David Irving: 1992 Canadian Immigration
Analysis:
As for the issue of what you understood your obligation to
be with respect to the procedure for confirming your
departure from Canada, you were, I would suggest, in
somewhat of a different position than a tourist for example.
You were a person who had been found at a quasi-judicial
proceeding to be in violation of the Immigration Act for the
manner in which you had originally gained entry.
Even prior to this you had been informed in writing by
Canadian Immigration authorities that you were probably
inadmissible. Given this situation, you could have become
the subject of a deportation order following your original
inquiry but were granted a departure notice, presumably upon
your commitment to the adjudicator to leave Canada by a
certain date.
Thus the state had an interest in knowing that you had
departed Canada and to that end you were provided with
instructions as to the procedures to be followed. In that
regard it should be noted that a departure notice holder who
fails to confirm departure is, administratively at least,
presumed to have remained in Canada and may become the
subject of a warrant of arrest. Thus you were not free to
simply slip across the border into the United States and
return as an ordinary tourist while ignoring the departure
notice.
You have made much to do out of the stamp which appears on
the manila envelope which has been marked as exhibit P-6 and
reads as follows:
"IMPORTANT"
"Please hand this document into Canadian Authorities at the
time of your departure from Canada. Your departure will be
verified by return of this document to the issuing office"
Contained inside this envelope was exhibit C-4, Confirmation
of Departure Form, IMM56. This form has been established by
the .Minister of Employment and Immigration to confirm a
persons departure from Canada. It is the same form issued to
persons under a removal order.
You testified that you did not hand this document into
immigration authorities when you departed at Blaine on
October 30, 1992 because you had agreed with immigration
officials in Vancouver to hand the document to officials at
the Rainbow Bridge in Niagara Falls where you had announced
you would be leaving Canada.
You claim that because the stamp on the manila envelope says
"please hand this document into Canadian immigration
authorities" instead of "you must hand this into immigration
authorities" you did not feel obliged to confirm your
departure from Canada at Blaine, Washington on October 30,
1992.
I have a great deal of difficulty accepting this explanation
of your conduct. Your case has generated alot of interest
and given its high profile at the time is it not reasonable
that immigration officials would go to great lengths to
ensure that you were fully aware of your obligations of
complying with the departure notice and the importance of
confirming your departure.
Mr. Murray Wilkinson, the Case Presenting Officer at your
Vancouver inquiry made a statutory declaration (exhibit C-5)
wherein he declares that at the conclusion of your inquiry
he spoke to you about the procedures necessary to confirm
your departure from Canada at the Place where you left
Canada. There is no mention of a deal to have you confirm
your departure in Niagara Falls.
Why would immigration officials care where you left Canada
as long as you complied with the departure notice and
confirmed your departure? It was your decision and yours
alone to depart through the Niagara area just minutes before
your departure notice was due to expire. You had to have
realized that the adjudicator did not include or intend an
interim departure/reentry provision as a term of your
departure notice and that you had to confirm your departure
immediately upon leaving Canada.
The evidence with respect to an October 30, 1992 trip to the
state of Washington consists of the testimony of yourself
and Brian Fisher as well as the telephone record from Mr.
Fisher's residence (exhibit P-9). Consequently we are
talking here of an event that would have taken place less
than two weeks ago.
The
original plaintext version
of this file is available via
ftp.
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Adjudication Tribunal Report