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      Minutes of a hearing The 
      Minister of Citizenship and Immigration
      Le ministre de la 
      Citoyenneté et de l’Immigration 
      and / et 
      ROY LANIADO 
      September 17, 2003, Ottawa 
      BY 
      MEMBER: 
      - 
                     Good Morning.  My name is Pierre Turmel. I am a member of 
      the Immigration Division.  Today is September 17, 2003, and I’ve been 
      asked to preside an admissibility hearing concerning Roy Laniado. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  That is you? 
      A. 
                  Yes, sir. 
      Q. 
                  Mr. Laniado, I understand you are fluent in English. You did 
      not have the services of a Hebrew interpreter? 
      A. 
                  No, I don’t. 
      - 
                     No.  Okay. 
      
                      The lady to my right is the Minister’s counsel, Madame 
      Sybill Powell. 
      Q. 
                  Now, Mr. Laniado, I guess you have been told that an 
      admissibility hearing was to take place today. Am I correct? 
      A. 
                  Yes, sir. 
      - 
                     On the Notice to Appear for this hearing, which you 
      received, there’s a mention to the effect that you have the right, if you 
      want, to retain the services of a lawyer. It is a right that you have. It 
      is not an obligation as you may choose to proceed on your own. 
      Q. 
                  So what do you want to do today? 
      A. 
                  I think I can explain myself in most of the case. 
      - 
                     Good.  I till then proceed. However, if any time during the 
      course of the hearing you change your mind and you feel that the presence 
      of a lawyer would become necessary, all you have to do is let me know. 
      Okay. 
      A. 
                  I have a question. 
      - 
                     Yes. 
      A. 
                  After the hearing conclude,... 
      - 
                     Yes. 
      A. 
                  ...could then I come to a lawyer and appeal upon this hearing? 
      - 
                     No, there's no appeal. 
      A. 
                  No appeal. 
      - 
                     There's no appeal. 
      A. 
                  Okay. 
      - 
                     That there be a lawyer here or not, there won't be any 
      appeal against the outcome of the hearing. 
      A. 
                  Okay. 
      - 
                     Okay. 
      
                      Now, you have a package of documents. I have the originals 
      here. The very one is a referral for inquiry under subsection 44(2) of the
      Immigration and Refugee Protection Act. This document was made at 
      Ottawa, on the 15th of September 2003. This document only gives me 
      jurisdiction to proceed with the hearing. I will file it as Exhibit C-1. 
      EXHIBIT C-1 - SUBSECTION 44(2) 
      REFERRAL-SEPT. 15, 2003
      
                      The other document which is most important to you is the 
      report made under subsection 44 sub (1) of the Immigration and Refugee 
      Protection Act. It is also dated, well, it is dated the 12th of 
      September 2003. 
      Q. 
                  Have you read that report in full? 
      A. 
                  I read it briefly. Now I go... 
      Q. 
                  You want to have a couple of minutes? 
      A. 
                  Sure. 
      - 
                     There are two pages. While you’re reading I’ll say that I 
      will file this report as Exhibit C-2. 
      EXHIBIT C-2-SUBSECTION 44(1) 
      REPORT-SEPT. 12TH, 2003
      A. 
                  There is one thing that is not copy right. 
      - 
                     Okay, do not explain immediately. You will be given an 
      opportunity during the course of the hearing to testify, okay. 
      Q. 
                  Now, you’ve read it in full. Now, do you understand what it 
      says in there? 
      A. 
                  Yes, I do. 
      - 
                     Okay. Let me give you a bit of explanations as to the 
      purpose of the hearing and its possible consequences for you. First of 
      all, I'm here to determine if you have a right to remain into Canada. 
      Canadian citizens and permanent residents of Canada have a right to stay 
      here. If you are not such a person, I will then have to look at the well-foundedness 
      of the allegations appearing on the report. And if I find these 
      allegations to be true, I’ll have no other choice but to make an Exclusion 
      Order in your case. This is a removal order. This will mean that you will 
      have to leave Canada, and you will also be prohibited from coming back to 
      his country for a certain period of time. 
      
