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Former refugee board judge charged in alleged fraud
RCMP claims group sought $8,000-$15,000 from immigrant applicants
Kevin Dougherty
The Montreal Gazette
Friday, March 19, 2004
QUEBEC - A former judge with the Immigration and Refugee Board was among
11 people charged yesterday with offering immigrants and refugees positive
judgments in exchange for cash.
Yves Bourbonnais and 10 others face a total of 278 charges after a 31/2-year
RCMP investigation uncovered an alleged scheme to get between $8,000 and
$15,000 from immigrant applicants.
"The accused individuals are alleged to be part of a very well-structured
criminal organization," said Staff Sgt. Sergio Pasin of the RCMP
in Ottawa, who was the lead investigator in an operation involving Mounties
in Ottawa and Montreal.
Mr. Bourbonnais -- who was a board judge until recently, hearing cases
in Montreal and in Ottawa -- faces 98 charges, including 36 counts of
defrauding the government.
He is also charged with 18 counts each of breach of trust, obstructing
justice and conspiracy to obstruct justice, four firearms offences, additional
fraud charges and one charge of forging a Canadian passport.
"Forging a Canadian passport? ... "It's a pretty sad thing,"
said Janet Dench of the Canadian Council of Refugees.
Ms. Dench noted immigration and refugee claimants who have had brushes
with the law, and who often don't know their rights, face zero tolerance
from board judges who may themselves have spotty records.
While Prime Minister Paul Martin's commitment to end patronage appointments
of refugee board judges is commendable, Ms. Dench wondered how firm that
commitment is. She noted the minister still has the final say in nominations.
Mr. Bourbonnais, 62, and fellow judge Roberto Colaveccio were suspended
with pay in October 2001, a year after the investigation began.
Mr. Colaveccio, who gave $3,000 to the Quebec Liberal party in 2003 and
has ties to former Quebec MP Alfonso Gagliano, was not charged.
But, Sgt. Jocelyn Mimeault of the RCMP in Ottawa said the investigation
is continuing and there could be more charges.
"We don't rule out further charges," Sgt. Mimeault said, adding
the investigation found that between 50 and 60 individuals facing refugee
board hearings had been contacted and offered favourable judgments in
exchange for money.
In some cases, those charged were involved in smuggling people into Canada
and forging documents, Sgt. Mimeault said.
Mr. Bourbonnais was named to the board in 1996 by then-immigration minister
Lucienne Robillard. His term was renewed in October 2000, after the investigation
began, for another three years.
The appointments of Mr. Bourbonnais and Mr. Colaveccio ended last year.
A Gazette investigation in 2001 determined that Mr. Bourbonnais, a former
lawyer with the Quebec justice department, lost that job after he was
convicted of breach of trust for selling furniture from two courthouses
and a prosecutor's office in 1988. Mr. Bourbonnais was granted a pardon
before he was named a refugee board judge.
The investigation also found that 32 of 58 refugee board appointees had
ties to the federal or Quebec Liberal parties, and were often defeated
candidates or relatives of Liberal office holders.
The RCMP investigation began in September 2000 when Ottawa immigration
lawyer David Morris told the Mounties that his client, a man with a criminal
record for drug trafficking, had been approached by someone seeking a
bribe in return for a decision by Mr. Bourbonnais to stay his deportation.
The immigrant, Fares Hamze, became an RCMP agent and at least three other
immigrants filed complaints, according to a sworn RCMP affidavit. The
affidavit also said the criminal organization targeted immigrants from
East Indian, Arabic and Italian communities in Montreal and Ottawa well
as the Asian community in Ottawa.The accused will appear in court in Montreal
May 12.
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