An Edmonton man has been charged with committing marriage fraud and faces a potential sentence of 5 years in jail or a $100,000 fine. It is alleged that Gilbert Leland Platts entered into an arrangement (a 'marriage of convenience') to assist a foreign national in getting status in this country. I discussed this case on Alberta Primetime:
I have written and discussed the problem of marriage fraud in this country. We've assisted both the alleged perpetrator and the victim of marriage fraud.
In many cases, marriage is the fastest (and perhaps only way) for some foreign nationals to get status in Canada. Citizenship and Immigration Canada, mainly under the direction of former Minister Jason Kenney, has made strides in addressing this matter. However, I would characterize enforcement as too little and too late.
Under the aim of strengthening Canada’s immigration system and preventing the victimization of innocent Canadians[1], the Canadian government, Citizenship and Immigration Canada (“CIC”), and former Citizenship and Immigration Minister Jason Kenney, have recently crusaded for a massive crackdown on cases of what has been termed marriage fraud. As described on the CIC website under the headline “Marriage Fraud”:
“It is a crime for a foreign national to marry a Canadian citizen or permanent resident only to gain entry to Canada. CIC is working to prevent these false marriages. In many cases, sponsors and foreign applicants set up a “marriage of convenience.” This is a marriage or common-law relationship whose sole purpose is to let the sponsored spouse or partner immigrate to Canada.”[2]
The CIC website further states that Canadian citizens or permanent residents who are in a marriage of convenience for immigration reasons may be charged with a crime or deported from Canada.[3] CIC states it is working with its partners including the Canada Border Services Agency (“CBSA”), Passport Canada and the Royal Canadian Mounted Police to “crackdown on immigration fraud”.[4]
Further to this end, the government introduced new regulations in 2012, amending the Regulations[5] specifically to combat and pre-empt incidences of marriage fraud. These include:
- i. provisions that require co-habitation with the sponsor for a continuous period of two years[6]; and
- ii. prohibiting sponsored spouses from sponsoring a new spouse for five years following the date they become a permanent resident.[7]
Postings, news releases and videos on CIC’s site advertise that marriage fraud will no longer be tolerated. These articles highlight the new regulations in place to deter marriage fraud, as well as the consequences for perpetrators of marriage fraud. The penalties include imprisonment, fines and deportation. These include:
- “Marriage Fraud”- CIC website
- “Protect Yourself from Fraud”- CIC website
- “Marriage Fraud: Stories from victims” video
- "Marriage Fraud: New Consequences” video
- “The Jig is Up on Marriage Fraud”, says Minister Kenney dated October 26, 2012;
- “Minister Kenney introduces sponsorship restriction to address marriage fraud” dated March 2, 2012.
- “Conditional permanent residence proposed to deter marriages of convenience” dated March 9, 2012.
Further, Minister Kenney has made it abundantly clear that the government is taking action and has advocated strongly as to the Canadian government’s tough stance on marriage fraud. For example:
“There are countless cases of marriage fraud across the country,” said Citizenship, Immigration and Multiculturalism Minister Jason Kenney. “I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system. Sometimes the sponsor in Canada is being duped and sometimes it's a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.”[8]
“I held town hall meetings across the country to hear from victims of marriage fraud,” said Minister Kenney. “In addition to the heartbreak and pain that came from being lied to and deceived, these people were angry. They felt they had been used as a way to get to Canada. We’re taking action because immigration to Canada should not be built upon deceit.”[9]
“Many of the people who took part in the consultations made it abundantly clear that marriage fraud poses a significant threat to our immigration system,” added Minister Kenney. “Our government has listened to the victims of marriage fraud and all Canadians, and acted to crack down on those who engage in fraud and abuse Canadians’ generosity and our immigration system.”[10]
“Canadians are generous and welcoming, but they have no tolerance for fraudsters who lie and cheat to jump the queue,” said Minister Kenney. “This measure will help strengthen the integrity of our immigration system and prevent the victimization of innocent Canadians.”[11]
Given all the pontificating the Respondent has done regarding marriage fraud, Canadians affected by it have a legitimate expectation that the problem will be addressed.
However, there have only been charges laid in 10 cases throughout the country; 6 have resulted in convictions; one 1 has now been charged in this Province.
The government shouldn't be able to point to this one case and pat themselves on their back; there are, in the words of Jason Kenney himself, countless cases of marriage fraud. We have gone to the Federal Court to force the government to take action where our clients have been the victim of marriage fraud, only to find the government defending the inaction of its officers.
[1] Citizenship and Immigration Canada website, "The Jig is Up on Marriage Fraud" Says Minister Kenney, October 26, 2012, available online at: http://www.cic.gc.ca/english/department/media/releases/2012/2012-10-26.asp
[2] CIC Website, Protect yourself from Fraud, available online at: http://www.cic.gc.ca/english/inFORMation/protection/fraud/index.asp
[3] ibid
[4] ibid
[5] SOR/2002-227
[6] Regulations 72.1-72.4 of the Regulations
[7] Regulation 130 of the Regulations
[8] The Jig is Up on Marriage Fraud" Says Minister Kenney, supra note 16
[9] Citizenship and Immigration Canada website , Minister Kenney introduces sponsorship restriction to address marriage fraud, March 02, 2012, available online at: http://www.cic.gc.ca/english/department/media/releases/2012/2012-03-02.asp
[10] ibid
[11] The Jig is Up on Marriage Fraud" Says Minister Kenney, supra note 16
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