                      If I were to find that the first allegation, the only 
      first allegation is founded, you'll be prohibited from coming back to 
      Canada for one year. If I find that both are, that is the last one too, 
      then you'll be prohibited for two years. If you ever want to come back 
      here within that period of time, you will firstly have to present yourself 
      to a Canadian Consulate or Embassy in any country where Canada has 
      official representatives, and this in order to ask for and obtain the 
      Minister's written consent. 
      Q. 
                  Are those explanations clear to you? 
      A. 
                  Yes. 
      - 
                     Okay. 
      Q. 
                  Following my explanations, are you still ready to proceed on 
      your own? 
      A. 
                  Yes, sir. 
      - 
                     Okay. Now, the Minister’s counsel, Madame Powell, has the 
      burden of proof. She will most likely call you as a witness. She may call 
      other witnesses. She may present documentary evidence. On your side, 
      you'll have the opportunity to examine all the evidence, cross-examine 
      witnesses, if any persons are being called to testify. 
      A. 
                  Okay. 
      - 
                     And at your turn, you'll be given an opportunity to present 
      your own evidence. Okay. 
      A. 
                  Yes, sir. 
      BY 
      MEMBER 
      (to Minister's counsel) 
      - 
                     Madame Powell. 
      A. 
                  Yes, Mr. Member. 
      Q. 
                  You wish to call him as a witness? 
      A. 
                  Yes, please. 
      BY 
      MEMBER 
      (to person concerned) 
      - 
                     Mr. Laniado, you’re being called as a witness to this 
      hearing. I’d like you to please stand up and raise your right hand. 
      Q. 
                  Do you solemnly affirm that the evidence you are about to give 
      shall be the truth, the whole truth, and nothing but the truth? 
      A. 
                  Yes, sir. 
      - 
                     Thank you. Have a seat. 
      BY 
      MEMBER 
      (to Minister's counsel) 
      - 
                     Your witness. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      - 
                     Please state your full name for the record. 
      A. 
                  Mr. Roy Ezra Laniado. 
      Q. 
                  Any other names? 
      A. 
                  No. 
      Q. 
                  What is your date of birth? 
      A. 
                  February 7, 1979. 
      Q. 
                  And where were you born? 
      A. 
                  Israel. 
      Q. 
                  What is your citizenship? 
      A. 
                  Israeli. 
      Q. 
                  Are you a Canadian citizen? 
      A. 
                  No. 
      Q. 
                  Are you permanent resident of Canada? 
      A. 
                  No. 
      Q. 
                  When did you enter Canada? 
      A. 
                  March 23rd. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  Of which year? 
      A. 
                  2003. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  And where was that? 
      A. 
                  Toronto. 
      Q. 
                  When you came to Canada what did you tell the Port of Entry 
      officer what’s your reason for coming? 
      A. 
                  Travelling. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  I’m sorry? 
      A. 
                  I told him I’m coming to travel. 
      Q. 
                  As a tourist? 
      A. 
                  Yes. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  Why were you coming to Canada? 
      A. 
                  To travel. 
      Q. 
                  Was that your sole reason for coming to Canada? 
      A. 
                  Yes. 
      Q. 
                  On the 12th of September you were arrested with a number of 
      others. Can you tell me why you were with this group of people? 
      A. 
                  Yes, I came here to meet the guys. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  You came here to meet who? 
      A. 
                  To meet the persons that were arrested. 
      - 
                     With you, okay. 
      A. 
                  To give them frames, paintings. To leave the same day to 
      Toronto. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  Why were you giving them frames and paintings? 
      A. 
                  For them to sell them. 
      Q. 
                  Was that the first day you met them? 
      A. 
                  No. 
      Q. 
                  How often had you supplied them with frames and paintings? 
      A. 
                  Once a week, once in two weeks. 
      Q. 
                  Did you charge them for these frames and paintings? 
      A. 
                  I wouldn’t charge them in advance, no. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  You would not charge them in advance, but would they have to 
      pay you back? 
      A. 
                  Yes, after they sold them, they would have to pay, to pass me 
      the, yes. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  How much would they give you like per painting, or was there a 
      set amount each week they had to give you, or? 
      A. 
                  They were amount to be give me for the painting, 80 dollars 
      painting, and 85 dollars frame. 
      Q. 
                  How long were you doing this? How many weeks? 
      A. 
                  Approximately between 16 to 18 weeks. 
      Q. 
                  How many weeks after coming to Canada would that have been? 
      A. 
                  Eight weeks. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  You started eight weeks after having entered Canada? 
      A. 
                  Yes. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  How did you get this job? 
      A. 
                  There was a ad in the newspaper in Israel. 
      Q. 
                  When was that? 
      A. 
                  The beginning of March. 
      Q. 
                  Before you came to Canada? 
      A. 
                  Yes. 
      Q. 
                  So you had the job before you came to Canada? 
      A. 
                  Yes. But it was just an option for me. I came here originally 
      to travel. And then because of my lack of cash, a lot of money, I started 
      working. I was supposed to work for a period of time and then to continue 
      my travelling. To leave Canada to South America. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  Okay, how much are you getting for yourself out of these ... 
      A. 
                  This money? 
      - 
                     Yeah. 
      A. 
                  I would get eventually between two to three and half thousand 
      dollars a month. Like I get it every... 
      Q. 
                  That’s for your own? 
      A. 
                  That’s for myself, yes. 
      - 
                     Okay. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  The people that worked for you how much did they get? 
      A. 
                  It’s something you won’t be able to say because some of them 
      they don’t sell anything, so they wouldn't get anything. Some of them sold 
      a few I cannot really say. 
      Q. 
                  Did they get a percentage of the profits per painting? 
      A. 
                  From their sales, yeah. 
      Q. 
                  Did you have any expenses... 
      A. 
                  Yes. 
      Q. 
                  ...other than... what were your expenses? 
      A. 
                  Cell phone, vehicle, accommodation. 
      Q. 
                  Accommodation for yourself... 
      A. 
                  Yes. 
      Q. 
                  ...or accommodation for them? 
      A. 
                  For myself. 
      Q. 
                  Cell phone, you said cell phone. 
      A. 
                  Cell phone. 
      - 
                     Car. 
      A. 
                  Car and accommodation, vehicle and obviously fuel. I’m driving 
      a rental. It's not my vehicle. Everything just to support myself. 
      Q. 
                  Who made their room? 
      A. 
                  They did. 
      Q. 
                  They paid their room? 
      A. 
                  I paid it in advance and they returned me the money. They 
      couldn’t afford a month in advance. 
      Q. 
                  So you paid a month in advance? 
      A. 
                  Yes. 
      Q. 
                  All right, so... 
      A. 
                  It’s not came, it didn’t came from my pocket, but yes. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  Where did it come from? 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  Where did the money come from? 
      A. 
                  Like I explained the officers from immigration, I’m not in 
      charge of this business. I’m not the head of this group of students. There 
      was another guy, there is actually another guy or two or twenty, I don’t 
      know what. The one that I’m aware of on top of me. I would take the money 
      from them and I had to, give him the money after I got my share. And from 
      this money I could rent their houses, and then when they return me, I 
      would add this to the sum and give it to him. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  Who is that person? 
      A. 
                  (inaudible) I don't have any specific information on him. You 
      must understand it’s the owners of this kind of business wouldn’t like to 
      expose themself into any... 
      - 
                     Okay. 
      A. 
                  Any problem with the law. So it’s usually they stay, like in 
      the case, they stay in the dark, no names, no phone numbers, no address. 
      - 
                     Well... 
      A. 
                  Even if I wanted to... 
      - 
                     ...you have to get in touch with him. You have to return 
      the money. 
      A. 
                  He would have called me to my cell phone, let me know when can 
      I meet him in Toronto.  Most of the time in Toronto. He would give me the 
      money and...Excuse me, I give him the money. 
      - 
                     Yes. 
      A. 
                  He give me the frames and the paintings. So. 
      Q. 
                  Does that person lives in Canada? Would you know if that 
      person is a Canadian citizen or a foreigner, or? 
      A. 
                  He’s an Israeli. 
      - 
                     Yeah. 
      A. 
                  He told me he lives in the States. I wouldn’t take his word 
      of. 
      - 
                     Yeah. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  Why were you hired as the group leader of this group? 
      A. 
                  He liked me I guess in some sort of way. I met with him in 
      Israel and I spoke with him for a while and he... 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  You met with him in Israel prior to coming to Canada? 
      A. 
                  Yes. The way I got into this job is through his help. I called 
      him and I got the message they will come to me if I (inaudible) the job. I 
      met him at (inaudible). 
       
