigration,” said Gregory Thomas, of the Canadian Taxpayers Federation. “Why do they need $18 million in lawyers to protect themselves in a new country.”
Thomas said Canada has the “fairest refugee system in the world” and there’s no need for so many lawyers to be involved.
“Maybe there is a need to overhaul the refugee system,” he said. “I am surprised by the amount of money it cost for them (refugees) to ‘lawyer’ up.”
Legal Aid spokesman Feroneh Neil said that during the 2010-11 fiscal year, 12,450 certificates for refugee matters were issued.
Neil said that during the same period 7,934 cases were completed and billed to Legal Aid.
“The length of a case varies depending on the type and complexity,” she said by e-mail, adding some cases can occur quickly while others take years for a decision.
The documents show that more than $16 million of the amount spent on immigration went to the Refugee Protection Division, a body that determines whether a claimant is a refugee to be accepted in Canada.
Legal Aid had a budget of $297 million for 2010-11.
The largest portion — $104 million — was spent on criminal cases, while family issues gobbled up $51.8 million.
Ontario government officials have been pressing Ottawa to cover a larger share of costs in providing legal aid to immigrants.
They claim immigration is a federal matter that’s dealt with by federal tribunals and Ottawa should cover a greater share of the costs.
The $18.5-million tab for the 2010-11 fiscal year was about the same amount spent during the previous 12-month period.
Saturday, September 3, 2011
ACCUSED WAR CRIMINAL ORDERED EXTRADITED
The better question in the article below is" How did he obtain Canadian citizenship?". Is Ottawa so incompetent that it grants citizenship without thorough background checks? How did he enter Canada? When? How did he obtain permanent residency? Who dropped the ball in this case? So many questions...so few answers. This seems ridiculous, in light of the fact that Canadian citizenship applicants are sometimes questioned at length about their residency and denied citizenship if they are even a few days short of the required 1095 days of residency. So how does an accused war criminal get the benefit?
Canadian judge orders accused Guatemalan war criminal extradited to U.S. - Winnipeg Free Press
The Canadian Press - ONLINE EDITION
Canadian judge orders accused Guatemalan war criminal extradited to U.S.
By: Bill Graveland, The Canadian Press
Posted: 09/2/2011 1:32 PM Comments: 0 (including replies)g Last Modified: 09/2/2011 4:29 PM
CALGARY - A judge has ordered that an accused Guatemalan war criminal alleged to have killed villagers with a sledgehammer be extradited to the United States to face immigration charges.
Queen's Bench Justice Neil Wittmann ruled Friday that the burden of proof has been met to approve a request from the U.S. Justice Department to return Jorge Vinicio Orantes Sosa to stand trial.
Sosa was arrested earlier this year in Lethbridge, Alta., and is accused of lying to American immigration authorities when he applied for U.S. citizenship about whether he had committed a crime or been a member of a military organization.
The 53-year-old, who is a Canadian citizen as well, is also wanted by Guatemalan authorities for his alleged involvement in attacks on the village of Dos Erres in which 222 men, women and children were massacred in 1982.
Wittmann said he felt the Crown had provided evidence that Sosa committed perjury when he said he hadn't been in the military.
"The evidence from the massacre at Dos Erres clearly establishes that Sosa was present and involved and actively participated in the killings with a sledgehammer, a firearm and a grenade," Wittmann said.
"It is hard for this court to comprehend these murderous acts of depraved cruelty."
Sosa showed no reaction when the ruling was read. He earlier smiled and waved to family members who were sitting in the front row.
Federal Immigration Minister Jason Kenney has the final say on whether the extradition order goes ahead.
Sosa has 30 days to appeal.
Lawyer Cynthia Dickins laid out in detail the legal case on behalf of the U.S. Justice Department at Sosa's extradition hearing in Calgary earlier this week.
Dickins said there was evidence that Sosa was a sub-lieutenant at the Kaibil School, which trained special commando units in Guatemala in the late 1970s and early 1980s.
The hearing was told he was one of the commanders of a 60-man unit that surrounded Dos Erres in December 1982. The group believed the village was under rebel control and that villagers were responsible for an ambush on a military patrol and the theft of 20 rifles.
"They went from house to house separating the men from the women and children,'' said Dickins, who was quoting a statement from one of three confidential witnesses who were members of the commando unit.
