10 Former inn manager acquitted on immigration charges other simple checks that can be by Tod Strachan Former Terrace Inn manager Robert Q, Smith is a free man after appearing in Terrace Pro- vincial Court. Smith was charg- ed under section 96 of the Immi- gration Act in Terrace last March for "knowingly hiring a U.S. citizen". Judge Ed deWalle, however, described the Crown’s evidence as "weak" and the charges were dismissed. The charges were filed by RCMP on information provided by a Canada Employment and Immigration employee after it was discovered piano player James Scott Cocalis, also known as Glen Fossum, was in fact a U.S. citizen working in Canada without a legal permit. His freedom, though, cost Smith, now a hotel manager in Grande Prairie, Alberta, around $2,000 in travel costs, legal fees, and time off work for two sepa- rate appearances in Terrace Pro- vincial Court to clear his name. With that in mind, and the fact a conviction under Section 96 of the Immigration Act could cost an employer a $5,000 fine or two years in jail, local. business- men and private individuals may be interested in his story. Cocalis, or at least Glen Fos- sum, gained recognition in Ter- race after performing in the Royal Canadian Legion and a few other local establishments. Smith liked what he heard. The young pianist was talented, and according to information pro- vided by Cocalis himself, a B.C. boy, born and raised in Kam- loops. So as manager of the Terrace Inn, Smith hired pianist Glen Fossum in April, 1990, as an entertainer in the hotel lounge. . In the hotel business, it is Standard practice to employ musicians on a cash basis. No questions asked, There are no formal job applications. No forms to fill out. The entertainer simply proves his ability, and then makes his appearance when and where agreed. When his work is done, he gets paid. And for Smith, there was noth- ing unusual about hiring Fossum in exactly that manner to enter- tain in Augie’s Lounge at the Terrace. Inn. Fossum entertained hotel customers there for almost a year, earning $21,113.33 in cash. But in mid-February of this year, the bubble burst. Fossum was charged with break and enter and assault and arrested by Terrace RCMP. The matter wound up in court and it was there that. the truth came out. Glen Fossum was not Glen Fos- sum at all. He was James Scott Cocalis, a U.S. citizen who had previously been convicted for criminal acts in Florida, and for whom there was a U.S. warrant for his arrest on other charges. Cocalis was sent to Vancouver for an immigration inquiry and subsequently deported. Smith was charged for knowingly em- ploying a person who was nol a Canadian citizen and not au- Terrace Review —- Wednesday, November 13, 1991. thorized to work in Canada. On § Aug. 9 Smith travelled to Ter- race to enter a not guilty plea. On Oct. 24 he returned for his trial. Federal Crown prosecutor Jeff [ Arndt called his first witness to the stand, Prince Rupert immi- gration officer Maury Feldstein. Feldstein testified that he had been employed as an immigra- tion officer by Canada Man- power and Immigration fortwo & and a half years, and although he had heard of instances where | : employers had been charged under Section 96 of the Immi- gration Act, this was the first time he had actually laid charges himself. Feldstein interviewed Cocalis at the Terrace detachment of the RCMP on Feb. 15. Subsequent to that interview, Feldstein went to the Terrace Inn to gather evidence and to talk to Smith, who would have been directly involved in the hiring of Cocalis. Under cross examination by defence attorney Jack Talstra, Feldstein said Cocalis first claimed to be a Canadian citizen but later changed his mind and _ admitted he was from the U.S. "You relied on his word?" asked Talstra. . "Yes," "But initially he lied?" "Yes." ; "He said- he was born in Kam- loops?" "Yes." \ "So part of what he said was a lie?" "Yes." "Could his claim to have been a U.S. citizen have been a lic as well? "It could have been." Talstra then asked Feldstein if he had found any documentation that indicated Cocalis was not permitted to work in Canada. Feldstein said he had requested a search and found no record existed for the past 10 years stating that Cocalis was not permitted to work in Canada. Arndt then called his second witness, RCMP Cpl. Bruce Cameron of the Immigration and Passport division in Prince Rupert. Cameron said he became involved in the case in February when he was notified that Ter- race RCMP had a person in custody on a Canada-wide war- tant under the Immigration Act. Cameron never saw Cocalis after that point, but at 1:15 p.m. on March 14 he went to the Terrace Inn to interview Smith. Cameron read Smith his rights and then hand-wrote a four-page. Statement offered by Smith. At the time, Smith cooperated fully, said Cameron, but declined the suggestion that he retain a law- yer. Cameron then examined the hotel records and made photo- copies of receipts showing cash payments to a Glen Fossum. The first receipt was dated April 20, 1990, and the records indicated Fossum had received a total of 39 cash payments. There was no job application form, no record of a Social Insurance Number, Rober: Q. Smith: Out $2, 000 to defend against “weak" evidence. aud no record of Unemployment Insurance or Canada Pension ‘deductions. Following a few brief ques- tions, Talstra