      - 
                     Yes. 
      A. 
                  He explained to me, first of all, I was supposed to call him 
      as if I would work as a salesman going door to door trying to sell the 
      paintings. Then he asked me about my military service. What I did here, 
      what did I did there. And my military service, has a certain... 
      - 
                     Background. 
      A. 
                  ...experience, background. It was sufficient for this kind of 
      job. That’s why eventually he wanted me to do this job and not other. Want 
      to be salesman or something else just... 
      - 
                     Be a kind of a supervisor. 
      A. 
                  Yes. And I must say that at least for the concern of taking 
      care of the employees after you found out they’re not Musad [sic] agents 
      and I hope that it’s clear for everyone. 
      Q. 
                  That? 
      A. 
                  We’re not Musad [sic] agents. That they were taken care of 
      very good. I took care for everything they needed starting accommodation, 
      going onto all sorts of problems they had, all sorts of issues they needed 
      to solve as foreigners in a country. And they were treated in the most 
      decent way I could manage. 
      - 
                     Uh-hum. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  How much money did you bring to Canada with you? 
      A. 
                  I came with me with four-thousand U.S. dollars and a very big 
      ...not a lot of Canadian dollars. But when I met my, my parents were 
      already in Canada last week actually, so they brought me another sum of 
      Canadian. 
      Q. 
                  How much money did you have when you were arrested? 
      A. 
                  First of all, I never got a report from the police on how much 
      money did they seized us.  
       
      Q. 
                  How much do you think was there? 
      A. 
                  There was three-thousand and four-hundred or five-hundred U.S. 
      dollars, and between seven to eight thousand in Canadian dollars. 
      Q. 
                  How did you have four-thousand dollars U.S. to come to Canada? 
      Were you working in Israel? 
      A. 
                  First of all, I used to work, not in the last year, but I 
      lived and worked in Israel. I’ve been working since I was 16. 
      BY 
      MEMBER 
      (to person concerned) 
      Q. 
                  But how long have you been out of employment? 
      A. 
                  Two years, two years and something. 
      Q. 
                  Out of employment prior to your coming here? 
      A. 
                  But I, once again I was working since I was 16. 
      - 
                     Yes. 
      A. 
                  Providing myself. 
      - 
                     Yes. 
      A. 
                  And I didn't let... I do have a wealthy family that has put 
      some money aside. So this state of my life when I do mostly travelling I'm 
      using this money to travel. 
      - 
                     Okay. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  Where have you travelled? 
      A. 
                  Oh, no. 
      Q. 
                  No, no, but where? 
      BY 
      MEMBER 
      (to Minister's counsel) 
      - 
                            
      
      