The villagers were brought to a well, blindfolded and interrogated, the hearing was told. No weapons were found.
"The decision was made to kill all the villagers. I witnessed the man known as Sosa hit villagers on the head with a sledgehammer, including one as young as 13,'' read Dickins from the witness statement. "One man was alive in the well. (Sosa) fired his rifle into the well and then threw a grenade down as well.''
Infants and small children were killed first, Dickins said. Women and young girls were raped before being slain.
Sosa's lawyer, Alain Hepner, acknowledged the atrocities committed in Guatemala formed a backdrop for the hearing, but argued the key was to determine if Sosa committed perjury.
After the decision, he said he had prepared his client for worst.
"I spoke to him and the family before the hearing and braced them for the outcome," he said.
"It's like a preliminary inquiry. The Crown has to show that there's some evidence to reflect that an offence has been committed and there was some evidence and the judge so ruled."
Hepner suggested the questions asked by U.S. immigration officials were ambiguous and there is no proof Sosa committed any crimes.
The small courtroom was filled with onlookers including Wagner Avila, who is hoping to see Sosa eventually sent back to Guatemala.
"My family is back there and we're a small community," he said.
"We just need it for our people. I think it's a step forward just because of our heritage and what went on in that era. It will be a step forward for us."
The Canadian Centre for International Justice and Lawyers Without Borders Canada were hoping the judge would refuse the extradition request so Sosa could be tried under war crimes legislation in Canada. They feel that trying Sosa on immigration charges fails to send a message that people who commit such atrocities will be held accountable.
Canadian judge orders accused Guatemalan war criminal extradited to U.S. - Winnipeg Free Press
The Canadian Press - ONLINE EDITION
Canadian judge orders accused Guatemalan war criminal extradited to U.S.
By: Bill Graveland, The Canadian Press
Posted: 09/2/2011 1:32 PM Comments: 0 (including replies)g Last Modified: 09/2/2011 4:29 PM
CALGARY - A judge has ordered that an accused Guatemalan war criminal alleged to have killed villagers with a sledgehammer be extradited to the United States to face immigration charges.
Queen's Bench Justice Neil Wittmann ruled Friday that the burden of proof has been met to approve a request from the U.S. Justice Department to return Jorge Vinicio Orantes Sosa to stand trial.
Sosa was arrested earlier this year in Lethbridge, Alta., and is accused of lying to American immigration authorities when he applied for U.S. citizenship about whether he had committed a crime or been a member of a military organization.
The 53-year-old, who is a Canadian citizen as well, is also wanted by Guatemalan authorities for his alleged involvement in attacks on the village of Dos Erres in which 222 men, women and children were massacred in 1982.
Wittmann said he felt the Crown had provided evidence that Sosa committed perjury when he said he hadn't been in the military.
"The evidence from the massacre at Dos Erres clearly establishes that Sosa was present and involved and actively participated in the killings with a sledgehammer, a firearm and a grenade," Wittmann said.
"It is hard for this court to comprehend these murderous acts of depraved cruelty."
Sosa showed no reaction when the ruling was read. He earlier smiled and waved to family members who were sitting in the front row.
Federal Immigration Minister Jason Kenney has the final say on whether the extradition order goes ahead.
Sosa has 30 days to appeal.
Lawyer Cynthia Dickins laid out in detail the legal case on behalf of the U.S. Justice Department at Sosa's extradition hearing in Calgary earlier this week.
Dickins said there was evidence that Sosa was a sub-lieutenant at the Kaibil School, which trained special commando units in Guatemala in the late 1970s and early 1980s.
The hearing was told he was one of the commanders of a 60-man unit that surrounded Dos Erres in December 1982. The group believed the village was under rebel control and that villagers were responsible for an ambush on a military patrol and the theft of 20 rifles.
"They went from house to house separating the men from the women and children,'' said Dickins, who was quoting a statement from one of three confidential witnesses who were members of the commando unit.
The villagers were brought to a well, blindfolded and interrogated, the hearing was told. No weapons were found.
"The decision was made to kill all the villagers. I witnessed the man known as Sosa hit villagers on the head with a sledgehammer, including one as young as 13,'' read Dickins from the witness statement. "One man was alive in the well. (Sosa) fired his rifle into the well and then threw a grenade down as well.''
Infants and small children were killed first, Dickins said. Women and young girls were raped before being slain.
