Law Times

PAGE 10 FOCUS May 30, 2011 • Law TiMes Lawyer battles for man's ID Houssam Chaar waiting for documents seized BY KENNETH JACKSON For Law Times H oussam Chaar or John Doe? To police, he's John Doe, a nameless Lebanese man. But to his lawyer, Sam Gold- stein, he's Houssam Chaar un- til proven otherwise. But that hasn't been the case for Goldstein and his client since Chaar's arrest Feb. 15 on charges of identity theft and fraud. In fact, court documents still refer to Chaar as John Doe. "Th ere is a presumption of innocence in this country, and to refer to him as John Doe is to already make a conclusion he is not who he says he is," says Goldstein. "Every time I ap- pear in court, he appears on the list as John Doe and not by his name. I have repeatedly told the court there is a presumption of innocence and he is Mr. Chaar until proven otherwise." Chaar was released on a $25,000 surety a couple days after his arrest, but proving he's innocent hasn't been the focus to date. Goldstein is still in the pro- cess of building a defence for his client, a Hamilton, Ont., man who came to Canada about 20 years ago on refugee status from Lebanon. So far, the Toronto lawyer has spent much of his time trying to obtain basic rights for Chaar. One is having him called by his name, but a more im- portant task was getting his identifi cation back such as his driver's licence and OHIP card. Goldstein was able to get the documentation back in April after fi ling an appli- cation in court. Th e Crown and police refused to do so otherwise. "I had to go before the court to get documents back for Mr. Chaar," says Goldstein. Jus- tice Ramez Khawly "chastised the Crown and the police for not even wanting to give back his health card. If you seize a gun, then you keep the gun. If you're seizing a document, there's no reason why you can't give back a document, particu- larly an OHIP card. How is he 'I had to go before the court to get documents back for Mr. Chaar,' says Sam Goldstein. supposed to get any medical treatment?" Th e Crown claimed the cards needed to be seized and kept from Chaar because it was evidence. Police seized a number of documents when they arrested Chaar and took more when they raided his apartment where he lives with his pregnant wife and four-year-old daughter. Th ey also confi scated his GET THE LATEST DEVELOPMENTS IN BREATHALYZER LAW BREATHALYZER LAW IN CANADA, 4TH EDITION R.M. McLEOD, Q.C., JUDGE J.D. TAKACH, AND MURRAY D. SEGAL passport, citizenship card, a movie card, and a lottery ticket. Th ey took the lottery ticket be- cause he had signed the back of it. Th ey wanted to use it as evidence as well. "Interestingly enough, he actually won $2 on the lottery ticket," says Goldstein. At some point shortly af- ter his arrest, Chaar's OHIP card was cancelled. So when it was returned to him, it was no longer any good. "Th e of- fi cer claims he did not inform Ontario health insurance that my client was charged, but the OHIP card is cancelled," says Goldstein. "My client now has to apply for another OHIP card. In order to get another health card, he has to have some documentation like his citizenship or passport." Chaar has neither of them because they are being withheld as part of his bail conditions. Goldstein asked the Crown Get quick up-to-date answers on a variety of procedural and substantive questions related to drinking and driving offences. You will find the information you need to advise, defend and prosecute individuals charged with the offences of impaired driving, driving "over 80" and failing or refusing to comply with demands for samples. 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Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 for a bail variation that would allow Chaar to have his pass- port or citizenship card for one day, even in the company of po- lice, to make an application for a new health card. But the pros- ecutor refused, he notes. "Keep in mind, if you are a refugee claimant, you could get OHIP. If he was in jail, he would be able to get health care," says Goldstein, who adds he'll need to ask the courts again to force the Crown's hand. Th e police investigation be- gan in November 2010 after the Ontario Provincial Police identity crimes unit received information from a man liv- ing in the United States that his identity was being used without his knowledge, ac- cording to a press release. Police said the alleged victim fi rst became aware that some- one had gained access to his personal information in 1997 when he returned to Lebanon for a visit. Th e police investigation revealed the accused had al- legedly stolen the victim's identity in Lebanon and had fraudulently used it in Ontario to acquire various government documents to live illegally in Ontario under the name. Goldstein has received par- tial disclosure and, as part of his application to retrieve Chaar's information, has made some of it public. He says the American man had returned to Lebanon to vote in an election, but when he tried to cast his ballot, he was told there was already a Chaar with the same birth date. Th e man left and returned to the United States. A number of years later, he spoke to an OPP offi cer who later told a colleague about what he had heard. "Th e of- fi cer does an investigation and fi nds Chaar living in Hamilton and charges him with imper- sonation and fraud believing the Chaar living in the States is the real Chaar," says Goldstein. "Th e bottom line is my cli- ent produced documents when he came to Canada to get his refugee status. Th ose docu- ments were accepted by the Ca- nadian government. Th ey were not questioned as being forger- ies. It is possible there are two Chaars in this world." Marketplace TRUSTS AND ESTATES Re: WILL OF FLORENCE MARIAN RIVINGTON Anyone having knowledge of the will of Florence Rivington, made in December, 1987, is asked to contact Paul Becker at 416- 656-9248. To advertise call 905-841-6481 Untitled-3 1 www.lawtimesnews.com 5/20/11 11:32:20 AM Photo: Billy-Jack Kimmerly

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