      Well, Madame... 
      BY 
      MEMBER 
      (to person concerned) 
      - 
                     Sir, do not answer the question. 
      BY 
      MEMBER 
      (to Minister's counsel) 
      - 
                     That question is not real... 
      A. 
                  Relevant. 
      - 
                     ...relevant to the allegation. 
      A. 
                  All right. 
      BY 
      MINISTER'S COUNSEL 
      (to person concerned) 
      Q. 
                  How long had this group been in Ottawa? Not all members of the 
      group but this group of sales people. 
      A. 
                  Approximately a month and a half. 
      Q. 
                  Did you have a work permit, an employment authorization to do 
      this work? 
      A. 
                  No. 
      Q. 
                  Where did you travel in Canada? 
      A. 
                  All over. East coast, West coast, all over. 
      Q. 
                  Did you know anybody in Canada? 
      A. 
                  Yes. 
      BY 
      MINISTER'S COUNSEL 
      (to member) 
      - 
                     That's all my questions. 
      A. 
                  Thank you. 
      BY 
      MEMBER 
      (to person concerned) 
      - 
                     Madame Powell, has ended her presentation of evidence, and 
      she believes that your testimony is sufficient to establish the well-foundedness 
      of the allegations brought against you. 
      Q. 
                  Is there anything you would like to add on your side? 
      A. 
                  I don't have any question, but I have a few things to say if 
      your honour is willing to hear it. 
      - 
                     Go ahead. 
      A. 
                  I would like to say first of all that I really appreciate and 
      love your country. I think it’s one of the greatest country in the world 
      if you look at it, and I travelled a great, a lot. I travelled a lot so I 
      can tell the difference between a state to another. Since I started 
      working with this here I had a lot of ideas and lot of thoughts about 
      opening here a business in Canada. I do not want to get a Canadian 
      citizenship. I would like to spend the rest of my life in Israel. I'm 
      satisfied with my citizen, my Israeli citizenship and yet I think that 
      Canada has a lot to offer to foreign investors. And I think that me with 
      my, if I can say, talent and my will to work, I can help Canada a lot.
      
       
      - 
                     But this, Mr. Laniado, you’ll have to do through the proper 
      channels. 
      A. 
                  I know. That’s... 
      - 
                     That is you’ll have to file for permanent residency... 
      A. 
                  A week in advance. 
      - 
                     ...at an embassy. 
      A. 
                  A week in advance to the incident, to the arrest, actually I 
      started doing some, going to lawyer and this and that to try and open a 
      business. Legal business, to stop doing the monkey business stuff, and to 
      open it legally to pay taxes like everyone else and do everything right, 
      on the right way. I’m aware that what I have done is wrong and I can see 
      why the Canadian government is doing us this hearing and eventually will 
      probably send us to our main land. 
      - 
                     Yes. 
      A. 
                  I would like to at least have the opportunity to say that I 
      would like some day to come back to Canada, and on a legal permit, of 
      course, to open a business and to try and do something which I know can be 
      very nice here. Can help me, can help Canada, can help the people of 
      Canada. Because after all Canada is a growing country and you need both 
      young men to work here, or women. And I would like to add something else 
      that is relative to this case, if I can. 
      - 
                     Yeah. 
      A. 
                  That when we got arrested, so eventually when we set off to 
      our homes, (inaudible) so some of our belongings wasn't returned to us. I 
      had a wallet, a leather wallet, 35 dollars inside the wallet with two 
      credit cards, two debit cards, an Israeli Driving License, my 
      International Driving License. 
      Q. 
                  Those documents were seized by the cops, by the policemen? 
      A. 
                  They weren't seized. They were, I have downstairs you can, 
      over here maybe you can see photographs of all these documents. But 
      somehow they weren't returned to me. I came here, we were released on 
      Friday evening. Saturday, Sunday I came here there was no one here. There 
      was no one to talk to. I left messages. 
      - 
                     Okay, okay. 
      A. 
                  Impossible. And right now nobody finds it by the way. 
      Q. 
                  Oh, the documents are lost? 
      A. 
                  The documents are here, but my credit cards, my Driving 
      License, I don't have any four or five... 
      Q. 
                  Where are those documents? Do you have them on file? 
      A. 
                  The police and the immigration blame each other for losing 
      them. Basically it's... 
      - 
                     Well… 
      A. 
                  Right now when you seize all the money. 
      - 
                     Yeah. 
      A. 
                  And all my documents and my passport is here, in Canada I’m 
      stuck. 
      - 
                     Unfortunately, I cannot intervene in this matter, but I 
      understand your concerns and you will certainly have to inquire before 
      immigration and the policeman in order to find out what happened to those 
      cards. And someone will have to certainly answer and give reasons why 
      those cards have suddenly disappeared. That's all I can say on this. 
      A. 
                  I'm not saying for anything other than reason that right now I 
      don't have any ID. I can... 
      - 
                     No, ... 
      A. 
                  Because my family... 
      - 
                     ...immigration has seized your passport. The passport will 
      be returned to you when you will leave Canada. 
      A. 
                  But the thing that until then I don’t have anything. A few 
      days ago I was pulled over by a cop. It took almost three hours until, 
      like for a traffic violation. 
      - 
                     Yes. 
      A. 
                  ...it took two hours until he finally understood who I am, 
      what am I doing here, and what can he do to me or whatever. He could 
      arrest me immediately if he wanted. He was just nice trying to solve this 
      thing in a good way. I don’t have any credit cards, so I need to make new 
      ones. I cannot do it. I don't have any ID. I don't have any money. I 
      cannot get any Western Union money transfers. And please get me my 
      passport back. I'm not asking you to find the wallet, but any kind of ID. 
      I’m not gonna run from Canada with anything.  I have bond of 
      fifteen-thousand dollars. 
      - 
                     Yes, Mr. Laniado, this will have to be discussed with 
      immigration. I cannot order immigration to return you the passport. 
      They’re the only ones who are to decide on whether they will keep it on 
      their file or they will return it to you. Okay. But I’m sure Madame Powell 
      is taking good notes of what you’re saying at this time, and I hope 
      immigration or the policemen will be able to trace your credit cards and 
      the rest of your belongings. 
      A. 
                  Thank you, sir. 
      - 
                     Mr. Laniado, the evidence adduced during the course of 
      today's admissibility hearing consisted of your sole testimony which 
      reveals at first that you are a citizen of Israel by birth in that country 
      on February 7th, 1979. You are not a Canadian citizen nor a permanent 
      resident of Canada, and this is sufficient for me to conclude that you 
      have no right to remain into country. 
      