Sosa's lawyer, Alain Hepner, acknowledged the atrocities committed in Guatemala formed a backdrop for the hearing, but argued the key was to determine if Sosa committed perjury.
After the decision, he said he had prepared his client for worst.
"I spoke to him and the family before the hearing and braced them for the outcome," he said.
"It's like a preliminary inquiry. The Crown has to show that there's some evidence to reflect that an offence has been committed and there was some evidence and the judge so ruled."
Hepner suggested the questions asked by U.S. immigration officials were ambiguous and there is no proof Sosa committed any crimes.
The small courtroom was filled with onlookers including Wagner Avila, who is hoping to see Sosa eventually sent back to Guatemala.
"My family is back there and we're a small community," he said.
"We just need it for our people. I think it's a step forward just because of our heritage and what went on in that era. It will be a step forward for us."
The Canadian Centre for International Justice and Lawyers Without Borders Canada were hoping the judge would refuse the extradition request so Sosa could be tried under war crimes legislation in Canada. They feel that trying Sosa on immigration charges fails to send a message that people who commit such atrocities will be held accountable.
Friday, September 2, 2011
RIDICULOUS, COSTLY SYSTEM RELEASES CAREER CRIMINAL WITH 72 CONVICTIONS
Question: Where can a foreign criminal with 72 convictions be released? Answer: in Canada.
The case below comes on the heels of an earlier decision in the release of another convicted serious foreign criminal (Guzman) just one week ago. These are not "run of the mill" cases, bu tare becoming all too common: career criminals with multiple convictions who have evaded capture after being ordered deported are being routinely released by immigration adjudicators and members of the Immigration and refugee Board. What is going on? Is there a bureaucratic "revolt" against keeping these unsavoury characters who pose a significant danger to society in custody? The articles talk about 'due process" of law, and that is a cardinal principle of our justice system, but that does not mean that a person has a right to roam the streets if they have already been ordered deported. Many individuals are kept in custody for lesser offences. So why are these high crime, high risk individuals being released? Is that a political statement? What would it take for Canada to wake up to this ridiculous system? A tragedy? How much misplaced "compassion" does Canada need to show to those who enter Canada under false pretences and commit multiple violent crimes? Or is it stupidity? Why are people with a DUI or a simple drug possession charge who try to come to Canada for business purposes from the US not allowed to enter, while a career criminal with multiple violent convictions remains at large? Have we lost our moral compass? Time for common sense to prevail.
Career criminal sign of flawed immigration system Toronto & GTA News Toronto Sun
Career criminal sign of flawed immigration system
By Chris Doucette ,Toronto Sun
First posted: Thursday, September 01, 2011 07:28 PM EDT Updated: Thursday, September 01, 2011 07:41 PM EDT
TORONTO - Walford Uriah Steer, one of the latest fugitives wanted by the Canada Border Services Agency to be rounded up, has been steering his way through the country’s flawed immigration system for more than a decade.
The 39-year-old career criminal has been ordered deported twice, re-entered the country illegally and been dubbed a “danger” to society. But the Immigration and Refugee Board still released him out onto the street for the fourth time in April instead of immediately sending him packing.
Now the Jamaican-born deportee-turned-refugee-turned-fugitive is once again in custody after he was busted by Toronto cops for allegedly pimping a 16-year-old girl.
“Any way you slice it, it’s not acceptable,” Mike Patton, a spokesman for Public Safety Minister Vic Toews, said Thursday.
He said Steer’s case highlights some of the serious problems the federal government is intent on fixing.
“The minister wants to see this stuff addressed,” Patton said, adding his boss is “in discussions” with the IRB, CBSA and others involved in an effort to plug the holes that allow for such abuses.
But it’s easier said than done, he said, explaining officials have to “be careful” not to make changes based on “a few weird exceptions.”
“You want to have a good, fair process,” Patton said.
Steer’s life of crime dates back to 1993, just months after he immigrated to Canada with a parent as a sponsor. By 1999, he had so many convictions for assault, theft, fraud and other offences that he was booted out of the country.
But Steer snuck back into Canada in 2000, presumably using a different name. He filed for refugee status, claiming he would be killed if he returned to Jamaica.
The IRB granted Steer refugee status in 2003.
By 2006, he had amassed a whopping 76 criminal convictions and was once again facing deportation.
Steer was set free while he fought to stay in the country.
