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Canadian claiming border agency mistakenly detained him for 8 months sues for $10M
#1
http://www.cbc.ca/news/canada/toronto/ca...-1.4703064

Olajide Ogunye, originally from Nigeria, obtained Canadian citizenship in 1996

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Lisa Xing · CBC News · Posted: Jun 13, 2018 4:00 AM ET | Last Updated: 6 hours ago


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Olajide Ogunye is suing the CBSA for $10 million after being locked up for eight months before his identity was confirmed. (Grant Linton/CBC)
A naturalized Canadian citizen who spent eight months in Ontario detention centres awaiting immigration officials to verify his identity is suing the Canada Border Services Agency for $10 million. 
Olajide Ogunye, 47, was born in Nigeria and moved to Canada with his family in the 1990s. A few years after that, in 1996, he became a Canadian citizen. But his citizenship and Ontario health cards did not convince CBSA officers of his identity when they approached him outside his Toronto home on June 1, 2016, as he was headed to work at the hair salon he owned. 
"I was confused, really confused," Ogunye says. The officers told him they were doing a sweep of the area, he says. 

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Olajide Ogunye says he showed this citizenship card to officials. (Olajide Ogunye)
After the officers searched his home and told him they did not believe he was truly Olajide Ogunye, they brought him to CBSA's base at Pearson airport, the Greater Toronto Enforcement Centre.
According to Ogunye's statement of claim, the officers ran his fingerprints, which they said matched the identity of a man named Oluwafemi Kayode Johnson, a failed refugee claimant who had been deported from Canada to Nigeria in the 1990s. 

Ogunye says he was told the CBSA believed he was actually Johnson, who had returned to Canada illegally and assumed Ogunye's identity. Those fingerprints, according to court documents, were never produced by the CBSA to Ogunye.
"It was very frustrating. Somebody telling you you're not your name," says Ogunye. "I showed them all my IDs. I showed them my citizenship. How are you going to put a Canadian citizen in jail?" 
8 months behind bars
Ogunye says he was locked up for a total of eight months, from June 2016 through February 2017, spending a month at Maplehurst Correctional Complex in Milton, Ont., and the rest of his time at Central East Correctional Centre in Lindsay, Ont., a medium/maximum security prison. Because of almost daily lockdowns, Ogunye claims, he was unable to contact family members.

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Ogunye sifts through documents in his Toronto home. (Grant Linton/CBC)
"One time, for the whole month, I was crying non-stop. I was crying continuously," he recalls, and was put on suicide watch as his mental state suffered. "The nurse had to give me depression pills to make me calm down." 
Ogunye says his physical health declined as well, and he was taking pills each day for high blood pressure, depression and a prostate condition. 
'They destroyed my life'
On Feb. 4, 2017, he was released. CBSA issued a report on his release, detailing efforts to interview members of Ogunye's family. The first interview was conducted 6½ months after his initial arrest. 
Ogunye says he wants to sue for $10 million because of how long the investigation into his identity took. 
"They put me through a lot. They destroyed my life. I lost my job," said Ogunye. "They destroyed my family. I don't have a good relationship with my kids anymore. I don't think that's going to come back." 

The same report from CBSA mentions Ogunye has been convicted of various charges, including fraud, impersonation and possession of a credit card obtained by crime, and the officers found an "issue of his credibility." The report says there is "no doubt this person detained is Johnson" but also states in the same paragraph, "the person in custody may be Olajide Obabukunola Ogunye." 
Ogunye's lawyer says it ultimately comes down to the fact his client's charter rights have been violated.

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Immigration lawyer Adam Hummel says his client's charter rights have been violated. (Grant Linton/CBC)
"The individual who is being targeted is a Canadian citizen," says immigration lawyer Adam Hummel. "An individual ... who shows his identity card is not automatically given the benefit of the doubt but is questioned and accused of being someone else and detained while an investigation is taking place.
"The truth is, if this is the way they're going to conduct themselves, it could happen to anyone," he says. 
Hummel says the CBSA had a "duty of care" to Ogunye but breached this duty, and his "unlawful detention was the result of hasty decision-making and a negligent investigation." 
CBC Toronto asked the CBSA why it wasn't able to verify Ogunye's identity if he had been previously charged and, on a number of occasions, convicted of various crimes under the name "Olajide Ogunye" and why the investigation took eight months. It told CBC Toronto it is aware of a lawsuit but that any further comment would be "inappropriate."
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#2
I have NEVER heard of fingerprints matching a different person! Does not and I believe CANNOT happen.

According to Ogunye's statement of claim, the officers ran his fingerprints, which they said matched the identity of a man named Oluwafemi Kayode Johnson, a failed refugee claimant who had been deported from Canada to Nigeria in the 1990s.



I'd say Ogunye IS Johnson.
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#3
There definitely would have been other methods of identification used that matched Ogunye to Johnson that are not being revealed at the moment and may never be revealed as the government would want to keep those methods being revealed in court.
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#4
(2018-06-13, 02:54 PM)zapzac Wrote: I have NEVER heard of fingerprints matching a different person!  Does not and I believe CANNOT happen.

According to Ogunye's statement of claim, the officers ran his fingerprints, which they said matched the identity of a man named Oluwafemi Kayode Johnson, a failed refugee claimant who had been deported from Canada to Nigeria in the 1990s.



I'd say Ogunye IS Johnson.

Yeah, thats what I thought too.

I find it odd that the ID pic of Ogunye doesn't resemble the guy in the photo (to me, anyways)
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#5
The same report from CBSA mentions Ogunye has been convicted of various charges, including fraud, impersonation and possession of a credit card obtained by crime, and the officers found an "issue of his credibility."

