Blatant lying loses family its citizenship — but earns them a $63K bill from Canadian government
2014/07/30 2 Comments
Further to my article Overstating “Fraud” – New Canadian Media, an example of particularly egregious misrepresentation (polite term for lying) about residency:
Ottawa has stripped a Lebanese family of their Canadian citizenships — and handed them a $63,000 bill — after they were caught blatantly lying about living in Canada, part of a government crackdown on bogus citizens that could extend to thousands of cases.
The family — a father, mother and their two daughters — signed citizenship forms claiming they lived in Canada for almost all of the previous four years when they really lived in the United Arab Emirates, a fact even posted online in the daughters’ public résumés on LinkedIn.
The bold nature of the fabrications — that successfully won them citizenship in 2008 and 2009 — and their attempts to fight Ottawa’s decision brought rebuke from both the government and the Federal Court of Canada: not only have their citizenships been revoked, but they have been ordered to pay all of the government’s $63,442 in legal bills.
It is a punishment historically associated with only the most egregious cases, usually accused Nazi war criminals who hid their involvement in atrocities when fleeing to Canada after the Second World War.
This case is only the beginning. The RCMP has targeted about 11,000 people from more than 100 countries suspected of fraud by misrepresenting their residency in Canada.
RCMP identified more than 3,000 citizens and 5,000 permanent residents under suspicion in ongoing large-scale fraud investigations. Most are residency claims like in this case.After questions from officials, nearly 2,000 other people have withdrawn their applications, said Nancy Caron, spokeswoman for the Ministry of Citizenship and Immigration.
A few points to note:
- If I am correct, it is the same Judge McTavish that threw out the Government’s elimination of refugee claimant health care, partly on grounds of lack of evidence. This case shows that when the Government has sound evidence, it can successfully defend policy before the Courts;
- The new Citizenship Act makes such revocation decisions at the discretion of the Minister, not the Courts. Yet the Courts have handed the Government a significant victory;
- My estimate of fraud, based upon numbers provided (no change in this article), was a maximum of 3 percent, calculated on the unlikely assumption (CIC not providing information to the contrary) that the number of fraud investigations pertained to a single year. This case dates from 2008, suggesting that the 3,194 fraud investigations cover multiple years, reducing the percentage of fraud considerably;
- In addition to requiring the family to cover court costs (appropriate deterrent), the bigger financial risk is that the father will lose his Canadian expatriate status with his UAE employer, and the benefits that go with it. As a Lebanese national, his package will likely be significantly less. I expect he will not rush to tell his employer, however;
- In addition to Hong Kong and Chinese nationals, the breakdown of fraud investigations reveals mainly Mid-East and Pakistani nationals, likely working in the Gulf, given the incentives mentioned above; and,
- Lastly, the role of social media in exposing fraud provides another useful tool for CIC and the RCMP. I expect that some will likely be revising (i.e., scrubbing) their various profiles as a result.
It is appropriate for the Government to take a serious approach to reducing fraud and this, and likely other cases in the hopper, strengthen the Government’s case.
However, one can question whether the Government is casting the net too broadly in its review of current applications, and delaying too many applications of those following the rules, rather than focussing on the higher risk cases.