made a motion of no evidence. The Crown had not proven Smith was the employer of Cocalis, he said. Although Smith had by his own admission hired Cocalis, there is a differ- ence between someone who hires a person and the actual employer. Smith, in fact, was an employee himself. He worked as the manager of the Terrace Inn for Terrace Hotel Ltd. "Hiring is different than being an employer," he told the court. "The Crown has not shown that the accused is the employer of Fossum. a. Also, Talstra, pointed out, there was no evidence indicating _ that Fossum should not work in Canada. "Feldstein was not able to determine he was not a Cana- dian," said Talstra. "There is ' only an insinuation he was a non-resident." Amdt argued that Smith was the employer of Fossum. He admitted in his own statement that he had hired Fossum as an entertainer for hotel patrons. Judge Ed deWalle didn’t favour either argument. He said he didn’t buy Taistra’s philo- sophical argument on the differ- ence between a person who is an employer and one who. hires someone on behalf of an employer. But, he pointed out, there was no evidence that Fossum was a person other than Canadian citizen or a person not allowed to work in Canada under the Immigration Act. Also, he added, there was no evidence that Smith "knowingly" employed a U.S. citizen who was not authorized to work in Canada. The case was dismissed. - Still, another judge might have viewed the evidence differently. Ignorance is no excuse in the eyes of the law and Smith made no known effort to ascertain Fossum’s nationality or eligibil- ity for employment. An over- sight that could have cost him a hefty fine or a term in jail. Cameron told the Terrace Review after the trial that if Smith had simply asked for and recorded Fossum’s Social Insur- ance Number the incident might never have ended up in court. Assuming Fossum was a U.S citizen, he wouldn’t have had a Social Insurance Number, at least not a legitimate Social Insurance Number, but the legit- -imacy of any number offered is something that can easily be checked. He points out that it is not the employer’s responsibility to determine if a Social Insurance Number is legitimate, but em- ploying someone who cannot provide a number would be a gtave error. And in addition to asking for a Social Insurance Number, there are a couple of made. Ask to sec a drivers licence. Ask for references. Failure to do so could be asking for trouble. Non-Canadians seeking em- ployment here is not uncommon. The tree planting industry has acknowledged that fact and is now making a greater effort to screen their employees. But there are also the mushroom picking and guide-outfitters industries. And there are illegal aliens seeking employment as deck hands, truckers, casual labourers, nannies and cooks. Anyone hiring these people is subject to arrest. This means that anyone hiring people without using a formal job application must take extra precautions to determine the eligibility of potential employees. It’s not just a matter of law; the government énforce- ment agencies’ view is that every illegal resident working here has taken a job from a Canadian, who might be living on Unemployment Insurance or welfare. Cameron urges everyone to become more aware of the prob- lem of non-Canadians working in the Northwest and report any suspicions they might have to immigration authorities or the RCMP. In Terrace The following convictions took. place in Terrace adult criminal provincial court on the dates indicated according to information provided by the court registry. Tuesday, October 29 Harvey William Johnson was fined $500 and given a one-year driver’s licence suspension for impaired driving. Derek Joseph Bolton was sen- tenced to four months in jail and placed on probation for one year for sexual assault. Gordon William Gaspar was fined $300 and placed on proba- tion for one year for aggravated assault. Wednesday, October 30 John Edward McGrath was sentenced to four months in jail for breaking, entering and com- mitting an indictable offense. John Joseph Dignard was fined $100 for assault and $100 for breach of recognizance. Thursday, October 31 Kenneth Edward Dotson was fined $200 for assault. Eric Thibodeau was sentenced to six months in jail for break- ing, entering and commilting and indictable offense. Friday, November 1 Allan John William Gingerich was scnicnced to three months in jail for impaired driving, three months in jail for refusing to provide a breath sample to a police officer, and seven days in jail for failure to stop after col- liding with another vehicle. David Gerald Hall was sen- tenced to 90 days in jail, to be served intermittently, placed on probation for three months and given a two-year driver’s licence suspension for impaired driving. Patrick Rolland Villemarie was fined $300 for obstructing a a police officer. Carmen John Bangay was fined $700 for impaired driving. Ban gay was also fined $400 for driving with a blood alcohol content over the legal limit and prohibited from driving for six months. ‘Samantha Jane McGowan was fined $450 for driving with a blood alcohol content over the legal limit. John Robin Simms was fined $500 and given a one-year dri- ver’s licence suspension for driving while prohibited. Alan Gingerich was sentenced to 18 months in jail for break- ing, entering and committing an indictable offense.