Person who is the subject(s) of the decision: Salif Sangaré
Date of decision and reasons: March 7, 2025
Panel: François T. Ramsay, Chairperson’s Delegate
Reasons for decision
Introduction
[1] These reasons and the decision involve the professional activities of Salif Sangaré before the Immigration and Refugee Board of Canada (IRB). The issues are whether Salif Sangaré’s conduct before the IRB, namely, referring to himself and acting as a representative who does not charge a fee or receive other consideration, constitutes a violation of the integrity of the IRB’s processes, and what penalties against him, if any, are appropriate in the circumstances.
[2] In the context of this examination of Salif Sangaré’s conduct, the panel issued an interim order on October 11, 2024, prohibiting him from representing anyone or appearing on anyone’s behalf in a proceeding before any division of the IRB until an examination of his conduct was conducted and a final decision rendered.
[3] The panel issues an order not to disclose, publish or disseminate any of the information contained in the following Refugee Protection Division (RPD) files: MC2 10326, TC3 07605 and TC3 07606.
Background
[4] Salif Sangaré is not a member of any of the regulatory bodies identified in subsection 91(2) of the Immigration and Refugee Protection ActFootnote 1 (IRPA).
[5] He is currently subject to five temporary disbarments and one provisional disbarment from the Roll of the Barreau du Québec. All imposed by the Disciplinary Council of the Barreau du Québec (the Council), five of the six disbarments, each for a period of 12 months, were pronounced on June 13, 2022.Footnote 2 Upheld on appeal by the Professions Tribunal on May 8, 2024, they are being served concurrently as of that date.Footnote 3
[6] Pronounced by the Council on December 22, 2023, the provisional disbarment has been in effect ever since, pending a final decision on the underlying complaint, unless the Council decides otherwise.Footnote 4
[7] In early 2024, following the publication of the notice of provisional disbarment, the IRB informed all of Salif Sangaré’s clients with active files at the IRB that he was no longer a member in good standing of the Barreau du Québec and that he was no longer qualified to represent them before the IRB.
[8] On August 5, 2024, Salif Sangaré provided the RPD with “Notice of Representation Without a Fee or other Consideration” forms with respect to three files, namely, MC2 10326, TC3 07605 and TC3 07606, dated August 5, 2024. Having consulted the files in question, the panel notes that Salif Sangaré was acting as a representative up until the date that the provisional disbarment took effect, December 22, 2023.
[9] On October 11, 2024, the panel issued an interim order and a non-disclosure, non publication and non-dissemination order prohibiting Salif Sangaré from representing anyone in any case and from appearing on anyone’s behalf in a proceeding before any division of the IRB pending a final decision.
[10] In a letter dated October 15, 2024Footnote 5 (the Letter), the IRB informed Salif Sangaré that it would examine this case to determine whether he should be authorized to act or be prohibited from acting as a representative who does not charge a fee or receive other consideration before the IRB. Documents concerning the temporary and provisional disbarments are attached to the Letter.
[11] In the Letter, the IRB invited Salif Sangaré to make written submissions in response to its contents by November 8, 2024. The IRB also informed Salif Sangaré that upon receiving his submissions, or in the event that it received no response from him by November 8, 2024, it would conduct an examination of his professional activities before the IRB and determine whether he would be authorized to represent or be prohibited from representing a person in proceedings before the IRB without a fee or other consideration.
[12] No response was received from Salif Sangaré within or after the time limit. It is in this context that the panel will examine Salif Sangaré’s professional activities before the IRB and render a decision as to whether he is entitled to represent a person without a fee or other consideration in proceedings before the IRB.
Jurisdiction
[13] The IRB has the jurisdiction and even has a duty to protect the integrity of its processes. In Rezaei,Footnote 6 the Federal Court adopts the position taken by the Honourable Justice Sopinka of the Supreme Court in Prassad :Footnote 7
We are dealing here with the powers of an administrative tribunal in relation to its procedures. As a general rule, these tribunals are considered to be masters in their own house. In the absence of specific rules laid down by statute or regulation, they control their own procedures subject to the proviso that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice. [Emphasis added]Footnote 8
[14] The Federal Court goes on to specify the following:
Given the procedural framework of the IRB, ...it has the inherent jurisdiction to monitor its own procedures in order to ensure its integrity. Indeed, denial of the jurisdiction of the IRB to ensure the integrity of its processes would be a disservice to its stakeholders. These stakeholders include not only the claimants who appear before the Board and its divisions, but also the Canadian public at large....Footnote 9
[15] To this end, in the absence of specific rules laid down by statute or regulation, the IRB, through its delegate, has the capacity to take any action that may be necessary, including suspending the right of a representative to appear or prohibiting the latter from appearing on behalf of another person before it.
[16] In accordance with the provisions of subsection 159(2) of the IRPA,Footnote 10 the Chairperson of the IRB has delegated to the undersigned the task of reviewing all of Salif Sangaré’s actions before the IRB, to determine whether they violated the integrity of its processes and to take any necessary action, up to and including prohibiting him from representing a person who is the subject of proceedings before the IRB.
Issues
[17] The panel is of the view that there are two issues:
- Has Salif Sangaré’s conduct before the IRB violated the integrity of the IRB’s processes?
- If he has, is a measure suspending his right to represent a person who is the subject of proceedings or prohibiting such representation justified? If it is, for how long and under what conditions?
