On successfully withholding the information that there was an 11-month old application for Canadian citizenship in process, Timothy Durkin’s council has been successful in having Durkin’s admissibility hearing adjourned. Durkin applied for his Canadian citizenship sometime in January 2020. His lawyer E. Olmstead did not include this information during the proceedings, saying it was not her job to demonstrate that he wasn’t a Canadian, that that was on the Minister.
From paragraph 3 of the December 22, 2020 ruling:
Amidst discussions about arranging dates for the parties to submit their written arguments information arose that Mr. Durkin had made an application for Canadian citizenship. He advised that this application was filed with IRCC sometime in January 2020, but a decision had yet to be rendered. When questioned as to the type of application that had been filed, Mr. Durkin’s counsel advised that this was a “complex application” consisting of three different prongs. Mr. Durkin is claiming that he is a Canadian citizen under section 3 of the Citizenship Act, that (if he is not already a citizen) he should be granted Canadian citizenship under section 5 of the Citizenship Act and that the interpretation of the term “citizenship” is contrary to the Canadian Charter of Rights and Freedoms in some fashion, the basis of which was not put before this Tribunal.
(From paragraph 6) Mr. Durkin’s application was filed with IRCC approximately 11 months ago in January 2020 and it is reasonable to allow the IRCC time to determine Mr. Durkin’s citizenship application before proceeding further with his admissibility hearing. The outcome of Mr. Durkin’s citizenship application may help to determine the admissibility hearing
(From paragraph 8) The next sitting of this matter will be a mid-hearing conference to be held on a mutually agreeable date in April 2021.
If Durkin’s citizenship application is granted, then this hearing becomes irrelevant and will be dropped. Canadian citizens cannot be subjected to deportation.
- Department of Immigration, Refugees and Citizenship Canada (“IRCC”)
- The Minister of Public Safety and Emergency Preparedness and The Canada Border Services Agency (CBSA), represented by M. Cooke
- Timothy Durkin, represented by E. Olmstead
- Tribunal member, Immigration and Refugee Board of Canada (IRB): Trent Cook
The most recent article on this particular matter
The CBSA has been interested in Mr. Durkin since at least 2018, as covered in this SPN article Canada Border Services claims manager of Sooke Harbour House is wanted for fraud (Nov 2, 2018). The highlights of that article are as follows.
American court documents (Case 1:13-cr-00117-WS-C Document 224 Filed 07/26/16) show that on December 20, 2013, following a jury trial, David Petersen was on trial for his own participation in a Ponzi scheme along with Yaman Sencan, Stephen Merry and by accusation Tim Durkin, that resulted in the diversion of $1.5 million from investors/victims into defendants’ pockets.
Referred to as the “fugitive defendant,” Durkin, while never tried, was mentioned throughout the trial of Petersen. “[T]he Government did not prove up a different conspiracy omitting the fugitive defendant, Tim Durkin, but rather ‘mentioned Durkin’s participation in the scheme throughout the trial’.”
Again, according to the above 2013 court document, the FBI had filed an Interpol Red Notice and entered an arrest warrant into NCIC in an attempt to apprehend fugitive defendant Tim Durkin.
It is important to note that Durkin, while indicted was never apprehended, was not tried, and has not been convicted of any crime. Many instances of alleged criminal activity occurring in Sooke have been reported to the Sooke RCMP, but they have yet to lay charges on anything.
- Timothy Durkin’s admissibility hearing adjourned until April 2021
- Court costs waived for Philips (plus a few choice descriptors of Durkin)
- Application for Special Costs on hold for Gregory; Durkin ends with arguments, accusations and self-pity
- Basran rules: Philips’ lawyers awarded proceeds from sale of Sooke Harbour House, Durkin denied
- Timothy Durkin feels dropped 10,000 feet into a battleground (of his own making)
- Timothy Durkin among those asking for money on the sale of Sooke Harbour House
- “You wasted my time” Kicking the can down the road continues for Timothy Durkin; no decision, more delay
- Scheduled admissibility hearing for Timothy Durkin obfuscated, observers on trial
- “Garden variety bully” Durkin found responsible, directly held liable for $4M
- Former manager of a Sooke hotel sues Facebook for $50Million
- Sooke Harbour House sells for $5.6M in court-ordered sale
- Rumour confirmed, owner of Sooke PocketNews being sued
- Opportunity to appeal definitively denied, Durkin’s deportation hearing to proceed
- Courts rule against Tim Durkin’s request to have a deportation hearing overturned
- Canada Border Services claims manager of Sooke Harbour House is wanted for fraud