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IMMIGRATION AND REFUGEE BOARD

- IMMIGRATION DIVISION -

REASONS

Reasons of a Detention Review held under the

Immigration and Refugee Protection Act, concerning

TERESA MICHELLE GRATTON

HEARING: PUBLIC

HELD AT: Vanier

DATE: October 11, 2017

BEFORE: Karen Greenwood - Member

APPEARANCES:

Teresa Michelle Gratton - Person Concerned

N/A - Counsel
Mr. Singh - Minister’s Counsel
N/A - Interpreter
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REASONS

MEMBER: This is the decision and the reasons in the detention review concerning Teresa
Michelle Gratton.

This is a public hearing.

Ma’am, I am not going to be issuing an order for your release this afternoon for the following
reasons:

You are not a Canadian citizen but you are a permanent resident of Canada.

You are also a citizen of the United States of America.

You have been detained since September 29, 2017, on the ground of flight risk pending an
admissibility hearing.

By way of updates, Minister’s counsel has advised me that the admissibility hearing disclosure
materials have been served on all the parties and that the admissibility hearing is anticipated to be start
out shortly.

The Minister is opposed to the alternative.

PERSON CONCERNED: I --- I have …

MEMBER: The Minister is opposed to the alternative that it is being proposed today.

You have indicated that your husband and son never told you about immigration coming and
otherwise you would have certainly gone to the interview.

You complied with all the obligations imposed on you but (inaudible) criminal --- criminal surety
and you have also complied with your probation.

You want to be with your family.

You are prepared to leave Canada if you are in fact --- is in fact something that you have to do
and you are prepared to abide by conditions.

Now based on the information before me which does include the information that we have heard
today from the two proposed bondspersons as well as the submissions that I have heard from both parties,
and the information on your file from your previous detention review, and I do note actually I…

Do you have disclosure for Ms. Gratton?

MINISTER’S COUNSEL: (Inaudible).

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MEMBER: The --- the detention review disclosure?

MINISTER’S COUNSEL: Yes.

MEMBER: Okay.

I am going to make that disclosure as Exhibit DR-1.

It consists of (inaudible) a statutory --- a notice of arrest, a statutory declaration that lists your
criminal history as well as a list of your brief questions and answers with an arresting officer I believe.

PERSON CONCERNED: I have with me (inaudible) also suppose to be checking

(inaudible) that you talked about for bail for me.

MEMBER: Okay.

All right, so this is an eight-page document, I am going to mark as Exhibit DR-1.

So based on the information in DR-1 as well as submissions that I have heard today, and the
information on your file from your previous detention reviews, I am satisfied that you are unlikely to
appear for an admissibility hearing which is a process that may result in your --- a deportation order being
issued against you and your lawful status.

And I find there are clear and compelling reasons to depart from the findings of Member
Stratigopoulos in this regard and he presided over your first detention review.

You have been a permanent resident.

You have got ties to the community here.

Your spouse, your son is here, your daughter-in-law.

You have got according to you limited ties to the United States at this time.

You are facing a very serious hearing that may result in the loss of your status here in Canada
without right of appeal to the Immigration Appeal Division.

You failed to appear for 44-report interview when you were called to do so.

And your criminal history frankly demonstrates a disregard for the law of this country.

I also note that there are some suggestion that you struggled with substance abuse, which does
impact your reliability, okay.
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So I am satisfied on balance based on your previous history that if I were to release you on your
own promise to appear which is essentially the only proposal that is on the table right now that you would
be unlikely to appear for a process that may result in your removal, okay.

Now at this time, your detention has not been unduly lengthy.

This is your seven-day detention review.

I am not persuaded that you are facing a lengthy detention moving forward.

Minister’s counsel has told me that all parties have the admissibility hearing package.

The hearing should occur in short order.

So you are not facing a lengthy detention moving forward.

At this time, I do not find that there are any delays or lack of diligence on the part of the Minister.

I find that the alternative proposed today frankly is just --- is just not suitable.

I do find that you would need supervision at least somebody who would be willing or able to put
some of their own personal money on the line or risk something other than just a promise. Okay.

Both your husband and your future daughter-in-law, although I find them extremely well
intentioned and honourable people, have --- there is no --- nothing in their personal finances that they are
able to risk at this point.

And I --- I will really need that or profess --- or the professional supervision of the Toronto Bail
Program because I do find particularly with the substance abuse issues and the past history of not showing
up for things.

I do not know if it is a case that your husband told you and you either forgot or did not want to go
or he just did not tell you that there is a problem with communication there and obviously that has not
worked in the past. Okay.

I am also concerned that he really did not seem to have that much of an understanding of what
you are currently facing.

He did not really seem to understand that you ultimately could be facing a loss of status and
removal from Canada neither did your (inaudible).

PERSON CONCERNED: (Inaudible) leave Canada today and go…

MEMBER: I am giving my decision now.

PERSON CONCERNED: (Inaudible).

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MEMBER: So it is my --- actually my turn to speak.

PERSON CONCERNED: Okay.

MEMBER: Jone (ph) did not understand as she (inaudible) up until recently that that you had
immigration issues at all either.

So I am concerned that although I find that they are well intentioned I do not find that they have a
full picture, and I do not find that there was anything personally for them at risk for your compliance or
lack thereof.

So I do not find that this is a viable alternative on its own.

Perhaps with the assistance of the Toronto Bail Program and I do urge the Minister to consider
your referral and the Minister is saying he has already indicated that he will be doing that.

So hopefully in the near future someone from the Bail Program will speak with you and they will
be willing to offer you supervision.

And in the absence of something that would actually be meaningful in terms of supervision, I do
not find that this alternative is a meaningful or viable one.

So I am going to order your continued detention pursuant to section 58(1)(b) of the Act.

I will schedule your next detention review for November 8 at 1:30 in the afternoon.

At that time, one of my colleagues will review the reasons for your continued detention.

Thank you.

This hearing is concluded.

----------REASONS CONCLUDED----------

I HEREBY DECLARE THAT THIS IS A TRUE

TRANSCRIPT OF THE RECORDING AND THAT I HAVE
SWORN THE OATH OF SECRECY

_______________________________________
Heather Sutherland – Transcriptionist
For DigitScribe Inc.
Security # 95528257-0000759121
October 17, 2017