Bizarre case of 'Unknown Person' keeps its secrets as immigration board blocks public's access
The man, designated as 'the Unknown Person' by the courts, has been behind bars in Canada for more than six years because he refuses to reveal his true identity
A Toronto police detective during a 2013 news conference regarding Herman Fankem, on screen, after he was arrested in a large fraud case. After years of investigation, Fankem’s identity is still in question.
“I believe that the presence and involvement of the media at this stage in the process would prejudice the detained person’s interests, given that he may disclose information that would be harmful to his own case and interests,” wrote the representative, Julie Lassonde.
Lassonde and Sekhar said Fankem has only recently begun to trust them and again participate in the process.
McCabe denied the Post’s request.
“It seems logical to me that the presence of the media may cause him to return to his previous practice of refusing all contact. Some accommodation to address this potential concern is reasonable,” he wrote in his decision.
He said the length of time Fankem has been detained and may continue to be detained was a factor.
“While it is clear that the length of his detention is largely due to his lack of co-operation, his liberty rights have nevertheless been affected for over almost six years,” McCabe wrote.
According to the Law Society of Ontario records, Sekhar was representing Fankem while suspended administratively from practising law.
Sekhar said her suspension has been rectified but the law society did not confirm that.
“Our records indicate that Ms. Sekhar was suspended for administrative reasons, effective since April 9, 2019. A lawyer who is suspended for administrative reasons, such as failing to pay fees or file forms on time, is not permitted to practise law and/or provide legal services,” said Gelek Badheytsang, a spokesman for the law society on Monday.
The presence of the media may cause him to return to his previous practice of refusing all contact
When asked about the suspension, Sekhar told the Post it was because she did not file an annual report on time.
“And it has been filed now,” she said. She declined to say when it was filed or to provide other information on the situation.
“I don’t have any reason to tell you any of that information so that’s the end of this conversation,” she said.
Earlier in the interview, she said she thought the IRB made the right decision to make Fankem’s case private. She declined to discuss Fankem or his mental state.
“I don’t have consent of my client to talk about any of this and so I really can’t talk to anyone until I have that. If that changes, I’m happy to talk to the media if that’s what he wants.”
The IRB was not aware of Sekhar’s suspension and is reviewing the situation to determine if there is any impact, said Anna Pape, an IRB spokeswoman.
“Now that it has been brought to our attention, we are working to ensure that further representation before the Division is in accordance with section 91 of the Immigration and Refugee Protection Act,” Pape said.
The man known as Fankem was arrested in Toronto in 2013 after a fraud that swindled a man out of $450,000, police said at the time.
All charges were dropped to allow for his quick deportation. His removal was halted, however, when his bogus identity was revealed.
He has been in prison since, while Canada Border Services Agency tries to identify him. The CBSA, which is a party in Fankem’s case at the IRB, did not support the request to make the case private.
Fankem has been belligerent and unco-operative and refused to attend 51 monthly detention review hearings.
Police in other countries have told CBSA his fingerprints match two different citizens of Cameroon, a citizen of Haiti, and a man of unknown citizenship.