Determination
[18] The panel concludes that Salif Sangaré’s conduct violates the integrity of the IRB’s processes.
[19] The panel concludes that prohibiting Salif Sangaré from representing anyone in any case and appearing on anyone’s behalf in a proceeding before any division of the IRB is justified. This prohibition is effective immediately and will remain in effect indefinitely.
Analysis
[20] On May 8, 2024, the Professions TribunalFootnote 11 upheld the five temporary disbarments of 12 months, the temporary disbarment of 3 months and a day, and the $5,000 in fines imposed by the Council on June 13, 2022.Footnote 12 These penalties followed from the Council’s decision dated September 9, 2021,Footnote 13 declaring Salif Sangaré guilty of, on several occasions, failing to appear or to have someone else appear on his behalf before the IRB when his presence was required, of allowing a person to falsely identify themself as an articling student, and of allowing that person to sign and submit a letter containing this false information.
[21] On July 23, 2024, an additional six-month period of temporary disbarment came into effect after Salif Sangaré withdrew the appeal he had brought before the Professions Tribunal.Footnote 14 This appeal follows a decision by the Council, rendered on January 20, 2023, declaring Salif Sangaré guilty of failing to appear or to have someone else appear on his behalf before the Immigration Appeal Division of the IRB when his presence was requiredFootnote 15 and the subsequent imposition, on May 11, 2023, of the temporary disbarment.Footnote 16
[22] In the meantime, on November 28, 2023, the assistant syndic of the Barreau du Québec filed a disciplinary complaint against Salif Sangaré. The complaint identified conduct derogatory to the honour and dignity of the Barreau. Appended to the complaint was an application for immediate provisional disbarment.Footnote 17
[23] In issuing an order of provisional disbarment, the Council is of the view that the assistant syndic met his burden of proofFootnote 18 by establishing, among other things, that the protection of the public could be jeopardized if Salif Sangaré continued to practise his profession.Footnote 19
[24] On this point, the Council made the following statement:
[Translation]
[126] The analysis of the evidence presented shows that the protection of the public could be jeopardized if Mr. Sangaré continues to practise the profession of advocate, as the significant shortcomings of his practice, his repeated hinderance of the representatives of his professional association responsible for ensuring the protection of the public and his lack of integrity have undermined the legitimacy he requires to bear the title of advocate.
...
[129] …Mr. Sangaré’s current surreptitious practice for a vulnerable clientele has the effect of placing him beyond the reach of the various protection and oversight mechanisms established by the Barreau du Québec, hindering the mission of protecting the public that the legislator has delegated to the various professional orders, including the Barreau du Québec.
...
[131] …[I]t appears that the assistant syndic presented persuasive evidence going beyond mere appearances that the protection of the public is jeopardized.Footnote 20
[25] On September 10, 2024, Salif Sangaré pleaded guilty to six of the eight charges brought against him in the complaint.
[26] As of the date of signature of this decision, since he is currently subject to five periods of temporary disbarment and an order of provisional disbarment, and therefore is not a member in good standing of the Barreau du Québec or any other regulatory body listed in subsection 91(2) of the IRPA, Salif Sangaré is not authorized to represent any person who is the subject of proceedings before any of the divisions of the IRB for a fee or other compensation.
[27] In the circumstances, given his disciplinary history, can he be allowed to act as a representative who does not charge a fee or receive other compensation? No, is the only possible answer.
[28] It is clear from the Council’s decision that the protection of the public requires that Salif Sangaré be provisionally prohibited from practising as a lawyer. To the extent that this prohibition has yet to be lifted, authorizing him to act as a representative who does not charge a fee or receive other compensation, in other words, to perform before the IRB acts similar or even identical to those he performed as a lawyer, would violate the spirit of the order issued by the Council.
[29] In reality, such permission would allow him to circumvent the Council’s decision, but above all to potentially jeopardize the protection not only of the general public, but first and foremost of the people he would represent, highly vulnerable individuals who would then be deprived of any protection mechanism.
[30] By allowing it, the IRB would risk not only undermining the integrity of its processes, but also potentially doing a disservice to its stakeholders, namely, Canadian residents as a whole and, more specifically, people who are the subjects of proceedings before a division of the IRB, but especially those whom Salif Sangaré may wish to represent in the future. Such a decision could also be perceived as tacitly condoning the past actions for which Salif Sangaré has received penalties.
[31] Such an outcome would be difficult to justify.
[32] In the panel’s opinion, a measure that is both serious and dissuasive is called for to preserve the integrity of the IRB’s processes and protect the interests not only of Canadian residents, but also especially of those whom Salif Sangaré might be called upon to represent in the future.
[33] In this context, the panel prohibits Salif Sangaré from representing anyone in any matter and appearing on anyone’s behalf in a proceeding before any division of the IRB. This prohibition is for an indeterminate period and takes effect immediately.
Order
[34] The panel orders the registrars of all divisions of the IRB to inform any person represented by Salif Sangaré, if applicable, that he is prohibited from representing anyone or appearing on anyone’s behalf in a proceeding before any division of the IRB as of the date of this decision. The prohibition will remain in effect for an indeterminate period.
François T. Ramsay
March 7, 2025
IRB translation
Original language: French
Encl. Confidentiality Order