                      Now, you testified having entered Canada, on March 23rd, 
      2003, at Toronto.  At that time you said, you told the examining 
      immigration office at the Port of Entry that you were coming here as a 
      tourist. You also said during the course of today’s admissibility hearing 
      that this was, as a matter of fact, the sole reason for you coming to 
      Canada. You said it was the sole reason for your coming to Canada when the 
      question was asked of you. 
      A. 
                  Ah, to travel. 
      - 
                     Yeah. 
      A. 
                  Ah, yes. 
      - 
                     Now, you got arrested on the 12th of September 2003, and 
      you have now admitted that you've been working in Canada as a supervisor. 
      You're getting between two to three, or thirty-five-hundred a month, plus 
      you have expenses that are being paid. That is your cell phone, 
      accommodation, vehicles, fuel and all that kind of things. You never asked 
      for nor obtained a working authorization. 
      
                      You said that prior to your coming to Canada, you had seen 
      ad in a newspaper in Israel and you called someone, met you in Tel Aviv 
      and discussed what the work was all about. And because of your 
      qualifications, it was determined that you would not act as a salesman 
      door to door but you would rather supervise a team of salesmen. And you 
      started working eight weeks after your arrival in Canada. 
      
                      Having fully considered the evidence before me, I find, 
      Mr. Laniado, that you are a person described in Paragraph 41(1)a) of the
      Immigration and Refugee Protection Act in that, on the balance of 
      probabilities, there are grounds to believe you are a foreign national who 
      is inadmissible for failing to comply with the Act through an act 
      or an omission which contravenes directly or indirectly a provision of the
      Act, and that is the requirement of Section 30 sub (1) which states 
      that you cannot work in Canada unless authorized to do so under the Act. 
      
                      Now, there was another allegation to the effect that, on a 
      balance of probabilities, you would be inadmissible for misrepresentation 
      of a material fact. You said that when examined at the Port of Entry you 
      told the immigration officer you were coming here in order to sightsee the 
      country. And you answered Madame Powell’s question by saying that this was 
      the only reason why you had come here. However, when considering that 
      prior to initiating your trip to Canada, you contacted someone who had put 
      an ad in a newspaper about work in Canada. So to inquire about the details 
      of that job, you even met with the person who, following discussions, has 
      offered you to be a supervisor rather than selling paintings door to door. 
      So I think in all likelihood you weren’t only coming here to sightsee 
      Canada, but you were coming here so to engage in employment as well. Maybe 
      doing both at the same time. But you also had the intention of engaging in 
      employment since you had already... you have already discussions prior to 
      your coming to Canada about this kind of job. 
      
                      So I find that the second allegation is also established 
      on a balance of probabilities, and consequently I am hereby making an 
      Exclusion Order against you. And this will mean that you will be removed 
      from Canada. You will be called to leave, and you will be prohibited from 
      coming back to Canada for two years. 
      A. 
                  For two years. 
      - 
                     For two years you can't come back. If you want to come back 
      though, you may come back within that two year period of time, but you 
      need to obtain the Canadian Immigration Minister's written consent which 
      could be obtained any Canadian Embassy in any country where Canada has a 
      delegation. 
      A. 
                  In how much time should I leave? 
      - 
                     This immigration will tell you how long they’ll give you to 
      make arrangements and leave the country. Okay. 
      
