David Irving

9543-8079

The issue is whether or not you are a Canadian citizen or a permanent resident and if not, whether you are a person described in paragraph 27(2)(i) of the Immigration Act.

Paragraph 27(2)(i) reads as follows:

"......that a person In Canada, other than a Canadian citizen or permanent resident, is a person who has not left Canada on or before the date specified in a departure notice that was issued to that person or. having so left Canada. has been allowed to come into Canada pursuant to paragraph 14(1)(C)."

The evidence discloses that you entered Canada as a visitor at Niagara Falls on October 26, 1992 and that you subsequently became the subject of an immigration inquiry at Vancouver, British Columbia on October 30, 1992. As a result, you were issued a departure notice to leave Canada on or before midnight, November 01, 1992.

The most significant evidence to come out of this inquiry which is the centre of dispute between yourself and immigration officials, is your assertion that you left Canada on October 30, 1992 at Blaine, Washington and reentered Canada later that same day.

This purported departure is pivotal, since if it is factually accurate, it would mean that the action taken against you by immigration officials in Niagara Falls on November 01, 1992 was based on erroneous facts; namely, that you were a person attempting to leave Canada pursuant to a yet unexecuted departure notice.

If, as you claim, you did in fact depart and then reenter Canada at the Washington/B.C. border crossing then it might be said that you had already satisfied the terms of your departure notice and therefore could not be a person referred to in paragraph 14(1)(C) of the Act. However, the question as to whether you did or did not leave is an issue of fact for this tribunal to determine.

The evidence discloses that at the conclusion of your inquiry in Vancouver on October 30, 1992 you were approached by Mr. Brian Fisher, a Canadian citizen, who resides in the United States. You claim Mr. Fisher sought you out in order to have you counter sign fifty lithographs which had been executed by the notorious Konard Kujau who is known for the infamous forgery of the Adolph Hitler diaries.

You testified Mr. Fisher is a collector of memorabilia and had acquired these sets at a considerable expense. Mr. Kujau had pencilled his signature on the prints and Mr. Fisher wanted your signature on them as well. You agreed to do Mr. Fisher this favour in return for his help in gathering your personal effects from Vancouver Island. He agreed to drive you to the Island and back, in return you agreed to go to his home in Ferndale, Washington State to sign the lithographs.

You testified that you left the mainland at 2:00pm and upon your arrival in Victoria you gathered your belongings and consulted with your lawyer. You left Vancouver Island on the 8:00pm ferry arriving on the mainland at 9:4Opm. You drove directly down route 99 to the United States border at Blaine, Washington crossing between 10:15 and 10:30pm. Mr. Fisher presented both of your passports to an United States Immigration Officer who, upon looking at your document, made a comment concerning your name which you felt was off colour. No stamp was placed in your passport and you were granted entry.

You proceeded to Mr. Fishers home in Ferndale, a community located a short distance from Blaine. You arrived at Mr. Fishers home shortly before 11:00pm. where you were met by Helga Ashton whom you describe as Mr. Fishers ladyfriend. She offered you a beer and you watched the Canadian news on television where you saw film coverage of yourself outside the courthouse in Vancouver earlier in the day driving away with Mr. Fisher in his car.

You placed three telephone calls while at this residence. The first telephone call was to the residence of Mr. Heinz Koppe, your Vancouver area organizer. You testified that there was no answer.

This caused you concern and you were worried that the Koppe family may have already gone to bed and you would therefore not be able to collect the boxes of books you had stored there. You then called the Koppe home minutes later and Sandra Koppe answered the telephone. You testified that this was at 11:15pm.

You also placed a telephone call to Mr. Paul Norris, an associate in Toronto in order to cancel some speaking engagements in the Ottawa area and to advise him of your desire to concentrate your efforts in Toronto. You then signed the fifty lithographs and departed Mr. Fishers residence at 11:20 pm.

Mr. Fisher drove you back to Canada and you appeared at the Canadian border at 11:25 or 11:30pm. You claim Mr. Fisher presented both of your passports to a Canadian officer who looked at the documents and handed them back without question or comment.

You then proceeded into Canada where you met with Sandra Koppe at an exit off the highway. She guided you and Mr. Fisher to their family home where you stayed until 1:00am. You then went to the Delta hotel near the airport and departed to Toronto on a 8:00am flight.

On November 01, 1992 you travelled by auto to the United States border at Niagara Falls. At 23:20 hours you were refused admission and returned to Canada.

You were interviewed by a Canadian immigration officer, who upon learning of the earlier departure notice, allowed you to come into Canada pursuant to paragraph 14(1)(C) of the Immigration Act then arrested you. Immigration authorities now contend that you did not, at any time in fact, physically leave Canada until this attempted entry to the United States at Niagara.

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