This statement is alarming, along with the fingerprint discrepancy if I can word it mildly.
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#6
$10M seems to be the going rate for this sort of thing.
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#7
So I'm trying to follow this.

The CSBA detains Ogunye, a Canadian Citizen. Doesn't press charges. Holds him for 8 months. Then releases him, without pressing charges, with a report that says "...there is "no doubt this person detained is Johnson" but also states in the same paragraph, "the person in custody may be Olajide Obabukunola Ogunye."

Yep. That's gonna cost the taxpayer some money.
"Hope is not a strategy"
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#8
(2018-06-13, 04:32 PM)HockeyHippy Wrote: So I'm trying to follow this.

The CSBA detains Ogunye, a Canadian Citizen. Doesn't press charges. Holds him for 8 months. Then releases him, without pressing charges, with a report that says "...there is "no doubt this person detained is Johnson" but also states in the same paragraph, "the person in custody may be Olajide Obabukunola Ogunye."

Yep. That's gonna cost the taxpayer some money.

Exactly, I find it hard to believe that if they did their job correctly that this guy wouldn't already be deported let alone have his own article in the news about how he's going to sue for millions. They either had enough evidence, or they didn't, not sure why they would wait until it got to court to prove this guy is a fraud.
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#9
He is suing for having his rights violated as a CDN citizen according to his lawyer, or because of how long the investigation took according to him. Not quoted at all in the article as saying I am not Johnson, only quoted as saying he is Olajide.

This whole thing seems crazy. On his way to work they randomly found this guy who randomly matched fingerprints, yet they eventually let him go with no charges and it comes out over 12 months later that he is suing and he doesn't have a good relationship with his kids anymore because of this, it destroyed his family.

Guessing that he is allowed to stay based on 20+ years with no issues and sending him home would probably have a lot of issues for him at this stage. The gov't obviously can't comment on it due to lawsuit.
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#10
(2018-06-13, 04:29 PM)Cornholio Wrote: $10M seems to be the going rate for this sort of thing.

Yup, $10M for violating a Canadian's rights.

Though, he wasn't tortured, so I suspect a bit under the $10 mil ask.
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#11
As I said, I think Ogunye IS Johnson.

Problem is CBSA could not prove it. Especially if they were relying on information/proof from a third world country like Nigeria.
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#12
(2018-06-14, 10:39 AM)zapzac Wrote: As I said, I think Ogunye IS Johnson.

Problem is CBSA could not prove it.  Especially if they were relying on information/proof from a third world country like Nigeria.

I have no doubts that you're right here. Problem is, they can't prove it, therefore this is a violation of a Canadian's rights.
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#13
There is also a good possibility that they can prove who he really is but may have shown lenience based on having a clean record, a family, being a member of a community. They may have decided to overlook that he fraudulently entered the country and gained citizenship over 20 years ago. Now the guy decides to sue which may lead to him being exposed. They don’t need to rely on any Nigerian documents to determine if he was Johnson. There should be enough biometric data to determine if he is or is not.

The issue from the governments side is whether or not you expose trade secrets in order to nail one guy or do you pay him some money in order to maintain the security of your systems.
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#14
Were these charges of fraud, impersonation, and credit card theft stemming from the CBSA arrest, or were they from previous incident(s)?
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#15
(2018-06-14, 10:51 AM)Nuclearsun Wrote: There is also a good possibility that they can prove who he really is but may have shown lenience based on having a clean record, a family, being a member of a community. They may have decided to overlook that he fraudulently entered the country and gained citizenship over 20 years ago. Now the guy decides to sue which may lead to him being exposed. They don’t need to rely on any Nigerian documents to determine if he was Johnson. There should be enough biometric data to determine if he is or is not.

The issue from the governments side is whether or not you expose trade secrets in order to nail one guy or do you pay him some money in order to maintain the security of your systems.



you did not read the story didn't you?
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#16
(2018-06-14, 10:42 AM)theDC Wrote:
(2018-06-14, 10:39 AM)zapzac Wrote: As I said, I think Ogunye IS Johnson.

Problem is CBSA could not prove it.  Especially if they were relying on information/proof from a third world country like Nigeria.

I have no doubts that you're right here. Problem is, they can't prove it, therefore this is a violation of a Canadian's rights.


It sounds like he has "Canadian rights" by fraud.

And yes he might win.
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#17
(2018-06-14, 12:00 PM)zapzac Wrote:
(2018-06-14, 10:42 AM)theDC Wrote:
(2018-06-14, 10:39 AM)zapzac Wrote: As I said, I think Ogunye IS Johnson.

Problem is CBSA could not prove it.  Especially if they were relying on information/proof from a third world country like Nigeria.

I have no doubts that you're right here. Problem is, they can't prove it, therefore this is a violation of a Canadian's rights.


It sounds like he has "Canadian rights" by fraud.

And yes he might win.

Unless you can prove it, or, unless the Canadian government is willing to admit they let someone in illegally (not bloody likely), he's a Canadian.
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#18
If successful, he could get a couple mil. 10 mil is reserved for those who are taken by foreign governments and tortured, while the Government stands around and does nothing, despite cries for help.

Being detained in Canada does not meet this description.
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#19
If he wants the extra 8 mill, he's going at least have to roll a grenade or two toward soldiers allied with Canada.
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#20
(2018-06-14, 04:14 PM)Cornholio Wrote: If he wants the extra 8 mill, he's going at least have to roll a grenade or two toward soldiers allied with Canada.

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