                      Today’s hearing is now terminated. I’ll have you sign the 
      order. The transcripts of the deportation hearings of the art students are revealing. Former and well-educated former members of the Israeli military acted as if they never knew it was against the law to work in another country without a permit. There were references to an unnamed “boss” who lived in the United States and owners of the art selling operation who wanted to avoid run-ins with law enforcement. Perhaps the art students in Canada were merely unaware but couple the Canadian art operation with the American operation carried out just two years prior and a pattern of deception emerges. The motto of the Mossad is noteworthy when pointing to its foreign operations: “By way of deception, thou shalt do war.” There was an interesting postscript to the Israeli espionage activity in the United States before, during, and after 911. In December 2004, it was reported that a former senior U.S. government official, commenting on the FBI’s raid of AIPAC’s Washington offices, stated that in 2001 the FBI discovered a “massive” Israeli espionage operation on the East Coast, specifically including New York and New Jersey.[104] National Security Adviser Condoleezza Rice and her deputy Stephen Hadley were both briefed on the FBI investigation of Israeli espionage in the United States shortly after they took office in early 2001.[105] A Justice Department source confided that it was Attorney General John Ashcroft who personally ordered the investigation of the Israelis stopped in the months prior to 911 – a decision that proved fateful for the thousands of people who perished on September 11. _______________ Notes: 
			[1] Anna Werner, “Federal 
          Buildings Could Be In Jeopardy - In Houston and Nationally; Government 
          guards have found so-called students trying to get into secure 
          buildings, KHOU-TV 11 News, October 1, 2001. [2] Ibid. [3] Brett Shipp, “News 8 Investigates ‘Art Students,’” October 3, 2001. 
			[4] Neil Mackay, “Five 
          Israelis were seen filming from the van on the right as jet liners 
          ploughed into the Twin Towers on September 11, 2001. Were they part of 
          a massive spy ring which shadowed the 911 hijackers and knew that 
          al-Qaeda planned a devastating terrorist attack on the USA?” Sunday 
          Herald, November 2, 2003, p. 1. [5]Jim Galloway, “Innocent Israelis Caught Up in Arrests,” Palm Beach Post, November 18, 2001, p. 21A. [6] Information from East Rutherford Police Department. [7] John Miller, “Five Israeli men arrested soon after 911 might have been working for Israeli intelligence, but likely did not know beforehand about the attacks,” ABC News, 20/20, June 21, 2002. [8] Confidential source, Larimore Associates. [9] Confidential sources, Jersey City Police Department. [10] “911 Tapes tell Horror of 9/11,” WNBC-TV, June 17, 2002 <http://www.wnbc.com/news/1315651/detail.html> [11] Management and residents of Liberty State Park Marina and personnel of Liberty State Park Water Taxi. [12] Repeated phone calls, October 2004, with Liberty State Park and Department of Environmental Protection officials. [13] East Rutherford Police information. [14] Ibid. [15] Paulo Lima, “Five Men Detained as Suspected Conspirators,” The Record (Bergen County), September 12, 2001. [16] Interviews with residents of “The Shades,” the Weehawken neighborhood where Urban Moving Systems was located. 
			
			[17] 
          Miller, op. cit. 
			
			[18] 
          Lima, op. cit. 
			
			[19] 
          Doug Saunders, “U.S. 
          arrests of Israelis a mystery 
			Most charged with immigration violations 
          either have been deported or will be,” Globe and Mail 
          (Toronto), December 17, 2001, p. A7. 
			
			[20]Robert 
          Rudolph, Kate Coscarelli, and Brian Donohue, “Evidence takes 
          investigators through Wayne and Fort Lee,” Newark Star-Ledger, 
          September 15, 2001. [21] Interviews of Union City and Weehawken witnesses to 911 attack, October 2004. [22] “Car bomb found on George Washington Bridge,” Jerusalem Post, September 12, 2001. [23] Interviews in Jersey City, October 2004. [24] Miller, op. cit. 
			
			[25] First Amended 
          Complaint, filed September 14, 2004 U.S. District Court, Eastern 
          District of New York, 04 Civ. 3950 (JG) (CP). [26] Galloway, op. cit. [27] John Miller, op. cit. [28] Confidential information. [29] Miller, op. cit. [30] John Miller, op. cit. 
			
			
			[31]
			
