Saturday, September 19, 2009

The IRB : A Fair Institution ?

"The Immigration and Refugee Board of Canada (IRB) is Canada's largest independent administrative tribunal. It is responsible for making well-reasoned decisions on immigration and refugee matters, efficiently, fairly and in accordance with the law." (from the IRB Site)

is that true ? are you sure ? let's see the example of the judge Yves Bourbonnais :


For his leading role in a bribery scheme that targeted cases he was slated to hear, former Immigration and Refugee Board appeals division judge Yves Bourbonnais was sentenced yesterday to six years in prison.
"You have dishonoured yourself acting that way," Quebec Superior Court Justice James Brunton said.
Bourbonnais, a lawyer, had also dishonoured his profession, his position as an IRB member and "the immigration system in this country," Brunton said.
Bourbonnais, 64, faced nearly 100 charges - including defrauding the government and breach of trust - after being charged in 2004 along with 10 others following a lengthy RCMP investigation.
Yesterday, his steady voice became softer as he uttered "guilty" over and over again - 30 times in all.
Bourbonnais pleaded guilty to 15 counts of obstruction of justice and 15 counts of conspiracy to obstruct justice in the influence-peddling scandal.
The charges involved 15 people who were in a "desperate situation," crown prosecutor Lucio Garcia said.
They were either facing deportation for criminal activity or had been turned down in their attempt to sponsor a relative to come to Canada.
Garcia told the court how the kickback scheme operated: Bourbonnais, who was appointed to the IRB in 1996, passed on information to two accomplices - his tailor, Franco Macaluso, and restaurateur Bill Wong - about cases that would be coming before him. They, in turn, contacted other accomplices who approached the people to offer them a favourable decision at their appeal in exchange for money.
Garcia called Bourbonnais "the most important player."
"The only person who could change those decisions ... was Mr. Yves Bourbonnais."
Six of the 15 people approached forked over $33,600 in total. It wasn't possible to calculate how much Bourbonnais received, although he assuredly got a cut each time someone paid money, Garcia said.
In some cases, they asked for $10,000 or $15,000, Garcia told reporters afterward. Some paid $6,000 and $2,000. "But that was the range asked of these people."
Two or three people faced deportation because of serious crimes or a criminal record, Garcia said outside court. In those instances, others had already deemed they posed a danger to Canadian society, he said. And in certain cases, Bourbonnais intervened to stay the deportation orders and they were able to remain in Canada, Garcia added. (Two men with criminal records who received a reprieve on their deportation orders insisted they never forked over money.)
Garcia said he didn't know whether the people in these cases are still in Canada.
The evidence presented in court showed one man who had received a 66-month sentence for drug trafficking in 1999 was approached by Nirmal Singh after appealing a deportation order. The man, whose lawyer had contacted the RCMP, gave Singh $12,000 supplied by the Mounties.
In March 2001, Bourbonnais ordered a stay of his deportation for a five-year period.
"In light of (yesterday's) developments, the IRB will review the information that is now available to determine what actions, if any, are required," said Serge Arsenault, an IRB spokesperson in Montreal.

Source : The Gazette

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