Al-Awaid, 2015 NSPC 52 (CanLII)
Date:
2015-08-28
File number:
2264927; 2528307; 2264928; 2728332; 2264929; 2728333; 2264930; 2728334 2287805; 2728335; 2287806; 2728336; 2287807; 2728337; 2287808; 2727338 2287809; 2528302
Other citations:
364 NSR (2d) 350 — [2015] NSJ No 52 (QL)
Citation:
R. v. Al-Awaid, 2015 NSPC 52 (CanLII), <http://canlii.ca/t/gkxnf>, retrieved on 2020-03-26
IN THE PROVINCIAL COURT OF NOVA SCOTIA
Cite as: R. v. Al-Awaid, 2015 NSPC 52
Date: August 28, 2015
Docket: 2264927 2528307
2264928 2728332
2264929 2728333
2264930 2728334
2287805 2728335
2287806 2728336
2287807 2728337
2287808 2727338
2287809 2528302
Registry: Halifax
BETWEEN:
HER MAJESTY THE QUEEN
v.
HASSAN AL-AWAID
BEFORE THE HONOURABLE JUDGE ANNE S. DERRICK
HEARD: March 27, April 10, May 26, and July 16, 2015
DECISION: August 28, 2015
CHARGES: section 29(2)(a) x 10 Citizenship Act; section 126 x 8 Immigration and Refugee Protection Act
COUNSEL: Timothy McLaughlin and Ronda Vanderhoek, for the Crown
Ian Hutchison, for Hassan Al-Awaid
By the Court:
Introduction
[1] Hassan Al-Awaid has pleaded guilty to eight offences under the Immigration and Refugee Protection Act (“IRPA”) and ten offences under the Citizenship Act. The IRPA offences were all committed in the Halifax Regional Municipality over a period of years, spanning November 1, 2002 to July 2011. The Citizenship Act offences were committed in relation to three individuals in the period of February 2006 to July 2011.
[2] Mr. Al-Awaid worked as an immigration consultant. Prospective citizenship applicants and permanent residents used his services to deal with the residency requirements associated with their applications for citizenship or to maintain their Permanent Resident status. Mr. Al-Awaid assisted his clients with the preparation of the required forms for Citizenship and Immigration Canada (CIC) and obtained supporting documentation where necessary. In 2007 some suspicious documentation led to an investigation by the authorities. The investigation revealed that Mr. Al-Awaid was operating a business that assisted clients circumvent their residency requirements.
[3] The Crown proceeded by indictment against Mr. Al-Awaid. Consequently, under section 128 of IRPA, the maximum term of imprisonment is five years in prison. The Crown is seeking a three year penitentiary term for the IRPA offences. The Defence submits that a two year less a day conditional sentence is appropriate. There is a joint recommendation for a $4000 fine for the Citizenship Act offences.
[4] There are a number of mitigating factors in Mr. Al-Awaid’s case, including his serious health issues. The Crown indicates that the mitigating factors have influenced the Crown’s position on the appropriate sentence for Mr. Al-Awaid on the IRPA charges and submits that any mitigatory effect of various factors, including Mr. Al-Awaid’s health, do not justify a sentence less than three years in prison.
[5] This is a difficult sentencing which has caused me much anxious reflection. Mr. Al-Awaid is guilty of perpetrating a protracted for-profit scheme designed to mislead Citizenship and Immigration Canada (CIC). His serious offences justify a custodial sentence. Mr. Al-Awaid does not suggest otherwise. It is his submission that the applicable principles of denunciation and deterrence can be effectively served by a conditional sentence of imprisonment. In support of this option, considerable evidence has been presented about Mr. Al-Awaid’s previous good character and his health problems. In the Crown’s submission anything less than a prison term is inadequate.