The IRB couldn’t be reached, so the conditions of his release are unclear.
Steer surfaced again when he was arrested in 2010. He remained in custody until last April, when he was once again ordered to leave the country and then promptly set free to await deportation.
Steer disappeared again until Tuesday, when he was arrested by Toronto cops and slapped with a slew of new charges for allegedly attempting to convince a young teen to become a prostitute.
“The IRB must release deportees unless there is a profound reason to keep them in custody,” Patton said.
He said deportees are typically set free with instructions to report for deportation on a specified date and “most people comply.”
It’s also not uncommon for deportees to return and claim refugee status, he said. And even though they’ve already been deported, their claims must be heard at the taxpayers’ expense, again, before they can be booted out, again.
“They are entitled to due process each and every time,” Patton said.
The case below comes on the heels of an earlier decision in the release of another convicted serious foreign criminal (Guzman) just one week ago. These are not "run of the mill" cases, bu tare becoming all too common: career criminals with multiple convictions who have evaded capture after being ordered deported are being routinely released by immigration adjudicators and members of the Immigration and refugee Board. What is going on? Is there a bureaucratic "revolt" against keeping these unsavoury characters who pose a significant danger to society in custody? The articles talk about 'due process" of law, and that is a cardinal principle of our justice system, but that does not mean that a person has a right to roam the streets if they have already been ordered deported. Many individuals are kept in custody for lesser offences. So why are these high crime, high risk individuals being released? Is that a political statement? What would it take for Canada to wake up to this ridiculous system? A tragedy? How much misplaced "compassion" does Canada need to show to those who enter Canada under false pretences and commit multiple violent crimes? Or is it stupidity? Why are people with a DUI or a simple drug possession charge who try to come to Canada for business purposes from the US not allowed to enter, while a career criminal with multiple violent convictions remains at large? Have we lost our moral compass? Time for common sense to prevail.
Career criminal sign of flawed immigration system Toronto & GTA News Toronto Sun
Career criminal sign of flawed immigration system
By Chris Doucette ,Toronto Sun
First posted: Thursday, September 01, 2011 07:28 PM EDT Updated: Thursday, September 01, 2011 07:41 PM EDT
TORONTO - Walford Uriah Steer, one of the latest fugitives wanted by the Canada Border Services Agency to be rounded up, has been steering his way through the country’s flawed immigration system for more than a decade.
The 39-year-old career criminal has been ordered deported twice, re-entered the country illegally and been dubbed a “danger” to society. But the Immigration and Refugee Board still released him out onto the street for the fourth time in April instead of immediately sending him packing.
Now the Jamaican-born deportee-turned-refugee-turned-fugitive is once again in custody after he was busted by Toronto cops for allegedly pimping a 16-year-old girl.
“Any way you slice it, it’s not acceptable,” Mike Patton, a spokesman for Public Safety Minister Vic Toews, said Thursday.
He said Steer’s case highlights some of the serious problems the federal government is intent on fixing.
“The minister wants to see this stuff addressed,” Patton said, adding his boss is “in discussions” with the IRB, CBSA and others involved in an effort to plug the holes that allow for such abuses.
But it’s easier said than done, he said, explaining officials have to “be careful” not to make changes based on “a few weird exceptions.”
“You want to have a good, fair process,” Patton said.
Steer’s life of crime dates back to 1993, just months after he immigrated to Canada with a parent as a sponsor. By 1999, he had so many convictions for assault, theft, fraud and other offences that he was booted out of the country.
But Steer snuck back into Canada in 2000, presumably using a different name. He filed for refugee status, claiming he would be killed if he returned to Jamaica.
The IRB granted Steer refugee status in 2003.
By 2006, he had amassed a whopping 76 criminal convictions and was once again facing deportation.
Steer was set free while he fought to stay in the country.
The IRB couldn’t be reached, so the conditions of his release are unclear.
Steer surfaced again when he was arrested in 2010. He remained in custody until last April, when he was once again ordered to leave the country and then promptly set free to await deportation.
Steer disappeared again until Tuesday, when he was arrested by Toronto cops and slapped with a slew of new charges for allegedly attempting to convince a young teen to become a prostitute.
“The IRB must release deportees unless there is a profound reason to keep them in custody,” Patton said.
He said deportees are typically set free with instructions to report for deportation on a specified date and “most people comply.”
