A Quebec lawyer filed “identical cut and paste” bogus claims for 41 refugees, showing “gross and egregious incompetence” and causing a miscarriage of justice, according to a Federal Court judge.
The case has sparked an investigation by the Canada Border Services Agency, court heard, into the allegedly wide use by a law firm of copying a false refugee story into what is supposed to be a personal narrative of an asylum seeker’s history and troubles at home.
Court heard one lawyer submitted a similar or same narrative in 23 cases for 41 refugee claimants.
A long list of complaints about the legal representation for two clients making asylum claims to the Immigration and Refugee Board are itemized in a court ruling granting a new refugee determination for a couple seeking protection in Canada.
“I am of the opinion that this case is one of those ‘extraordinary circumstances’ where counsel’s incompetence amounts to a breach of procedural fairness,” Justice Denis Gascon wrote in a decision published Tuesday.
“I conclude that the incompetence of (the claimant’s) former counsel resulted in a miscarriage of justice and amounted to a violation of their right to procedural fairness.”
The lawyer named in the ruling is Louis Nadeau of Montreal.
Requests for comment from Nadeau, left by phone and email by National Post, were unanswered prior to deadline. Barreau du Québec records show he was called to the bar in 1999.
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