The Offences to which Mr. Al-Awaid has Pleaded Guilty
[6] The IRPA offences were committed by Mr. Al-Awaid having knowingly counseled, induced, aided or abetted permanent residents in relation to the immigration and citizenship applications of numerous individuals. The Citizenship Act offences involved Mr. Al-Awaid making false representations on behalf of certain individuals in relation to their applications for citizenship. As the Crown put it in its written submissions, Mr. Al-Awaid provided a range of services to his clients which facilitated the appearance of legitimacy; he enabled clients to falsify the documentation they submitted to maintain their permanent residency status and subsequently obtain Canadian citizenship.
[7] The specifics of Mr. Al-Awaid’s offences are described in the charges to which he has pleaded guilty:
Information 695760 – Immigration and Refugee Protection Act Charges
• Between August 1st, 2006 and May 29th, 2009, Mr. Al-Awaid knowingly counselled, induced, aided, or abetted Abdullah Siddiqui, Uzma Aslam, Khaldoun Halasa and Nadia Iskander to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induced, or could have induced an error in the administration of the Immigration and Refugee Protection Act, thereby committing and offence pursuant to s. 126 of the Act;
• Between October 1st, 2006 and July 8th, 2009 Mr. Al-Awaid knowingly counselled, induced, aided or abetted Bassam Chilmeran, May Al-Chalabi, Vladimir Krastev to directly or indirect misrepresent or withhold material facts relating to a relevant matter that induced, or could have induced an error in the administration of the Immigration and Refugee Protection Act, thereby committing an offence pursuant to s. 126 of the Act;
• Between July 17th, 2006 and May 22nd, 2009 Mr. Al-Awaid knowingly counselled, induced, aided or abetted Syed Mahmud, Mohamed Abdalaai, to directly or indirect misrepresent or withhold material facts relating to a relevant matter that induced, or could have induced an error in the administration of the Immigration and Refugee Protection Act, thereby committing an offence pursuant to s. 126 of the Act;
• Between Jan 28th, 2004 and April 1st, 2009 Mr. Al-Awaid knowingly counselled, induced, aided or abetted Faris Abu-Dayeh, Abeer Sabanekh, Majeda Omar, George Mushawar, to directly or indirect misrepresent or withhold material facts relating to a relevant matter that induced, or could have induced an error in the administration of the Immigration and Refugee Protection Act, thereby committing an offence pursuant to s. 126 of the Act;
• Between September 17th, 2003 and October 21st, 2008, Mr. Al-Awaid knowingly counselled, induced, aided or abetted Assaad El Abbas, Mustafa Al-Mehdawi, Hind Malhas, Nagham Malhas, to directly or indirect misrepresent or withhold material facts relating to a relevant matter that induced, or could have induced an error in the administration of the Immigration and Refugee Protection Act, thereby committing an offence pursuant to s. 126 of the Act;
• Between November 1st, 2002 and March 30th, 2009 Mr. Al-Awaid knowingly counselled, induced, aided or abetted Mohd Morelly, Ziad Musleh, Wael Kamal, Rozana Al Labadi, Sherif Assran, Iman El-Meniawy, Ziyad Al-Zabet, Areej Salah, Neveen Khalaf, Samir Kattan, Maha Quossos, Issam Nehlawi, Roudayna Nhanna Nehlawi, to directly or indirect misrepresent or withhold material facts relating to a relevant matter that induced, or could have induced an error in the administration of the Immigration and Refugee Protection Act, thereby committing an offence pursuant to s. 126 of the Act;
• Between June 9th, 2005 and June 3rd, 2009 Mr. Al-Awaid knowingly counselled, induced, aided or abetted Effah Dajani to directly or indirect misrepresent or withhold material facts relating to a relevant matter that induced, or could have induced an error in the administration of the Immigration and Refugee Protection Act, thereby committing an offence pursuant to s. 126 of the Act;
Information 667024 - Immigration and Refugee Protection Act Charges
• Between August 7th, 2007 and July 26th, 2011, knowingly counselled, induced, aided, or abetted Polina Dimitrova to directly or indirectly misrepresent or withhold material facts relating to a relevant matter that induced, or could have
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