Home -> Law Blog Directory -> International Law Blogs -> Canadian Immigration Blawg

International Law

: Canadian Immigration Blawg

Criminal prosecution under the IRPA

By immlawyer

On Wednesday I was at a Calgary bar association event where I jokingly assured a provincial court judge that in all likelihood I would never appear before him or the provincial court. Lo and behold this morning I was before that same judge in courtroom 505. Little did I know on Wednesday that I would need to attempt an interim judicial review otherwise known as a bail hearing because the CBSA pressed criminal charges under s 122 of the act which allows the government to lay criminal charges against those that use false documents in Canada. This would be most refugee claimants that don't travel to Canada legally. My client is a former refugee who was deported last year to his country of nationality wher he was promptly shot. He returned to Canada using a false Mexican passport. Its disturbing because of article 31 of the UN convention and s 133 of the IRPA which prohibits prosecution of refugees for illegal travel. I know my client is no longer a refugee but an application to reopen is possible which would by operation of 133 render prosecution under 122 nugatory. In any event, my reading of 122 and 133 means that many individuals could face prosecution. For example, I have a refugee claimant who wishes to withdraw her refugee claim and submit a in canada spousal sponsorship instead. She also travelled to canada on false documents. Theoretically, CBSA could utilize s 122 and seek a jail term of 5 years. Scary. Sent from my BlackBerry® wireless device

Full post as published by Canadian Immigration Blawg on November 07, 2008 (boomark / email).