R. v. Orr

R. v. Orr

The Crown failed to prove beyond a reasonable doubt that the accused organized L.S.'s entry to Canada by fraud, deception or coercion (Count 1) or knowingly misrepresented material facts to the visa office (Count 3) because the complainant's testimony was rife with inconsistencies and lacked necessary corroboration; however the Crown proved beyond a reasonable doubt that the accused employed L.S., a foreign national, without authorization (Count 2) by corroborating evidence including remittance records and police observations and because the offence is one of strict liability where the accused did not establish due diligence.

Citation
2016 BCSC 2062
Parties
Crown: Regina; Accused: Franco Yiu Kwan Orr
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 September 2016
Procedural Posture
Criminal / Judgment After Trial
Outcome
Accused acquitted on Counts 1 and 3; convicted on Count 2 (employing a foreign national without authorization); sentencing adjourned
Legal Topics
Human Trafficking, Employment of Foreign Nationals, Misrepresentation to Immigration Authorities, Temporary Resident Visa, Immigration Enforcement
Source Language
English
Immigration Criminal Law Human Trafficking Employment of Foreign Nationals Misrepresentation to Immigration Authorities Temporary Resident Visa Immigration Enforcement

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Parties

Regina

Crown

Franco Yiu Kwan Orr

Accused

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the accused organized the complainant's entry into Canada by abduction, fraud, deception or coercion contrary to s.118 IRPA (Count 1)
  2. 2 Whether the accused employed a foreign national in a capacity to which she was not authorized contrary to s.124(1)(c) IRPA (Count 2)
  3. 3 Whether the accused knowingly misrepresented or withheld material facts in support of a visa application contrary to s.127(a) IRPA (Count 3)

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the accused organized L.S.'s entry to Canada by fraud, deception or coercion (Count 1) or knowingly misrepresented material facts to the visa office (Count 3) because the complainant's testimony was rife with inconsistencies and lacked necessary corroboration; however the Crown proved beyond a reasonable doubt that the accused employed L.S., a foreign national, without authorization (Count 2) by corroborating evidence including remittance records and police observations and because the offence is one of strict liability where the accused did not establish due diligence.

Court Disposition

Accused acquitted on Counts 1 and 3; convicted on Count 2 (employing a foreign national without authorization); sentencing adjourned

Orders

  • Count 1 (s.118 IRPA) not guilty
  • Count 2 (s.124(1)(c) IRPA) guilty