EXPLAIN THE FOLLOWING RELATING TO ARTICLE 5 AND 6 OF PROFESSIONAL CODE OF ETHICS OF IMMIGRATION CONSULTANT IN THE ATTACHED CASE.
- EXPLAIN WHAT THE ARTICLE 5 AND 6 EXPECTS THE IMMIGRATION CONSULTANT TO DO IN THIS CASE
- IDENTIFY THE RELEVANT CASE LAWS AND EXPLAINATION OF HOW THE CASE LAWS RELATES TO THE CASE
- CONCLUSION OF THE CASE
- ANALYSIS OF THE DECISION OF THE CASE
iccrc IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL CrCIC CONSEIL DE REGLEMENTATION DES TM/MC CONSULTANTS EN IMMIGRATION DU CANADA DISCIPLINE COMMITTEE OF THE IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Panel: John Lironi, Member, Chairperson Satpaul Singh Johal, Member Roman Danilov, Member Between: Immigration Consultants of Canada Regulatory Council Patricia Harper, Counsel for Immigration Consultants of Canada Regulatory Council (Applicant) And Dunstan Munro, R416111 (Respondent) ICCRC File No. CD.2013.522; CD.2014.215; CD.2014.306; CD.2015.388; CD.2015.441 And CD.2015.477 Date of Hearing: November 23, 2017 Date of the Reasons for the Decision: November 29, 2017 Reasons for Decision Introduction The complaint was heard by conference call of a panel of the Discipline Committee of the three members listed above, on November 23, 2017. The panel reviewed and discussed the written submissions of the parties provided to the panel before the hearing. Also attending the conference call was Carla Gelbloom who recorded the minutes and Ms. Harper to respond to questions by the panel. IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 1 of 8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADADiscipline Committee Decision and Reasons ICCRC File No.#CD.2013.522 et al. Agreement of the Facts The parties acknowledge and agree that the allegations as set out in the following Agreed Statement of Facts filed herewith are correct. 1. Dunstan Munro ("Mr. Munro" or the "Member") is a consultant registered as a Member with the Immigration Consultants of Canada Regulatory Council ("ICCRC"). 2. This Agreed Statement of Facts pertains to six (5) Complaints against the Member that have been referred to the Discipline Committee. This Agreed Statement of Facts is made for the purpose of settling all 6 Complaints. 3. Any reference to the Code to the Code of Professional Ethics (the "Code") is to the Code as in force and effect up to and including February 2016. Summary o f the Complaints fCCRC File No. CD.2013.522 4. The Member was retained by the Complainant #1, in or about September 2012 to assist her in obtaining her work permit and landed immigrant status as a refugee applicant (the "Applicant"). 5. The Complainant's allegations include that, in addition to providing incorrect information about the Application requirements, the signature on her Personal Information Form ("PIF"} was not hers and that the Member has not fulfilled his promise to refund her fees. 6. The Member denies the bulk of the allegations, including that the Complainant did not sign the PIF. The Member acknowledges, however, that he did not communicate with the client as necessary, was not direct with her about the scheduling of a hearing before the Immigration and Refugee Board, and failed to the take the proper steps to withdraw from representation. 7. The ICCRC acknowledges that there is insufficient evidence to establish that the signature on the PIF was not the Complainant's. fCCRC File No. CD.2014.215 8. The Member was retained by the Complainant #2, in or around January 2012 with respect to her Common Law Sponsorship Application of her partner (the "Sponsorship Application"). 9. The Member acknowledges that he did not file the Sponsorship Application in a timely fashion and that he failed to communicate with the client efficiently or effectively. 10. The ICCRC acknowledges that the Complainant's Sponsorship Application was ultimately successful. IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 2 of8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Discipline Committee Decision and Reasons ICCRC File No.#CD.2013.522 et al. ICCRC File No. CD.2014.306 11. 12. 13. 14. in December 2013 the Complainant #3, Retained the Member with respect to his application for refugee status ("Refugee Application"). He retained the Member again in january 2014 with respect to a spousal sponsorship application ("Sponsorship Application"), which was ultimately not pursued. The Complainant alleges that he told the Member about outstanding criminal charges against the Complainant in the State of Florida, but that this information was omitted from the Refugee Application, leading to a negative finding by the Immigration Refugee Board against the Complainant on the Refugee Application. The Member acknowledges that he did not clearly delineate the difference between the two services he was retained to provide or clearly explain the fees to the Complainant. The ICCRC acknowledges that there is no documentary evidence to establish that the Complainant informed the Member about his time in the United States or the criminal charges pending against him the State of Florida prior to the Refugee Application being submitted. ICCRC File No. CD.2015.333 15. 