Alexei is a permanent resident (PR) who was convicted of armed robbery. He obtained PR via family sponsorship at a young age. Removal order 36(1)(a) was issued by the ID. There is a removal order appeal pending before the IAD. The CBSA has interviewed the client twice recently, and has stated that the interviews relate to an investigation concerning possible involvement in organized crime. The robbery conviction was the client's first offence, and his prison record has been impeccable. He was on bail prior to conviction with no breaches. All of Alexei's family is in Canada. He has no ties to Russia, his country of origin. He has been detained by the CBSA upon release from criminal custody (He was paroled after serving one third of his prison sentence.)

His mother, Laroslava, is willing to post a bond of what you consider necessary. However, money is tight and she wants to post as little as she can. Laroslava is a nurse and makes around $50,000 a year. Her husband is deceased and she lives in an apartment in Toronto with Alexei's brothers, Sergei and Vlad. Sergei is going to school to be an accountant and Vlad works in construction. Vlad has a criminal record and similar allegations of involvement with organized crime.

Alexei also has a long-time friend named Jeremy who grew up with him and lives in another part of Toronto. He has a wife and two kids and works full-time but is willing to assist in the release plan in anyway possible.

Facts Transpiring While in Detention

Alexei was detained at 48-hour and 7-day reviews for Ministerial inquiry, danger and flight risk.

The CBSA conducted one further interview with Alexei about his involvement in organized crime between the 48-hour and 7-day reviews, and has done nothing else to advance that investigation since. No s. 44(1) report with respect to organized crime has been written.

The client contacted the IAD about scheduling, and was advised in writing that an appeal hearing cannot be scheduled for at least six months due to a backlog of cases, but that they cannot say how much longer it will be beyond the six months.

The client is finally able to obtain complete copy of carceral records, showing the programming he completed (therapy, skills training, etc.) and the absence of any disciplinary record. He also got copy of parole decision, which includes finding that the risk of recidivism is very low.

Arguments Made for Release

• Alexei is not a danger to the public because he has only one conviction and there is no evidence that he is likely to be a recidivist
• The Minister is no longer taking the necessary steps to investigate Alexei's connection to organized crime, so the Ministerial inquiry ground cannot be retained
• Flight risk can be counterbalanced by a reasonable alternative to detention
  • In this case, a $5000 performance bond from detainee's mother, with whom he will live, is proposed

Rationale for the the ID's Decision to Maintain Detention

• Agrees that Minister is no longer taking reasonable steps to investigate, so the Ministerial inquiry ground is not retained
• The danger ground is made out because of the conviction for a violent crime (246(d)(ii) IRPR)
• Flight risk is made out because of strong ties to the community (245(g) IRPR)
• Factors related to 248
  • 248(a): Danger + flight risk weighs in favour of detention
  • 248(b): Detention is not yet lengthy
  • 248(c): IAD expedites appeals for detainees, so the hearing will likely be soon and PC will then either be deported or released
  • 248(d): Neutral factor
  • 248(e): There is no evidence that the $5000 bond is a significant sum for the detainee's mother or that she could influence him to comply
  • 248(f): Neutral factor

Therefore, danger and flight risk are established and 248 factors weigh in favour of detention.

There is no evidence that Alexei's mother is in a position to supervise and influence; therefore, she is not a suitable bondsperson (BP) and there is no reasonable alternative to detention tendered.

Questions

1. Write a letter going on record and seeking disclosure of the information you need from CBSA and the Immigration Division.
2. In point form, present the terms and conditions of a proposed release plan to present to the Immigration Division at the 30 day detention review. After that, identify the information and documents you will need in advance from the detainee and anyone else who is central to the release plan. You can present two bullet point lists: first the release plan terms and conditions, and then below it a list of important documents.
3. Please list five important questions you will want to ask Alexei OR five important questions you will want to ask anyone else central to the release plan at the hearing.