Case Study "Alejandro" You have been approached by an individual, on behalf of a prospective client who is currently detained by CBSA. Your client wants to retain you to represent him at his 48-hour detention review. From your interview with your client, you learn that he entered Canada at Vancouver International Airport on a Mexican passport with the name of Alejandro Guillermo. The client informs you that he wants to explore investment opportunities in the marijuana industry in Canada. He was travelling with seven cell phones and over $10,000 in undeclared currency. The Canada Border Services Agency [CBSA] determined that the Mexican passport was fraudulent and he was detained on the basis that his identity could not be established and that he is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) for removal. Question 19 (1 point) Which of the following is NOT a right that Alejandro has as a detained person? a) To be released from detention once he begins to cooperate with CBSA in establishing his identity b) To be put in contact with a representative of his country's embassy or consulate and non-government organizations c) To be informed about the reason(s) for his detention and have access to a CBSA officer Od) To be informed about the right to be represented and to meet with counsel in person or by phone as required.

Question 20 (1 point) Assume that you have now been retained, the 48-hour review proceeds and detention is maintained. Your client admits that he is actually a citizen of Pakistan with the name Shahzad Amin. He provides this information to CBSA, i.e. that he is actually a citizen of Pakistan. He also provides CBSA with Pakistani identity documents. CBSA examines these documents and concludes that they appear to have been tampered with, are lacking in security features, and are not sufficient to establish your client's identity. Your client is desperate to get out of detention and you have been asked to come up with a release plan. Which of the following alternatives to detention would NOT be appropriate to propose? a) Offer that if your client was released from detention, he would call in a debt owed to him by a friend and use that money to support himself in Canada. b) Offer the posting of a performance bond. c) Offer a payment of a cash bond of $15,000. d) Offer that your client would accept electronic monitoring.

Question 21 (1 point) Before the next detention review (the 7-day review), your client tells you that he was being accused in Pakistan of obtaining illegal financing for his company. He tells you that he is wanted in Pakistan for the crime of "illegally absorbing public deposits." You consult with an expert on Pakistani law who tells you that the equivalent offence in Canada would likely be fraud over $5,000, contrary to section 380 of the Criminal Code. He discloses this to CBSA and CBSA confirms that he is wanted by the Pakistani authorities. At the next detention review, what is the strongest argument you could put forward to advocate for your client? a) Because he is facing criminal charges in Pakistan, this will result in a lengthy future detention and this weighs in favour of release b) The Minister has not met their onus of showing that that your client is a flight risk c) Because his identity has not been established, the Minister cannot prove that he is inadmissible for serious criminality d) Your client's identity has now been established, identity is no longer a ground for detention