It’s also not uncommon for deportees to return and claim refugee status, he said. And even though they’ve already been deported, their claims must be heard at the taxpayers’ expense, again, before they can be booted out, again.
“They are entitled to due process each and every time,” Patton said.
Thursday, September 1, 2011
NEW STUDY ARGUES FOR FEWER IMMIGRANTS IN TOUGH ECONOMIC TIMES
Let in fewer immigrants in tough times: study
Let in fewer immigrants in tough times: study
Adrian Humphreys, National Post · Sept. 1, 2011 Last Updated: Sept. 1, 2011 2:02 AM ET
Canada should reduce immigration during deep economic recession, say the authors of a detailed analysis of the earnings of immigrants over their first 10 years in the country that also touts the benefits of selecting newcomers based on earning potential.
Canada should emphasize skill-assessed immigrants because their earning power "consistently and substantially" outperformed other classes of newcomers, the study says.
Written by two Queen's University professors and released by the Canadian Labour Market and Skills Researcher Network Wednesday, the study calls on policymakers to look closely at how rapidly immigrants are integrating into the Canadian labour market as the wage gap between immigrants and Canadian-born workers widens.
"In setting immigration policy ... it is important to know how well immigrants in these different admission categories have done, and which have produced better earnings outcomes," say authors Charles Beach, professor of economics, and Michael Abbott, associate professor of economics.
They assessed the annual earnings over 10 years of immigrants who arrived in three different years: 1982, 1988 and 1994. Immigrants enter Canada under different admission categories, each addressing a different objective, both altruistic and selfish - providing labour to help the economy, promoting family welfare through reunification and offering safe haven from war, persecution or natural disaster.
Across all of the landing cohorts, skill-assessed economic immigrants exceeded the average median earnings levels for all immigrants by 30% to 37% for men and by 39% to 56% for women, the authors found.
Refugees showed the highest earnings growth rates, however, while those who arrive for reasons of family reunification had the lowest.
The study shows recessions have major negative effects on immigrants' earnings levels, particularly men. The impact is seen by comparing immigrants arriving in 1988, which faced the early 1990s recession soon after settling, with those arriving in 1994, during the economic recovery. Regardless of which class the immigrant was admitted under, in troubled times, their earnings growth was lower.
"These results reflect on two aspects of Canadian immigration policy," the authors say. "First, since skill-assessed, independent economic immigrants had substantially higher earnings levels throughout their first 10 post-landing years, Canada should continue to place heavy weight on skillassessed immigrants.
"Recession appears to have had very marked and long-lasting scarring effects on the real earnings of immigrants," the authors say. "Perhaps thought should be given to ways to reduce total immigrant admission levels when severe recessions hit."
The report confirms what many have long suspected, said Sergio Karas, a Toronto immigration lawyer. "Immigrants who come to Canada with prearranged employment become better integrated and more easily established than those in other immigration categories," he said.
"The federal government and the provinces must give top priority to address the looming skilled-worker shortage and the entrepreneurial innovation deficit that threaten Canada's economic future rather than wasting funds on programs that cater to politically driven goals. There is no point in bringing immigrants to Canada if they will be unable to find jobs," Mr. Karas said.
The Canadian Council for Refugees, however, cautioned against assessing immigration to Canada only in dollars and cents. The different categories have differing goals.
"You can't measure the success of the family reunification program by assessing their rates of earnings," said Janet Dench, the council's executive director. "We don't protect refugees because we think it will be good for the economy - we do it to protect them from persecution."
Let in fewer immigrants in tough times: study
Adrian Humphreys, National Post · Sept. 1, 2011 Last Updated: Sept. 1, 2011 2:02 AM ET
Canada should reduce immigration during deep economic recession, say the authors of a detailed analysis of the earnings of immigrants over their first 10 years in the country that also touts the benefits of selecting newcomers based on earning potential.
Canada should emphasize skill-assessed immigrants because their earning power "consistently and substantially" outperformed other classes of newcomers, the study says.
Written by two Queen's University professors and released by the Canadian Labour Market and Skills Researcher Network Wednesday, the study calls on policymakers to look closely at how rapidly immigrants are integrating into the Canadian labour market as the wage gap between immigrants and Canadian-born workers widens.
"In setting immigration policy ... it is important to know how well immigrants in these different admission categories have done, and which have produced better earnings outcomes," say authors Charles Beach, professor of economics, and Michael Abbott, associate professor of economics.
