Decision and Order - Artem Djukic

Decision and Order

In the matter of: Artem DJUKIC

Date of Decision and Order: December 29, 2016

Chairperson’s Delegate: Louis Bourgon

Counsel for the Immigration Consultant: Alfred S. Schorr, Barrister and Solicitor

DECISION AND ORDER

Background

[1] By instrument of delegation dated December 22, 2014, the Interim Chairperson of the Immigration and Refugee Board of Canada (IRB) delegated his authority to the undersigned to find facts with respect to the practice of Artem Djukic before the Board. The delegation of authority was made in light of the order by the Law Society of Upper Canada Tribunal Hearing Division, dated December 11, 2014, which ordered the suspension of Artem Djukic’s paralegal license on an interim interlocutory basis pursuant to section 49.27 of the Law Society Act. The said delegation further authorized the undersigned to take any appropriate remedial and disciplinary action, including a prohibition from appearing on behalf of any persons before the Board.

[2] The order issued by the Law Society of Upper Canada Tribunal Hearing Section, dated December 11, 2014, regarding Artem Djukic provided in part as follows:

1. Commencing on the date of this Order, and continuing until the motion is disposed of on its merits, or until further order of the Tribunal Hearing Panel, the licence of the Paralegal is suspended on an interim interlocutory basis.
2. The Paralegal shall comply fully with the terms of the Law Society's Guidelines for Paralegals Who Are Suspended or Who Have Given an Undertaking Not to Provide Legal Services while suspended and shall not open or operate a trust account while suspended pursuant to this Order.
3. ...
4. The motion is adjourned to be heard on Friday January 9, 2015.

[3] Section 49.27 of the Law Society Act, R.S.O. 1990, c. L.8, states:

[4] In response to an inquiry made by the IRB concerning Artem Djukic’s status, the Immigration Consultants of Canada Regulatory Council (ICCRC) wrote to the Central Region Registrar of the Refugee Protection Division of the IRB on December 19, 2014 advising that Mr. Djukic was “known to the Complaints and Professional Standards Department and is subject to complaints that are currently being processed…”

[5] Given the above-noted information and in furtherance of the objective of protecting the integrity of IRB proceedings, on January 5, 2015 I issued an order prohibiting Artem Djukic from representing any person in connection with any proceeding before the IRB while the paralegal’s license was under suspension by the Law Society of Upper Canada (LSUC).

Application to Cancel Prohibition Order

[6] On October 17, 2016, Artem Djukic, through his counsel, wrote to the IRB requesting that the IRB’s prohibition order of January 5, 2015, be lifted. The request enclosed materials from the LSUC and the ICCRC relating to proceedings initiated by both regulatory bodies against Mr. Djukic.

[7] The LSUC has determined that Artem Djukic (the Respondent in the regulatory proceeding) contravened s. 33 of the Law Society Act by engaging in conduct unbecoming a member as set out in particulars 1, 3, 5 and 6 of the Amended Notice of Application PCN100/15. By order dated April 18, 2016, the Law Society ordered that the Respondent’s license to provide legal services was revoked effective immediately. Mr. Djukic was further ordered to pay the Law Society costs in the amount of $10,000.00. The Reasons for Decision of the Law Society Tribunal Hearing Division are available at: Law Society of Upper Canada v. Djukic, 2016 ONLSTH 115 (CanLII).

[8] Artem Djukic, continues to be licensed by the ICCRC. He is presently the subject of ten (10) unresolved complaints before the ICCRC. On July 19 and 20, 2016, the ICCRC brought an urgent motion regarding the conduct of Artem Djukic, seeking an interim suspension order.

[9] On August 18, 2016, the ICCRC Discipline Committee suspended Mr. Djukic’s membership effective August 31, 2016. The suspension is effective until the earlier of (i) the disposition of the Complaints Committee and / or the Discipline Committee of all 10 currently open complaints OR (ii) 6 months from the date of the order. However, the ICCRC Discipline Committee’s order provides that the operation of the suspension is suspended provided that Mr. Djukic complies with the terms and conditions of paragraphs 3 through 8 of the order (the “supervisory system”). The supervisory system intends for a “restricted and well supervised immigration practice” and provides for, among other things, trust account controls, monthly reporting to the ICCRC Registrar, and approved practice supervisors with access to Mr. Djukic’s books and records and active client files.

[10] Further to my written request of November 4, 2016, Mr. Djukic (through his counsel) provided written confirmation, in the form of a status letter from the ICCRC dated November 30, 2016, that he remains in full compliance with the terms of ICCRC’s supervision order.

[11] I am satisfied at this time that the terms of ICCRC’s supervision order will serve to protect the integrity of IRB proceedings.

It is ordered that:

[12] The IRB’s order of January 5, 2015, prohibiting Artem Djukic from representing or advising any person in connection with any proceeding before the IRB is cancelled.

[13] Artem Djukic shall immediately inform the IRB in writing of any change in his licensee status with the Immigration Consultants of Canada Regulatory Council (ICCRC), including but not limited to:

• a) Changes to the terms of the ICCRC Discipline Committee’s supervision order dated August 18, 2016 and / or notification of any successor orders made by the ICCRC Discipline Committee

• b) Notification of suspension by the ICCRC

• c) Notification of license revocation by the ICCRC

(signed)