Former judge charged with theft
Stolen citizenship exams given to immigration consultant for their clients’ use, RCMP alleges
A retired citizenship judge has been accused of stealing citizenship exam papers and providing the information to an immigration consultant.
Philip Gaynor, 70, of Whitby was charged with breach of trust, fraud and theft over $5,000 on Thursday. Scarborough immigration consultant Li Ling, 49, and her assistant, Mo Sui Zhun , 58, were charged with possession of stolen property.
Copies of citizenship exams were allegedly stolen and supplied to an immigration consultant “for the purpose of gaining clients’ citizenship without necessarily meeting the requirements,” said RCMP Sgt. Richard Rollings. Police did not specify a time frame. The highly unusual case calls into question the security and access to the tests, administered by Citizenship and Immigration Canada and sat yearly by tens of thousands of immigrants hoping to become full-fledged Canadians.
The RCMP launched a probe last year after receiving a complaint from immigration officials who spotted an irregularity at their Scarborough office.
“Judge Gaynor is a distinguished member of his community.” CITIZENSHIP AND IMMIGRATION CANADA BIOGRAPHY
Citizenship fraud is not unusual, but a case alleging a citizenship judge’s involvement “is unheard of,” said Phil Mooney, past-president of the Immigration Consultants of Canada Regulatory Council.
Immigration officials are reviewing the relevant files to determine if applicants obtained their citizenship fraudulently.
“These charges are serious. We will take measures to address this, up to and including revoking the citizenship of anyone who obtained it fraudulently,” said Citizenship and Immigration Canada spokeswoman Nancy Caron.
“We are moving to an electronic system where each test will be a random scrambling of questions, making the type of fraud alleged today much harder to carry out.”
Gaynor was appointed by the Conservative government in 2006 and his full-time appointment was renewed for another three years in 2009. He retired last September.
A Citizenship and Immigration Canada biography listed him as a former executive at the T. Eaton Co., Gordon Brothers and Premier Brand Foods. “Judge Gaynor is a distinguished member of his community, where he has provided many years of dedicated volunteer service,” it said. “For over 18 years, he dedicated himself to supporting the efforts of the Toronto Metropolitan Police Auxiliary, where he reached the level of sergeant.” Gaynor did not respond to the Star’s request for comment. A citizenship judge administers citizenship exams, adjudicates if an applicant meets all the citizenship requirements and swears in the country’s new citizens at ceremonies. They make between $91,800 and $107,900 a year. The judges are political appointees and do not need immigration law expertise or judicial experience. “They can be appointed for any number of reasons,” said Mooney. In 2010, the federal government launched a new citizenship test and raised the passing mark to 75 per cent from 60 per cent. The failure rate almost tripled as a result. The 20 multiple-choice questions measure applicants’ knowledge of Canadian history, culture and values. Besides passing the test, they must demonstrate proficiency in English or French, and have no criminal record. In a 2008 article in the Etobicoke Guardian, Gaynor, who emigrated from Ireland in 1963, told a group of new citizens that citizenship rights come with the responsibility “to vote in all elections, to respect the law, each other and treat each other with dignity.”