16. The Complainant #4, retained the Member, for the purpose of extending the Complainant's work permit and making an application for permanent residence on humanitarian and compassionate grounds {"H&C Application"). The Member acknowledges that he provided the Complainant with certain incorrect information with respect to the work permit application and that he did not file the mic Application in a timely manner. ICCRC File No. CD.2015.441 17. 18. 19. The Complainant #5, retained the Member on around July 31, 2015 with respect to the sponsorship application for her husband (the "Sponsorship Application"). The Member acknowledges that a few weeks after signing the Retainer Agreement, and before any work had been done, the Complainant decided not to pursue the Sponsorship Application. The Member further acknowledges that he refused to refund any of the Complainant's $1,000.00 deposit. The ICCRC acknowledges that the Complainant's decision not to pursue the Sponsorship Application was not the result of any action or inaction on the part of the Member. IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 3 of8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Discipline Committee Decision and Reasons ICCRC File No.#CD.2013.522 et al. fCCRC File No. CD.2015.477 20. 21. 22. The Complainant #6, retained the Member in or around early November 2014 with respect to her application for permanent residence on humanitarian and compassionate grounds ("H&C Application"). The Member acknowledges that he failed to communicate with the client as necessary or to file the Complainant's H&C Application as requested by the Complainant. The ICCRC acknowledges that the Complainant did not forward the necessary government fees for the procession of the Application. Breaches of the Code of Professional Ethics 23. Having regard to the Complaints and facts set out above, Mr. Munro acknowledges that be breached the following provisions of the Code of Professional Ethics as in force and effect up to and including February 2016: (a) Article 5.1- Nature of Competence; (b) Article 5.2- Duty of Competence; (c) Article 5.3-Standard of Service; (d) Article 5.6- Maintenance of Knowledge and Skills; (2) Article 6.1- Quality of Service; If] Article 6.1.1- Meet All Applicable Deadlines; (3] Article 6.1.2- Conduct Client Affairs in an Efficient and Cost-Effective Manner; (h) Article 6.1.3- Communicate with the Client at All Stages of a matter in a Timely and Effective Way; (i) Article 6.1.5- Answer Reasonable Client Requests in a Timely and Effective Manner; In Article 6.1.6- apply Intellectual Capacity, Judgment and Deliberation to all Functions; (k) Article 6.1.8 Adapt to Changing laws, Requirements, Standards, Techniques and Practices; (I) Article 7.1- Honesty and Candour Required; (m) Article 12.1- Content of Retainer Generally; (n) Article 12.1.1- Retainer Clearly State Scope of Services; IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 4 of8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Discipline Committee Decision and Reasons ICCRC File 24. No.#CD.2013.522 et al. (0) Article 14.1- When Withdrawal from Representation Required; In] Article 145- Member Action Required on Withdrawal from Representation. For the purpose of settlement, the ICCRC withdraws the following allegations under the Code: (a) Article 3.1- Serve Honourably; (b) Article 4.1- Maintain Integrity; (c) Article 4.2- Courtesy and Good Faith; (d) Article 4.5- No Misconduct or Conduct Unbecoming; (e) Article 5.4- Not to Practice if Not Competent; (f) Article 6.1.9- Comply in Letter and Spirit with the Code; (g) Article 7.2- Restricted Scope of Practice; (h) Article 7.4.1- Exercise Due care and Not Knowingly Assist or Encourage any Dishonesty, Fraud, Crime or Illegal conduct; (i) Article 7.4.4- Counselling a Client on How to Violate the Law; (j) Article 105- Accounting For and Return of Client Property Other Factors 25. 26. 27. it is Mr. Munro's evidence, which is not contested by the ICCRC, that filing and communication delays described above were due to various medical problems Mr. Munro experienced for a period of time and that these medical issues caused him considerable stress. Mr. Munro's inability to perform his duties properly during these periods resulted in certain administrative suspensions. Mr. Munro now understands and acknowledges that if he is not able to perform his duties due to prolonged illness, he must communicate this to his clients and seek a medical leave of absence from the ICCRC. Minutes of Settlement In addition to the Agreed Statement of Facts which the Discipline Committee panel accepts, the parties jointly agree and submit that the following penalty to be imposed by the Discipline Committee on the Respondent Dunstan Munro ("the Member\"): IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 5 of8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Discipline Committee Decision and Reasons ICCRC File No.