Former Immigration Officer: “Gave Bad Advice for Money”

As reported in the Windsor Star, former Immigration Officer Flavio Angelo Andreatta used a store as a “front” and provided bad immigration advice to clients. He was an unlicensed representative who should have known better and he has been sentenced in criminal court.

Here is an excerpt from the Windsor Star article:

Andreatta, a retired Canadian immigration officer grandfathered into the Canada Border Services Agency, would instruct clients to make cheques out to the cultural charity, headquartered at his Kingsville home. He would then make withdrawals from the society’s bank account, a fact that caused the group’s treasurer and former bookkeeper to resign in 2011.

Andreatta, who turns 68 next week, pleaded guilty in Superior Court Wednesday to contravening Canada’s Immigration and Refugee Protection Act by providing immigration advice for a fee. Only lawyers or people vetted by a sanctioned body can charge for that work.

As punishment, Andreatta will spend the next year on house arrest, followed by two years on probation.

Court heard Andreatta collected more than $25,000 for his services between June 2011 and December 2014.

Having the money flow through the Italian Genealogy and Heraldry Society was the “subterfuge” Andreatta used, federal prosecutor Paul Bailey told the court.

Having been an immigration officer in the past, Andreatta “certainly was in a position to know better,” Bailey said.

“He gave some bad advice for money.”

Authorities first learned of Andreatta’s activities in May 2012 when a woman who was an Italian national was denied a visitor’s visa. She had been working at the Caboto Club on a work permit that was about to expire. She was later deemed inadmissible to Canada because she had continued to work past the expiry date.

Clearly, this former Officer set up the charity with the purpose of deceiving the government and breaking the law. In my view, house arrest is too lenient on this gentlemen, no matter his health “ailments”, his background and his years of service. As stated in the article, “Only lawyers or people vetted by a sanctioned body can charge for that work.” Those described in the second part are sanctioned by ICCRC and they are subject to discipline by their professional organization. In my view, there are benefits to the system in the United States where they do not allow immigration consultants to represent clients.

Note that the decision by Superior Court Justice Kirk Munroe does not preclude the Law Society of Ontario from imposing additional punishment to the immigration officer and ordering separate fines for providing legal services in Ontario without a licence.

Law Society Act, R.S.O. 1990, Chapter L.8. Section 26.2 of the Law Society Act states as follows:

Non-licensee practising law or providing legal services

26.1 (1) Subject to subsection (5), no person, other than a licensee whose licence is not suspended, shall practise law in Ontario or provide legal services in Ontario.  2006, c. 21, Sched. C, s. 22.

26.2 (1) Every person who contravenes section 26.1 is guilty of an offence and on conviction is liable to a fine of,

(a) not more than $25,000 for a first offence; and

(b) not more than $50,000 for each subsequent offence.  2006, c. 21, Sched. C, s. 22.