They assessed the annual earnings over 10 years of immigrants who arrived in three different years: 1982, 1988 and 1994. Immigrants enter Canada under different admission categories, each addressing a different objective, both altruistic and selfish - providing labour to help the economy, promoting family welfare through reunification and offering safe haven from war, persecution or natural disaster.
Across all of the landing cohorts, skill-assessed economic immigrants exceeded the average median earnings levels for all immigrants by 30% to 37% for men and by 39% to 56% for women, the authors found.
Refugees showed the highest earnings growth rates, however, while those who arrive for reasons of family reunification had the lowest.
The study shows recessions have major negative effects on immigrants' earnings levels, particularly men. The impact is seen by comparing immigrants arriving in 1988, which faced the early 1990s recession soon after settling, with those arriving in 1994, during the economic recovery. Regardless of which class the immigrant was admitted under, in troubled times, their earnings growth was lower.
"These results reflect on two aspects of Canadian immigration policy," the authors say. "First, since skill-assessed, independent economic immigrants had substantially higher earnings levels throughout their first 10 post-landing years, Canada should continue to place heavy weight on skillassessed immigrants.
"Recession appears to have had very marked and long-lasting scarring effects on the real earnings of immigrants," the authors say. "Perhaps thought should be given to ways to reduce total immigrant admission levels when severe recessions hit."
The report confirms what many have long suspected, said Sergio Karas, a Toronto immigration lawyer. "Immigrants who come to Canada with prearranged employment become better integrated and more easily established than those in other immigration categories," he said.
"The federal government and the provinces must give top priority to address the looming skilled-worker shortage and the entrepreneurial innovation deficit that threaten Canada's economic future rather than wasting funds on programs that cater to politically driven goals. There is no point in bringing immigrants to Canada if they will be unable to find jobs," Mr. Karas said.
The Canadian Council for Refugees, however, cautioned against assessing immigration to Canada only in dollars and cents. The different categories have differing goals.
"You can't measure the success of the family reunification program by assessing their rates of earnings," said Janet Dench, the council's executive director. "We don't protect refugees because we think it will be good for the economy - we do it to protect them from persecution."
RECESSIONS HIT IMMIGRANTS HARD, ALLOW MORE SKILLED WORKERS: SERGIO R. KARAS SAYS IN TODAY'S NATIONAL POST
I was quoted in today's front page story in the National Post on a nw study just released on immigrant economic integration.
Let in fewer immigrants in tough times: study
Let in fewer immigrants in tough times: study
Adrian Humphreys, National Post · Sept. 1, 2011 Last Updated: Sept. 1, 2011 2:02 AM ET
Canada should reduce immigration during deep economic recession, say the authors of a detailed analysis of the earnings of immigrants over their first 10 years in the country that also touts the benefits of selecting newcomers based on earning potential.
Canada should emphasize skill-assessed immigrants because their earning power "consistently and substantially" outperformed other classes of newcomers, the study says.
Written by two Queen's University professors and released by the Canadian Labour Market and Skills Researcher Network Wednesday, the study calls on policymakers to look closely at how rapidly immigrants are integrating into the Canadian labour market as the wage gap between immigrants and Canadian-born workers widens.
"In setting immigration policy ... it is important to know how well immigrants in these different admission categories have done, and which have produced better earnings outcomes," say authors Charles Beach, professor of economics, and Michael Abbott, associate professor of economics.
They assessed the annual earnings over 10 years of immigrants who arrived in three different years: 1982, 1988 and 1994. Immigrants enter Canada under different admission categories, each addressing a different objective, both altruistic and selfish - providing labour to help the economy, promoting family welfare through reunification and offering safe haven from war, persecution or natural disaster.
Across all of the landing cohorts, skill-assessed economic immigrants exceeded the average median earnings levels for all immigrants by 30% to 37% for men and by 39% to 56% for women, the authors found.
Refugees showed the highest earnings growth rates, however, while those who arrive for reasons of family reunification had the lowest.
The study shows recessions have major negative effects on immigrants' earnings levels, particularly men. The impact is seen by comparing immigrants arriving in 1988, which faced the early 1990s recession soon after settling, with those arriving in 1994, during the economic recovery. Regardless of which class the immigrant was admitted under, in troubled times, their earnings growth was lower.
