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Citizenship and Immigration committee  I would very briefly add to that. Extraterritoriality is built into the Immigration and Refugee Protection Act offence section right now. Section 135 provides that an offence that takes place outside Canada that would be an offence in Canada can be prosecuted.

October 20th, 2010Committee meeting

Gregory Israelstam

Citizenship and Immigration committee  I believe it would. One of the things I didn't include in my explanation earlier was the fact that section 91 of IRPA will be amended to make it an offence to offer to represent or advise a person as well. I think that a public advertisement to provide immigration services--

October 20th, 2010Committee meeting

Gregory Israelstam

Citizenship and Immigration committee  If the offer would include an offer to provide those services for financial consideration, yes.

October 20th, 2010Committee meeting

Gregory Israelstam

Citizenship and Immigration committee  We're very specifically talking about charging somebody on summary offence, which is reserved, generally, for crimes that are thought of as less serious. The Criminal Code provides as a default that you can charge somebody for a summary offence only within six months of the occur

October 20th, 2010Committee meeting

Gregory Israelstam

Citizenship and Immigration committee  The provision itself requires that in order for a criminal offence to be made out, the person, the ghost consultant, if you like, “shall knowingly represent or advise a person for consideration”. So we would have to demonstrate in fact that they provided advice or representation.

October 20th, 2010Committee meeting

Gregory Israelstam

Citizenship and Immigration committee  The governing body, as with all governing bodies, would not have any authority to discipline somebody who is not a member of that body, just as the Law Society of Upper Canada cannot impose sanctions on somebody who is not a member. Therefore an investigation for the offence of b

October 20th, 2010Committee meeting

Gregory Israelstam

Citizenship and Immigration committee  Very good, actually.

October 20th, 2010Committee meeting

Gregory Israelstam