			Marc Perelman, “Spy 
          Rumors Fly on Gusts of Truth; Americans Probing Reports of Israeli 
          Espionage,” The Forward, March 15, 2002.[32] John Miller, op. cit. [33] Mackay, op. cit. [34] <http://www.ncix.gov/news/2001/mar01.html#a1> [35] Philip Shenon, “FBI and Ashcroft to Come under Fire,” International Herald Tribune, April 6, 2004. [36] Jim Stewart, “Ashcroft Flying High,” CBS News, July 26, 2001. [37] John Daly, “UPI Hears,” June 13, 2005 < http://washingtontimes.com/upi-breaking/20050613-102755-6408r.htm? [38] Edward Alden, “White House publicizes CIA briefing to Bush,” Financial Times, April 11, 2004. [39] A Roy Laniado surfaced as a team leader with regard to Israeli art students arrested in Canada in 2003. Roy Barak, a driver for Urban Moving Systems, was arrested on September 12, 2001 by police in Pennsylvania. [40] Bob Holliday, “Fundamentalist link in cheap art scam?” Winnipeg Sun, August 8, 2004, p. 6; Paul Cowan, “Door-To-Door Scam ‘Artists’ Busted; Local Art Dealers Warn Of Cheap Reproductions,” Edmonton Sun, August 8, 2004, p. 6. [41] Carl Cameron, Fox Special Report with Brit Hume, December 13, 2001; Wayne Madsen, “Homeland Security, Homeland Profits,” CorpWatch, December 21, 2004. < http://www.corpwatch.org/issues/PID.jsp?articleid=1108> [42] Administrator refers to Asa Hutchinson, the then DEA Administrator. He subsequently was named as the Deputy Secretary of Homeland Security under Secretary Tom Ridge. [43] Swissinfo Web Site, “Swiss court begins hearing charges in case of Israeli secret agent,” July 3, 2000. [44] “Cyprus reportedly refuses to hand over suspected Mossad agents,” Ma’ariv (Tel Aviv), December 29, 1998; Uzi Mahnaimi, “Mossad moves to re-open UK spy base,” Sunday Times (London), April 5, 1998. [45] “Israeli National Charged in Spy Case,” Sun-Sentinel (Fort Lauderdale, FL), July 11, 1999. [46] Noam Sharvit, “AMDOCS exec questioned in industrial espionage,” Globes Online (Israel), May 31, 2005 <http://www.globes.co.il/serveen/globes/docview.asp?did=919329&fid=942> [47] “Spyware espionage ring cracked; Israeli companies infiltrated by Trojans,” Reuters, June 1, 2005. [48] DEBKAFile Special Update, May 29, 2005; David Stringer, “Israel Extradition: Couple Remanded in Custody,” The Scotsman, May 26, 2005. [49] Patrick O’Connor and Jonathan E, Kaplan, “Wi Fi fight involves Abramoff,” The Hill, March 3, 2005, p. 11. [50] Ibid. [51] Mary Jacoby, “Friends in high places; Sami Al-Arian isn't the only prominent Muslim leader who posed for chummy pictures with President Bush. Many conservative Republicans are uneasy at the way GOP power broker Grover Norquist curries support from the Muslim community,” St. Petersburg Times, March 11, 2003. [52] Michael Isikoff and mark Hosenball, “Who, and What, Does He Know? New evidence suggests that a leading Muslim spokesman in the U.S. associated with terror suspects,” Newsweek, October 1, 2003. [53] Brian McWilliams, “Instant Messages To Israel Warned Of WTC Attack,” Newsbytes, September 27, 2001. [54] Confidential information from World Trade Center and New York-New Jersey Port Authority Police. [55] Carl Cameron, Fox Special Report with Brit Hume, December 11, 2001. [56] Gordon Thomas, “Bush: The Ignored Warning That Will Come to Haunt Him,” Globe-Intel, May 21, 2002. <http://www.gordonthomas.ie/104.html> [57] Doug Moe, “Israeli Spies Lurking in State?” The Capital Times, May 10, 2002, p. 2A. [58] Randy Ellis, "Four Israelis deported after Tinker incident," Daily Oklahoman, March 8, 2002. [59] UPI Hears, March 2, 2002. <http://www.upi.com/view.cfm?StoryID=06032002-121706-8744r> [60] The 9:20 AM entry was an obvious typographic error and likely should have been 8:20 AM because at 8:46 AM, Flight 11 crashed into the North Tower of the World Trade Center. The shooting of Lewin at 8:20 AM was simultaneous to the time that Logan Airport flight control determined that Flight 11 had been hijacked. A gunshot report by the flight attendant may have contributed to that determination since all communications with the cockpit had ceased at around 8:15 AM. The FAA memo was prepared at 5:31 PM Eastern Daylight Time at the end of a working day when most of Washington’s government employees had evacuated the city in panic and confusion; ABC News Prime Time Thursday, “Calm Before the Crash Flight 11 Crew Sent Key Details Before Hitting the Twin Towers,” July 18, 2002. <http://abcnews.go.com/sections/primetime/DailyNews/primetime_flightattendants_020718.html> [61] Under the Computer-Assisted Passenger Pre-Screening System (CAPPS), “selectee passengers” were those subject to additional security screening. A selectee passenger was identified based on a lack of knowledge about him or her, use of cash to pay for a ticket, and other parameters. While two women with common names, Adams and Miller, were “selected,” the hijackers apparently boarded Flight 93 without any arousal of suspicion. 
			
			[62] 
          Saunders, op. cit. [63] Jerry Markon, “FBI Tapped Talks About Possible Secrets,” The Washington Post, June 3, 2005, p. A07. [64] Cindy Gonzalez, “Mall kiosk probe ends in Israelis’ deportation,” Omaha World Herald, February 9, 2005, p. 5B; Cindy Gonzalez, “Mall kiosk probe ends in Israelis' deportation An Israeli man was accused of using illegal "tourist" workers,” Omaha World-Herald, February 8, 2005, p. 5B. 
			