"These results reflect on two aspects of Canadian immigration policy," the authors say. "First, since skill-assessed, independent economic immigrants had substantially higher earnings levels throughout their first 10 post-landing years, Canada should continue to place heavy weight on skillassessed immigrants.
"Recession appears to have had very marked and long-lasting scarring effects on the real earnings of immigrants," the authors say. "Perhaps thought should be given to ways to reduce total immigrant admission levels when severe recessions hit."
The report confirms what many have long suspected, said Sergio Karas, a Toronto immigration lawyer. "Immigrants who come to Canada with prearranged employment become better integrated and more easily established than those in other immigration categories," he said.
"The federal government and the provinces must give top priority to address the looming skilled-worker shortage and the entrepreneurial innovation deficit that threaten Canada's economic future rather than wasting funds on programs that cater to politically driven goals. There is no point in bringing immigrants to Canada if they will be unable to find jobs," Mr. Karas said.
The Canadian Council for Refugees, however, cautioned against assessing immigration to Canada only in dollars and cents. The different categories have differing goals.
"You can't measure the success of the family reunification program by assessing their rates of earnings," said Janet Dench, the council's executive director. "We don't protect refugees because we think it will be good for the economy - we do it to protect them from persecution."
Let in fewer immigrants in tough times: study
Let in fewer immigrants in tough times: study
Adrian Humphreys, National Post · Sept. 1, 2011 Last Updated: Sept. 1, 2011 2:02 AM ET
Canada should reduce immigration during deep economic recession, say the authors of a detailed analysis of the earnings of immigrants over their first 10 years in the country that also touts the benefits of selecting newcomers based on earning potential.
Canada should emphasize skill-assessed immigrants because their earning power "consistently and substantially" outperformed other classes of newcomers, the study says.
Written by two Queen's University professors and released by the Canadian Labour Market and Skills Researcher Network Wednesday, the study calls on policymakers to look closely at how rapidly immigrants are integrating into the Canadian labour market as the wage gap between immigrants and Canadian-born workers widens.
"In setting immigration policy ... it is important to know how well immigrants in these different admission categories have done, and which have produced better earnings outcomes," say authors Charles Beach, professor of economics, and Michael Abbott, associate professor of economics.
They assessed the annual earnings over 10 years of immigrants who arrived in three different years: 1982, 1988 and 1994. Immigrants enter Canada under different admission categories, each addressing a different objective, both altruistic and selfish - providing labour to help the economy, promoting family welfare through reunification and offering safe haven from war, persecution or natural disaster.
Across all of the landing cohorts, skill-assessed economic immigrants exceeded the average median earnings levels for all immigrants by 30% to 37% for men and by 39% to 56% for women, the authors found.
Refugees showed the highest earnings growth rates, however, while those who arrive for reasons of family reunification had the lowest.
The study shows recessions have major negative effects on immigrants' earnings levels, particularly men. The impact is seen by comparing immigrants arriving in 1988, which faced the early 1990s recession soon after settling, with those arriving in 1994, during the economic recovery. Regardless of which class the immigrant was admitted under, in troubled times, their earnings growth was lower.
"These results reflect on two aspects of Canadian immigration policy," the authors say. "First, since skill-assessed, independent economic immigrants had substantially higher earnings levels throughout their first 10 post-landing years, Canada should continue to place heavy weight on skillassessed immigrants.
"Recession appears to have had very marked and long-lasting scarring effects on the real earnings of immigrants," the authors say. "Perhaps thought should be given to ways to reduce total immigrant admission levels when severe recessions hit."
The report confirms what many have long suspected, said Sergio Karas, a Toronto immigration lawyer. "Immigrants who come to Canada with prearranged employment become better integrated and more easily established than those in other immigration categories," he said.
"The federal government and the provinces must give top priority to address the looming skilled-worker shortage and the entrepreneurial innovation deficit that threaten Canada's economic future rather than wasting funds on programs that cater to politically driven goals. There is no point in bringing immigrants to Canada if they will be unable to find jobs," Mr. Karas said.
The Canadian Council for Refugees, however, cautioned against assessing immigration to Canada only in dollars and cents. The different categories have differing goals.
"You can't measure the success of the family reunification program by assessing their rates of earnings," said Janet Dench, the council's executive director. "We don't protect refugees because we think it will be good for the economy - we do it to protect them from persecution."
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