Vancouver immigration consultant charged for allegedly using forged documents - Action News
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Vancouver immigration consultant charged for allegedly using forged documents

A Vancouver-based immigration consultant is facing charges under both the Criminal Code and the Immigration and Refugee Protection Act for allegedly using forged documents.

Regulator says Canada Border Services Agency failed to notify them of allegations against consultant

Vancouver-based immigration consultant Carlos Alberto Alaniz is accused of either misrepresenting or withholding material facts in relation to visitor extension applications. (Facebook)

A Vancouverimmigration consultant is facing charges under both the Criminal Code and the Immigration and Refugee Protection Act for allegedly using forged documents.

Carlos Alberto Alanizis accused of either misrepresenting or withholding material facts in relation to visitor extension applications relating to more than two dozen people.

Alaniz, the owner of Fast Track Immigration Services Inc., faces four criminal counts of using a forged bank statement, as well as 20 violations of the federal immigration legislation.

The charges were sworn this summer, though they relate to incidents that allegedly occurred from 2013 to 2017.

"The allegations against my client are just that, allegations," Alaniz's lawyer, Matthew Nathanson, said in an email.

"My client is presumed innocent, and we look forward to defending this case in court."

'Raises a concern'

The situation underscores ongoing concerns about the regulation of immigration consultants, whichhave led to plans fora new Canadian regulatory body.

Alaniz was charged in June, but the Canada Border Services Agency did not inform the current Immigration Consultants of Canada Regulatory Council (ICCRC). It learnedabout the charges from CBC News.

ICCRC oversees how thousands of immigration consultants in Canada conduct themselves, providing education, licensing and discipline. But the creation of a new professional collegewould put consultants on the same regulatory footing as lawyers or doctors, providing a strengthened disciplinary process.

Alaniz has no disciplinary history with the current council.

The Canada Border Services Agency did not inform the Immigration Consultants of Canada Regulatory Council about the charges against Carlos Alberto Alaniz. (Canada Border Services Agency)

ICCRC's director of professional conduct, Michael Huynh, says the councilwould have liked to have been informed of the charges earlier.

Under normal circumstances, Huynh said, the council would initiate proceedings that could result in an interim suspension.

"The fact of [the case]itself raises a concern," he said. "The criminal charges, for them to be laid, have to meet a certain threshold."

While not speaking to the specifics of the Alaniz case, the purpose of any suspension would not be to prejudge the case, Huynh said, but "to protect the public and also to protect the reputation of the profession."

The council would also likely hold its own hearing, regardless of whetheran immigration consultant is cleared by the courts, he said.

'Lost through the cracks'

ICCRC has told the CBSAthat the councilwants to be kept abreast of anyinvestigations, so it can take actions to protect the public particularly ifcharges become a matter ofpublic record.

"This sounds like one of those situations where it sounds like it was lost through the cracks, unfortunately," said Huynh.

"Certainly that has significant consequences. Obviously, what we'd like to be doingand the CBSA agrees with us on thisis that this information being public is beneficial, insofar as once it's disclosed to us, we can move forward on our interim suspension motion and make sure this person is no longer considered an active immigration consultant."

The federal government unveiled plans in 2017 for a new regulatory college for immigration consultants, but the legislation still needs to be proclaimed into law by the incoming Liberal minority government. (Mark Blinch/Canadian Press)

According to his LinkedIn profile, Alanizhandles "day-to-day management and oversight in all aspects of immigration client accounts" and deals "with complianceand legal issues while filing work and permanent residence applications for our clients."

Thecriminal charges allegedly involve the use of forged HSBCbank statements purported to belong to four different individuals.

The Immigrationand Refugee Protection Act charges allegedly involve information provided with respect to visitor extension applications and,in the cases of two individuals,study permits.

None of the charges have been proven in court.

The CBSAdid not respond to a request for comment on the allegations or the origins of the investigation.

'No better time than now'

Last spring, the federal government unveiled plans to crack down on unethical immigration consultants, including the creation of a new professional college to replace the ICCRC, which is a non-profit organization.

The legislation will allow the ICCRC to evolve into the new college.

The move came after a 2017 report called for a broad overhaul ofthe waythe profession is regulated, in part because of harrowing stories from newcomers who put their trust and hopefor citizenship in the wrong hands.

Federal legislation to establish the new college was passed in June and received royal assent.

The act would give the new regulator investigativepowers to compel witnesses and would also establish lines of protocol when it comes to communication withbodies like the RCMP and the CBSA.

The act still needs to be proclaimed into law by the minister of immigration.

Huynh says thatshould be a priority for the new Liberal minority government.

"There's no better time than now to get moving on this," Huynh said.

"The reason it's been so challenging for ICCRC over the past seven years is this lack of clarity on what ICCRC can do, what information ... various government bodies [can] share with ICCRC."

Alaniz is slated to next appear in a Vancouver provincial court on Nov. 13.