The former manager of Sooke Harbour House is in the midst of a two-day federal admissibility hearing to determine if he should be allowed to remain in Canada.
Timothy Durkin’s hearing is being held because of allegations of serious criminality outside Canada and of organized criminality.
He disputes the allegations.
A virtual hearing started Monday and continues today.
Durkin was indicted in the U.S. in 2013 on securities and wire fraud. He has not stood trial. Three other co-accused were found guilty.
The Canada Border Services Agency has asked the Immigration and Refugee Board of Canada to hold a hearing. If the border agency makes its case and the immigration board decides he is inadmissible to Canada, a deportation order would be issued.
In the case of a permanent resident, that person would see their resident status removed.
Durkin’s citizenship status was raised on Monday.
Such hearings are held when the board believes a foreign national or a permanent resident is not admissible to Canada.
Trent Cook, who will be making the decision after the hearing, said the government’s position is that Durkin is a permanent resident and is not a Canadian citizen. Durkin told the hearing he is entitled to Canadian citizenship. “I just haven’t been sworn,” as a Canadian citizen, he said. A formal application was made for citizenship about a year ago.
Durkin said he came to Canada in 1952 with his parents when he was 14 months old and grew up in this country. Immigration laws at the time would allow for him to be a Canadian, he said. He told the hearing that he was not fully aware of the entire matter in the U.S. until the Canada Border Services Agency sent a large document to his lawyer’s office. He said he does not know and has never met some of the people mentioned in the materials.
Durkin said that he was not aware of the names of investors in a company led by one of the co-accused. In that case, he said, his company had legitimate business with the second firm and that his firm merely provided updates on the status of investments.
In September, the previous owners of Sooke Harbour House were awarded $4 million in damages after a trial involving two firms led by Durkin. A claim from Durkin’s companies was dismissed in B.C. Supreme Court. The justice said in his decision that on numerous occasions Durkin lied or deliberately misled the court.
