Tania Lam - Consular Agent, Global Affairs Canada

On 2013-01-04, the day after being booked into the Santa Ana Jail, I called the Canadian Consulate to inquire about the possibility of obtaining a emergency travel document (ETD). Chantal Kuvi-Mendieta took the call GAC Case Note, 2013-01-04. I'm including this initial contact with Kuvi-Mendieta because the subsequent interactions with Lam are derived from it.

Kuvi-Mendieta told me they would have to wait for ICE to submit an official request.

Kuvi-Mendieta then told me they would need my proof of Canadian citizenship, such as my birth certificate or passport. I informed her I'm not a Canadian citizen; my birth certificate is from Florida, so it doesn't establish Canadian citizenship; and the passport which was previously issued was fraudulently obtained. Though, I suspected she must have already known all that because it must have been documented in my file.

Kuvi-Mendieta pointed out I had submitted an Ontario birth certificate in 2011. I told her I had told Dextraze at that time that that wasn't my birth certificate, that I obtained it because ICE had told me if I wanted to get out of their custody I had to obtain that birth certificate so they could deport me to Canada. I told her I obtained it using the information which ICE had provided me about Ricky Riess. Kuvi-Mendieta said she didn't believe me, that I am Ricky Riess from Ontario and that that is my birth certificate.

I told Kuvi-Mendieta, regardless of her beliefs about who I am or my citizenship, if Canada is willing to issue me an ETD so I can get out of custody and get back to my son, then I'd be grateful. I told her I'll submit whatever documents she wants but that I am not going to claim to be a Canadian citizen. She seemed very offended by my lack of interest in being Canadian.

On 2013-01-08, my Deportation Officer brought me a Canadian ETD application to fill out.

I called the Canadian Consulate again. This time, Lam took the call GAC Case Note, 2013-01-08.

I asked Lam, if I submitted an application using Ricky Riess's information it would increase the likelihood of an ETD being issued or, possibly, expedite it. Lam was confused. I explained that I was born in Florida and was not a Canadian citizen; I had assumed the identity of Ricky Riess from Sudbury and obtained his passport fraudulently. I told her I have a Florida birth certificate, and that it had already been established, through fingerprints, that I wasn't the person who was born Ricky Riess in Sudbury, Canada. That seemed to confuse Lam even more.

Lam told me a travel document had already been issued for me, in August 2011, in the name Richard Riess. That was the first I had heard about that travel document. I said something to the effect of "Great, so if I submit another application, with the same information I provided on the previous one, namely that I was born in the US and was not a Canadian citizen, then will she issue another ETD?" That seemed to anger her, though I can't think of any logical reason it should.

Lam insisted that an ETD would not have been issued unless they had documentation to prove I was a Canadian citizen. I asked Lam what documentation was provided which proved I was a Canadian citizen. She responded that I had provided my Ontario birth certificate. I told her: No, that's not my birth certificate. I told her I was very clear with the consulate at that time that it was not my birth certificate.

I told Lam I don't care about all this nonsese about whether or not I'm a Canadian citizen. I reiterated that there is absolutely no way I am going to claim to be a Canadian citizen. All I want from the Canadian government is to either issue a travel document so I can be deported to Canada and come right back to the US the next day; or refuse to issue a travel document so I can file a habeas petition and get the fuck out of ICE custody. The only difference it makes to me is that I'd likely get out of custody sooner if they issue the travel document; for a habeas petition I'd first have to wait six months for the Zadvydas clock to run out. Not surprisingly, this seemed to piss her off even more.

After that, Lam said, and she was quite angry about it, I had been deported so I'm not even supposed to be in the US. I said: "Yeah, so?" She didn't seem to know how to react to that. I told her I have a 12 year old son in Los Angeles, there is nothing, absolutely nothing that is going to discourage me from getting back to my son. Again, she had nothing to say. That's typical of Canadians: Separating a mother from her child is the end of the world; but separating a father from his child is irrelevant.

I called the consulate back the next day, 2013-01-09 GAC Case Note, 2013-01-09. I wanted to be completely clear that I was willing to put whatever information would ensure the expeditious issuance of a travel document. Even if it meant knowingly using false information which I might be prosecuted for upon my arrival in Canada.

I made sure to phrase it, though, as the information which ICE and the Canadian Consulate believe to be of me, not as information which I know to be false. That way, if they did prosecute me for passport fraud, I could say I clearly told them that was not my information but THEY insisted it was. I could use the defense of officially induced error.

I asked Lam, if I were to do that would I be charged with passport fraud upon my arrival in Canada. She refused to respond. Instead, she asked me if I was asking if there were any warrants for my arrest in Canada. I told her I can't imagine there'd be any warrants for my arrest in Canada since I'd never been to Canada. In her case note, she again accused me of "balking" and saying I know there are no warrants for my arrest. But how could I possibly know there were no warrants for my arrest at that moment? I could assume, or even presume, there were no warrants, but I could not possibly know it.

In her case notes regarding the conversation, Lam acknowledged that I said I am willing to speed the process along if all it takes is for me to state on the application what ICE and the consulate believe. This is critical because it proves, in Lam's own admission, that I was not being difficult or refusing to cooperate. I was clearly offering to do exactly and whatever she wanted me to do to obtain a travel document. And yet, even after that, she still insisted I was refusing to cooperate! Even when you offer to do exactly what they claim they want you to do, they still accuse you of refusing to cooperate. That's because what they really wanted me to do was to was to claim, sincerely and of my own free will, not under duress or as a ploy to get out of custody, that I am Ricky Riess from Sudbury, Canada, and that I am a Canadian citizen. They wanted me to state they were right - even though the physical evidence clearly proved they weren't. That is the demented psychosis of the people who work in the Canadian government.

Lam falsely claimed in her case notes, that that is exactly what I had done to obtain the previous travel document. That is, she claimed I had submitted the application with Ricky Riess's information. But if you look at the application form I had submitted ETD application filled out by me, 2011-03-01, I clearly used my own information, not Ricky Riess's. It was someone at the Canadian Consulate who later forged that application by crossing out what I provided, and putting Ricky Riess's information ETD application forged by the Canadian Consulate, 2011-03-01. And it was ICE who later provided another application, using Ricky Riess's information ETD application filled out by ICE, 2011-08-16.

Lam repeated that in order for the previous ETD to be issued, "security cheks" would have been performed and Passport Canada would have investigated and determined I am actually the person named on the passport. They would not have issued the ETD otherwise. But again, that's false. If you look at the internal messages and case notes during that time, you see that a potential fraud investigation was initiated then repeatedly escalated GAC Case Notes, 2011-07-27 - 2011-08-22. On 2011-08-22, the investigation was escalated to a so-called PMP case, then suddenly, three days later, on 2011-08-25 they decided to issue the travel document Emergency Travel Document, 2011-08-25. There are no records regarding the outcome of that investigation. There is no indication anything was ever done to determine whether I and Ricky Riess are the same person.

Lam then said, in her case notes, that I "continued on" about it not making sense that I'm making a false statement and declaration, but still am able to have the travel document issued. Again, that is completely nonsensical because I WANTED them to issue the travel document. What I had actually said to Lam, in that respect, was I would really appreciate if they could issue the travel document but I want to be clear, I am not making any claim of being a Canadian citizen or of being Ricky Riess. But, as usual, Lam ignored what was said and heard only what she wanted or expected to hear.

Ultimately, Lam got angry again and said she doesn't have time to discuss what I want to write on the application. Literally, all I was asking of her was for her to authorize me to fill out the application with Ricky Riess's information. It would have taken her less than three seconds to say that, but instead she wanted to be evasive and non-committal, then accuse ME of being difficult and refusing to cooperate. I completely do not understand the behavior of the women who work in Global Affairs Canada and IRCC, but I will say it is exactly consistent with the psychotic, sociopathic behavior of my ex-wife.