			[65] 
          Werner, op. cit. [66] U.S. Coast Guard Marine Safety Office, Corpus Christi, Intelligence Bulletin, TIN #7, January 17, 2002. [67] J. R. Gonzalez, “FBI is looking into person taking photos of refinery; snapping pictures is fairly common, authorities say; patrols increased since man spotted doing so Nov. 22,” Corpus Christi Caller Times, December 14, 2001, p. B1. 
			[68] “Two Groups of 
          Middle Eastern Invaders Caught in Cochise County in Past Six Weeks,”
          	Tombstone Tumbleweed, < http://www.tombstonetumbleweed.com/tombstone/default.asp#iframe1> 
			[69] Homeland Security, 
          Homeland Security Operations Center, 
			Homeland Security 
          Operations Morning Brief, 27 September 2004. 
			
			 [70] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 29 September 2004. [71] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 30 September 2004. [72] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 14 October 2004. [73] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 19 October 2004. [74] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 26 October 2004. [75] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 9 December 2004. [76] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 28 December 2004. [77] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 30 December 2004. [78] Homeland Security, Homeland Security Operations Center, Homeland Security Operations Morning Brief, 5 January 2004. [79] Pete Donohue, “MTA has a secret film file,” New York Daily News, July 27, 2005. [80] Sheila K. Stogsdill, “FBI familiar with mysterious traveler,” The Daily Oklahoman, October 5, 2004, p. 6A. [81] Michael Shinabery, “New Mexico Police Stop Israelis with Suspicious Cargo,” Alamagordo Daily News, May 19, 2003. [82] Mitch Lipka, “Rogue movers increasingly rip off consumers,” Philadelphia Inquirer, February 1, 2003. [83] Mike Barber, “Case of Whidbey Island ‘terrorists’ is a dud, FBI says,” Seattle Post-Intelligencer, May 14, 2002. [84] Ibid. [85] News4Jax.com, “King’s Bay Naval Base Locked Down,” May 21, 2004; Associated Press, “Suspicious Moving Van Prompt King’s Bay Shutdown,” May 23, 2004. [86] Associated Press, “Israeli men arrested after high-speed chase in Unicoi County,” May 10, 2004; Julie Ball, “Contents of Vial Linked to Israelis Not a Threat,” Asheville Citizen-Times, May 12, 2004. [87] Michelle Mowad, “2 found with video of Sears Tower,” The Mercury, October 17, 2001. [88] Confidential information. [89] Martin Merzer, Curtis Morgan, and Lenny Savino, “Wanted By FBI: Still More Suspicious Men With Israeli Passports, Box-Cutters, Oil Pipeline And Nuclear Power Plant Plans,” Miami Herald, October 3, 2001. [90] Jim Galloway, “Israelis trapped in terror roundups cause worry at home, anger at U.S.,” Atlanta Journal-Constitution, November 18, 2001, p. 15A. 
			[91] “La 
          PGR Informa Sobre La Situación De Los 
			
			Sujetos Detenidos En La Cámara 
          De Diputados,” Justice Department of Mexico, October 12, 2001. 
			 < http://www.pgr.gob.mx/cmsocial/bol01/oct/b69701.html>; Ernesto Cienfuegas, “Army general and head of the PGR releases two Israelis arrested with guns and explosives inside the Mexican Congress,” La Voz de Aztlan, October 15, 2001. [92] Knut Royce, Peter Eisner, and Timothy M. Phelps, “Gacha Got Assault Rifles From Israel; Weapons sold to Antigua found at druglord’s home,” Newsday, May 23, 1990, p. 4. [93] Fran O’Sullivan and Bridget Carter, “Government demands Israel return any bogus passports,” New Zealand Herald, April 19, 2004. [94] Yossi Melman, “NZ: 2 more passport suspects may have fled to Israel,” Ha’aretz, July 25, 2004 < http://www.haaretz.com/hasen/spages/455480.html> [95] Francis Till, “Fourth ‘Israeli Spy’ a Kiwi Academic,” National Business Review (New Zealand), July 24, 2004 < http://www.nbr.co.nz/home/column_article.asp?id=9690&cid=5&cname=Asia%20&%20Pacific> [96] Yossi Melman, “Canada to probe use of its passport in New Zealand affair,” Ha’aretz, August 1, 2004. [97] “Aussies Tight-Lipped Over Israeli Diplomat's Departure,” New Zealand Press Association, February 6, 2005. 
			[98] Subir Bhaumik, 
          “Aborted Mission; Investigation: Did Mossad attempt to infiltrate 
          Islamic radical outfits in South Asia?” The Week (India), 
          February 6, 2000. 
			 < http://www.the-week.com/20feb06/events2.htm> [99] Ibid. [100] “Don’t Ignore Spy Ring,” Albuquerque Journal, March 8, 2002, p. A14. 
			[101] 
			John Steinbachs 
          and Andrew Seymour, “Nine Israelis Face Deportation; Spy Agency 
          Suspects They May Be Foreign Agents,” Ottawa Sun, September 19, 2003, 
          p. 8. [102] Paul Cowan, op. cit., Edmonton Sun, August 8, 2004, p. 6. [103] Holliday, op. cit., Winnipeg Sun, August 8, 2004. [104] Richard Sale, “FBI Steps Up AIPAC Probe,” UPI, December 9, 2004. [105] Richard H. Curtiss, “New Spy Investigation Supressed at Crucial Juncture,” Washington Report on Middle East Affairs, November 2004, pp. 26-27. |