#CD.2013.522 et al. The Parties make this Joint Submission to settle six {6} Complaints against the Member as reflected in ICCRC Files No. 012013.522, CD.2014.215, CD.2014.306, 2015.388, CD.2015.441 and CD.2015.477. The Parties agree to the facts as set out at Schedule "A" attached, Agreed Statement of Facts. The Member acknowledges certain breaches of the Code of Professional Ethics, as it was in force and effect up to and including February 2016, and as set out in the Agreed Statement of Facts. For the purpose of settlement, the ICCRC withdraws certain allegations against the Member as set out in the Agreed Statement of Facts. Having regard to the Agreed Statement of Facts, the Parties submit that the penalty to be imposed upon the Member should consist of the following: (a) The Member shall be suspended from practice for a period of one (1) month, being December 2017. (b) After the suspension has ended, the Member shall be under practice supervision from January 1, 2018-May 31, 2018. The practice supervision requirements shall be as follows: (i) The Member shall be responsible for finding an RCIC in good standing with no history of discipline to act as his practice supervisor. The Member shall submit the name and signed agreement of the supervisor to the arrangement to the Applicant's counsel no later than December 15, 2017; (ii) The supervising RCIC shall have access to all of the Member's files, including his correspondence with Immigration, Refugees and Citizenship Canada {"IRCC"I and with the Member's clients; (iii) The supervising RCIC shall file a report with the Registrar no later than the last day of each month of the supervision period attesting that the supervisor has reviewed Mr. Munro's correspondence, applications submitted to IRCC, and accounts for that month and that, to his/her knowledge, Mr. Munro is complying with the Code; (iv) Mr. Munro shall pay the supervisor's reasonable fees and disbursements promptly and in full. IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 6 of8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Discipline Committee Decision and Reasons ICCRC File No.#CD.2013.522 et al. (c) No later than May 31, 2018, Mr. Munro shall take or re-take the following Practice Management Education ("PME") courses: (i) Client File Management; (ii) Developing the RCIC and Client Relationship; (iii) Managing an Immigration Consulting Practice; (iv) Planned and Unplanned Absences. (d) The Member shall be responsible for registering for and attending the PMEs noted at paragraph (c) by May 31, 2018. (e) The Member shall provide the ICCRC Registrar with a sworn/affirmed declaration that he/she has completed the PME requirements noted at paragraph (c) above no later than June 1, 2018. (f) A formal reprimand, the form and content of which is attached as Appendix 1 to Schedule "B", the Draft Order, shall be placed in the Member's ICCRC file. (g) If the Memberfails to abide by the conditions set out at paragraphs (a) to {e} above, he shall be suspended for a further five (5} months from the date of his breach of those conditions, on written notice from the Registrar. The Order made by the Discipline Committee, agreed to as to form and content as attached at Schedule "B", shall be published on the ICCRC Website in accordance with the ICCRC's Website Publication Policy. The Parties refer to the Agreed Statement of Facts set out at Schedule "A" and submit that the penalty noted at paragraph 5 above, which consists of a suspension, practice supervision, further education of the Member and a Reprimand, is appropriate in the totality of the circumstances. 3. The Parties also submit that the penalty agreed to by the Parties reflects a balance between the Member's acknowledgment of certain breaches of the Code and the lCCRC's withdrawal of certain allegations for the purpose of settlement. Finally, the Parties submit that the settlement they have reached provides both parties with certainty of result that could not be guaranteed on a full hearing of the 6 matters. IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 7' of8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA Discipline Committee Decision and Reasons ICCRC File No.#CD.2013.522 et al. Decision After carefully reviewing the written submissions of the parties, the panel unanimously approved the Joint Submission on Penalty. The panel found that the proposed penalty adequately addressed the need for a general deterrence to the entire membership, as well as a specific deterrence to the Member. The panel decided that the proposed penalty is reasonable and in the public interest. The panel commended the parties for reaching an agreement on both the facts and the proposed penalty. The Panel directs ICCRC's Complaints and Professional Standards Administrator to insert each of our electronic signatures in the signature lines at the end of the decision. ICCRC Panel of the Discipline Committee: John Lironi, Member, Chairperson Satpaul Singh Johal, Member Roman Danilov, Member IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL Page 8 of 8 CONSEIL DE REGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA
