Canadian Mumtaz Ladha who allegedly brought a young African woman into Canada under false pretenses and forced her into domestic slavery was arrested and released. Among other things, she is accused of taking away her accuser’s passport once she landed in Canada. Police say Ladha forced the timid looking woman into demeaning servitude, which included hand-washing the underwear of everyone in the house, hand-washing the cars of guests, and eating table scraps to survive. She was only allowed to sleep once everyone else in the house had gone to bed. The maid eventually escaped to a woman’s shelter in June 2009, where she received immediate assistance and the RCMP were notified.
http://thelinkpaper.ca/?p=8948
http://www.huffingtonpost.ca/2013/09/12 ... 15644.html
Mumtaz Ladha Human Trafficking Trial
There is always 2 sides to each story.
One can not do justice by only considering one side.
Many people come to Canada under any reason and then find dubious means to stay in Canada by accusing others of human trafficking.
They appeal to the sense of humanity which is very strong within the Canadian population.
People are naive, they would believe anything.
Always be cautious when you try to help someone, they may bite back.
Oh God, protect me from my friends. As for my enemies, I will take care of them myself.
By the way I do not know the accused not the accuser but I am of an age where I know of many instences where truth was not what it appeared to be.
One can not do justice by only considering one side.
Many people come to Canada under any reason and then find dubious means to stay in Canada by accusing others of human trafficking.
They appeal to the sense of humanity which is very strong within the Canadian population.
People are naive, they would believe anything.
Always be cautious when you try to help someone, they may bite back.
Oh God, protect me from my friends. As for my enemies, I will take care of them myself.
By the way I do not know the accused not the accuser but I am of an age where I know of many instences where truth was not what it appeared to be.
-
shiraz.virani
- Posts: 1256
- Joined: Thu May 28, 2009 2:52 pm
thestarphoenix.com/life/West+Vancouver+woman+suing+federal+governments+after+being/10836188/story.html#__federated=1
‘Every night was a nightmare for me,' says woman acquitted of enslaving maid
Mumtaz Ladha was acquitted in 2013 after judge said alleged victim couldn’t be believed
By Lori Culbert, Vancouver Sun February 23, 2015
METRO VANCOUVER — Mumtaz Ladha cries as she recalls sitting in a Supreme Court prisoner’s box, listening to a former friend testify that she had been enslaved, starved and generally mistreated in the accused’s home.
It was difficult to listen to the testimony, which Ladha insists was all lies, and even more troubling to face the possibility of conviction during the 22-day trial in 2013.
“Every night was a nightmare for me. I couldn’t sleep all those 22 days. We didn’t know what the verdict would be,” Ladha said as she wept in a recent interview.
“It was very hard for my husband. … My daughter was pregnant and lost the baby during the trial. My son had to leave his job to come here and be with me to give me all the support I needed. (My other daughter) was already in depression.”
At the end of the trial, B.C. Supreme Court Justice Lauri Ann Fenlon acquitted Ladha, rejecting the complainant, a young Tanzanian woman, as an unreliable witness and ruling she had motivation to lie — to apply to stay in Canada as a victim of human trafficking.
Instead, Fenlon believed Ladha’s story of meeting the complainant in Africa, where Ladha’s family has businesses, and offering to bring the 21-year-old woman to Canada for a visit.
The Crown did not appeal.
But the acquittal came two and a half years after police announced her arrest for enslaving the Tanzanian woman, and imprisoning her with little more than table scraps to eat.
The damage to her reputation could not be undone, Ladha says in a civil suit filed Monday against the federal and provincial governments.
“Hell on earth — it has been very, very hard for us, the whole family. Even after I had been acquitted, it is very, very difficult to get over,” Ladha said. “I don’t see, in a long time, how we are going to get back to our normal lives.”
Before the criminal charges were laid in May 2011, Ladha and her husband ran several successful companies in Africa, were active in their Ismaili faith, generously donated to charities, and raised their three children in a $5-million West Vancouver home.
After the charges were laid in 2011, most of the businesses collapsed, she said, partly because banks and other investors shunned the Ladhas. They eventually sold their home to pay for legal expenses and other bills.
They were also harshly judged within their community. A death threat was left at their home, when Ladha’s grandchildren were playing inside, she said.
Their daughter Zahra, who had her PhD and was a marketing professor at UBC’s Sauder School of Business, was fired by her other employer, the health company Medela. Now the three Ladha children, all of them professionals, are working abroad, choosing to leave Canada due to the scandal.
All five adults in the Ladha family are listed as plaintiffs in the civil suit.
Ladha’s lawyer, David Martin, alleges in the suit the RCMP had “tunnel vision” because the force wanted to get a rare human trafficking conviction.
He alleged that officers ignored mounting evidence that challenged the credibility of the complainant, whose name is still protected by a publication ban and who was known only as M.H. in court.
“It’s really outrageous that police continued to press these charges as (the complainant’s) story fell apart,” Martin said.
For example, he said, M.H. initially told police she was imprisoned in Ladha’s home, forced to work up to 18 hours a day unpaid, and unable to communicate with the outside world. However, police later learned she had a cellphone that she frequently used, including to send text messages to Ladha calling her “mother.”
It was later discovered the Ladhas went on multiple business trips during the six months M.H. lived with them, leaving her alone to do as she pleased. And M.H. also eventually admitted going to parties with the Ladhas, out to restaurants and on vacation to Whistler.
“How does somebody who says they were starved and kept as a captive and wasn’t able to communicate with the outside world, how can they be believed when they then admit they have a telephone, went out to restaurants, and to prestigious dinner parties?” Martin asked.
The lawsuit alleges the RCMP pursued the case because the U.S. was pressuring Canada to improve on the “dearth” of human trafficking convictions, quoting documents posted on the whistleblower website WikiLeaks.
The documents show that in September 2009, three months after police started investigating M.H.’s claims, the lead officer in the case told American officials the RCMP was looking for a human trafficking case “with a bow on it” that prosecutors could use as precedent in this little-used area of the law.
This lead officer, Const. Caroline Raymond, said she had one such case of “forced labour and domestic servitude resulting in the near starvation of the victim,” and that an arrest would be imminent, according to WikiLeaks.
“A terrible wrong has occurred here,” Martin said. “The RCMP generally get things right. Sometimes they make mistakes. But in this case the evidence will show that they were captivated by an institutional hubris and responded to some political pressure from outside forces. And they brought charges to Mrs. Ladha that caused enormous damage.
“It really could happen to anybody.”
Martin recently represented another entrepreneur who was wrongly accused and sued the federal government, settling out of court for an undisclosed figure that is reportedly in the millions of dollars.
“The damage that’s been done to Mrs. Ladha warrants significant legal judgments issued to her in the millions of dollars,” he said.
The RCMP declined to comment Monday, saying its response would be filed in court.
Her legal fees were more than $500,000, and during the trial she could not rely on the equity in her house to help pay her lawyer because the B.C. Civil Forfeiture Office started the process to seize her home.
The forfeiture office was acting on erroneous information provided by the RCMP and didn’t do its own research, which is why the provincial government is also named in the lawsuit, Martin added. The claim on the house was lifted only after the acquittal.
B.C. Attorney General Suzanne Anton would not comment on this case, but said Monday she has confidence in the civil forfeiture system.
“The civil forfeiture office does make sure it has a robust case before it proceeds,” she said.
M.H.’s visitor’s visa to Canada was set to expire, and Martin alleges police told her she could remain in the country under a temporary resident permit if she were a victim of human trafficking. There are reports she is still in the country today and, if true, Martin said that is surprising given the judge’s ruling on M.H.’s evidence.
The Sun asked three federal government agencies to confirm whether M.H. was still in Canada. All declined, citing privacy rules.
Ladha hasn’t communicated with M.H. since the trial, but said she doesn’t hold a grudge.
“I wish her well, for wherever she is and whatever she is doing. It is sad. I do wonder at times why she did that to me,” Ladha said.
“I always saw her as one of my own daughters. I wouldn’t wish bad for one of my own daughters, so I wouldn’t wish bad for her either.”
‘Every night was a nightmare for me,' says woman acquitted of enslaving maid
Mumtaz Ladha was acquitted in 2013 after judge said alleged victim couldn’t be believed
By Lori Culbert, Vancouver Sun February 23, 2015
METRO VANCOUVER — Mumtaz Ladha cries as she recalls sitting in a Supreme Court prisoner’s box, listening to a former friend testify that she had been enslaved, starved and generally mistreated in the accused’s home.
It was difficult to listen to the testimony, which Ladha insists was all lies, and even more troubling to face the possibility of conviction during the 22-day trial in 2013.
“Every night was a nightmare for me. I couldn’t sleep all those 22 days. We didn’t know what the verdict would be,” Ladha said as she wept in a recent interview.
“It was very hard for my husband. … My daughter was pregnant and lost the baby during the trial. My son had to leave his job to come here and be with me to give me all the support I needed. (My other daughter) was already in depression.”
At the end of the trial, B.C. Supreme Court Justice Lauri Ann Fenlon acquitted Ladha, rejecting the complainant, a young Tanzanian woman, as an unreliable witness and ruling she had motivation to lie — to apply to stay in Canada as a victim of human trafficking.
Instead, Fenlon believed Ladha’s story of meeting the complainant in Africa, where Ladha’s family has businesses, and offering to bring the 21-year-old woman to Canada for a visit.
The Crown did not appeal.
But the acquittal came two and a half years after police announced her arrest for enslaving the Tanzanian woman, and imprisoning her with little more than table scraps to eat.
The damage to her reputation could not be undone, Ladha says in a civil suit filed Monday against the federal and provincial governments.
“Hell on earth — it has been very, very hard for us, the whole family. Even after I had been acquitted, it is very, very difficult to get over,” Ladha said. “I don’t see, in a long time, how we are going to get back to our normal lives.”
Before the criminal charges were laid in May 2011, Ladha and her husband ran several successful companies in Africa, were active in their Ismaili faith, generously donated to charities, and raised their three children in a $5-million West Vancouver home.
After the charges were laid in 2011, most of the businesses collapsed, she said, partly because banks and other investors shunned the Ladhas. They eventually sold their home to pay for legal expenses and other bills.
They were also harshly judged within their community. A death threat was left at their home, when Ladha’s grandchildren were playing inside, she said.
Their daughter Zahra, who had her PhD and was a marketing professor at UBC’s Sauder School of Business, was fired by her other employer, the health company Medela. Now the three Ladha children, all of them professionals, are working abroad, choosing to leave Canada due to the scandal.
All five adults in the Ladha family are listed as plaintiffs in the civil suit.
Ladha’s lawyer, David Martin, alleges in the suit the RCMP had “tunnel vision” because the force wanted to get a rare human trafficking conviction.
He alleged that officers ignored mounting evidence that challenged the credibility of the complainant, whose name is still protected by a publication ban and who was known only as M.H. in court.
“It’s really outrageous that police continued to press these charges as (the complainant’s) story fell apart,” Martin said.
For example, he said, M.H. initially told police she was imprisoned in Ladha’s home, forced to work up to 18 hours a day unpaid, and unable to communicate with the outside world. However, police later learned she had a cellphone that she frequently used, including to send text messages to Ladha calling her “mother.”
It was later discovered the Ladhas went on multiple business trips during the six months M.H. lived with them, leaving her alone to do as she pleased. And M.H. also eventually admitted going to parties with the Ladhas, out to restaurants and on vacation to Whistler.
“How does somebody who says they were starved and kept as a captive and wasn’t able to communicate with the outside world, how can they be believed when they then admit they have a telephone, went out to restaurants, and to prestigious dinner parties?” Martin asked.
The lawsuit alleges the RCMP pursued the case because the U.S. was pressuring Canada to improve on the “dearth” of human trafficking convictions, quoting documents posted on the whistleblower website WikiLeaks.
The documents show that in September 2009, three months after police started investigating M.H.’s claims, the lead officer in the case told American officials the RCMP was looking for a human trafficking case “with a bow on it” that prosecutors could use as precedent in this little-used area of the law.
This lead officer, Const. Caroline Raymond, said she had one such case of “forced labour and domestic servitude resulting in the near starvation of the victim,” and that an arrest would be imminent, according to WikiLeaks.
“A terrible wrong has occurred here,” Martin said. “The RCMP generally get things right. Sometimes they make mistakes. But in this case the evidence will show that they were captivated by an institutional hubris and responded to some political pressure from outside forces. And they brought charges to Mrs. Ladha that caused enormous damage.
“It really could happen to anybody.”
Martin recently represented another entrepreneur who was wrongly accused and sued the federal government, settling out of court for an undisclosed figure that is reportedly in the millions of dollars.
“The damage that’s been done to Mrs. Ladha warrants significant legal judgments issued to her in the millions of dollars,” he said.
The RCMP declined to comment Monday, saying its response would be filed in court.
Her legal fees were more than $500,000, and during the trial she could not rely on the equity in her house to help pay her lawyer because the B.C. Civil Forfeiture Office started the process to seize her home.
The forfeiture office was acting on erroneous information provided by the RCMP and didn’t do its own research, which is why the provincial government is also named in the lawsuit, Martin added. The claim on the house was lifted only after the acquittal.
B.C. Attorney General Suzanne Anton would not comment on this case, but said Monday she has confidence in the civil forfeiture system.
“The civil forfeiture office does make sure it has a robust case before it proceeds,” she said.
M.H.’s visitor’s visa to Canada was set to expire, and Martin alleges police told her she could remain in the country under a temporary resident permit if she were a victim of human trafficking. There are reports she is still in the country today and, if true, Martin said that is surprising given the judge’s ruling on M.H.’s evidence.
The Sun asked three federal government agencies to confirm whether M.H. was still in Canada. All declined, citing privacy rules.
Ladha hasn’t communicated with M.H. since the trial, but said she doesn’t hold a grudge.
“I wish her well, for wherever she is and whatever she is doing. It is sad. I do wonder at times why she did that to me,” Ladha said.
“I always saw her as one of my own daughters. I wouldn’t wish bad for one of my own daughters, so I wouldn’t wish bad for her either.”
Subject: Mumtaz Ladha...B.C. woman acquitted of human trafficking settles case over civil forfeiture - The Globe and Mail
https://beta.theglobeandmail. com/news/british-columbia/bc- woman-acquitted-of-human- trafficking-settles-case-over- civil-forfeiture/ article35933915/?ref=https:// www.theglobeandmail.com&click= sf_globefb
Sunny Dhillon
VANCOUVER
August 9, 2017
A woman acquitted of human trafficking who then filed a lawsuit over the conduct of both British Columbia's Civil Forfeiture Office and the RCMP has settled her case, saying she wants to move past the "terrible saga."
Mumtaz Ladha sued the provincial and federal governments in February, 2015. She said British Columbia's Civil Forfeiture Office – a government agency that does not need a conviction or charges to pursue property – relentlessly attempted to seize her multimillion-dollar home after the RCMP pushed an "improper narrative" that she had enslaved a young woman. Ms. Ladha's lawyer said she has now settled her lawsuit against both parties.
British Columbia's NDP government – which had called for a review of the province's Civil Forfeiture Act when it was in opposition – said Wednesday it has no plans to order one.
The Globe and Mail has reported extensively on the Civil Forfeiture Office, which was established as a way to fight organized crime but has come to have a far broader reach. Critics have questioned some of the files it takes on, calling it a cash cow. The Globe has interviewed those who have had to fight to keep their homes, vehicles, money and even a coin collection. Others have been unable to afford to argue their case.
Editorial: Once again, B.C. Civil Forfeiture Office uses too heavy a hand
Ms. Ladha, in a statement released through her lawyer, said now that the proceedings have concluded she is looking forward to "resuming my normal life with my reputation, and that of my family, fully restored."
Ms. Ladha highlighted an RCMP apology she received this week and said the force spread an incorrect narrative when she was charged in May, 2011.
Ms. Ladha's lawsuit had accused the RCMP of pushing a slave narrative in which the complainant in the case was said to have been brought to Canada without papers, before being forced to work 18 hours a day for no pay and only "table scraps" as food.
Ms. Ladha was found not guilty of human trafficking in November, 2013, with a B.C. Supreme Court judge saying the complainant – who was from Tanzania – was looking to remain in Canada and showed a "callous disregard" for truth.
"I only hope that something like this never happens to anyone else, ever again," Ms. Ladha's statement read.
The apology letter sent to Ms. Ladha by the RCMP was signed by Superintendent Sean Sullivan and confirmed the lawsuit had been resolved through a "compensation agreement." It said during the course of the criminal investigation "certain public statements were made by the RCMP that the force now recognizes were improper.
"On behalf of the RCMP, I would like to unreservedly apologize to you and your family for those statements," the letter read.
David Martin, Ms. Ladha's lawyer, said he could not disclose details of the settlement. He said in an interview that his client agreed to terms with the province last year, but the deal with Ottawa was only agreed to three weeks ago.
Ms. Ladha's lawsuit had claimed general, special, aggravated and punitive damages. It said her family had legal fees of $392,630 for the criminal case and $159,331 for the forfeiture case.
Additionally, she said the Civil Forfeiture Office incorrectly said that Ms. Ladha's daughter had also been criminally charged – causing her to lose her job – and played down evidence that went in Ms. Ladha's favour as it sought to meet its financial targets. The province later said the inaccurate statement about Ms. Ladha's daughter originated with the RCMP.
The lawsuit said police ignored holes in the complainant's story and forwarded Ms. Ladha's file to the Civil Forfeiture Office after the Crown said it would not pursue criminal forfeiture.
An RCMP spokesperson said in an e-mail that Supt. Sullivan's letter reflected the force's position and it had no further comment.
When asked during an interview about the NDP's previous call for a review, B.C.'s Minister of Public Safety Mike Farnworth, who is responsible for the Civil Forfeiture Office, said the office has experienced "some growing pains." But he said he believes the appropriate checks and balances are in place and the office is "being used the way that it is supposed to be used."
Those checks and balances, Mr. Farnworth said, include the fact cases can only be referred to the Civil Forfeiture Office by law enforcement. But when it was noted Ms. Ladha's case was referred to the office by law enforcement, Mr. Farnworth said: "That was a case that led to going, 'Okay, we need to make sure that the civil-forfeiture cases are in line with the spirit of the legislation, which was very much around gang crime and organized crime.'"
The BC Liberal government repeatedly defended the office, saying it only pursued cases in the public interest.
Mr. Martin said he was stunned when the office said it did not owe his client a duty of care and had no duty to investigate whether commencing forfeiture was appropriate.
"What government agency doesn't assess the propriety of proceeding against a citizen before doing so? They have enormous power. And they, like all government agencies, have a duty to ensure that they exercise that power properly and proportionally any time they do so," he said.
The province has said the office did not demonstrate bad faith in pursuing a case against Ms. Ladha and does not take on cases to meet financial targets.
A spokesperson for the Department of Justice in Ottawa said it does not plan to review how provinces use civil forfeiture. In a report last year, the Canadian Constitution Foundation said civil-forfeiture programs across the country – eight, in total – trampled on the rights of citizens and seized property from innocent people. It gave the civil-forfeiture regimes in British Columbia and Ontario a grade of "F."
The use of civil forfeiture has drawn similar criticism south of the border, but U.S. Attorney-General Jeff Sessions announced last month that country's Department of Justice would restore a policy that allows local and state police to more readily seize assets under federal law. The practice had been scaled back by the Obama administration.
https://beta.theglobeandmail. com/news/british-columbia/bc- woman-acquitted-of-human- trafficking-settles-case-over- civil-forfeiture/ article35933915/?ref=https:// www.theglobeandmail.com&click= sf_globefb
Sunny Dhillon
VANCOUVER
August 9, 2017
A woman acquitted of human trafficking who then filed a lawsuit over the conduct of both British Columbia's Civil Forfeiture Office and the RCMP has settled her case, saying she wants to move past the "terrible saga."
Mumtaz Ladha sued the provincial and federal governments in February, 2015. She said British Columbia's Civil Forfeiture Office – a government agency that does not need a conviction or charges to pursue property – relentlessly attempted to seize her multimillion-dollar home after the RCMP pushed an "improper narrative" that she had enslaved a young woman. Ms. Ladha's lawyer said she has now settled her lawsuit against both parties.
British Columbia's NDP government – which had called for a review of the province's Civil Forfeiture Act when it was in opposition – said Wednesday it has no plans to order one.
The Globe and Mail has reported extensively on the Civil Forfeiture Office, which was established as a way to fight organized crime but has come to have a far broader reach. Critics have questioned some of the files it takes on, calling it a cash cow. The Globe has interviewed those who have had to fight to keep their homes, vehicles, money and even a coin collection. Others have been unable to afford to argue their case.
Editorial: Once again, B.C. Civil Forfeiture Office uses too heavy a hand
Ms. Ladha, in a statement released through her lawyer, said now that the proceedings have concluded she is looking forward to "resuming my normal life with my reputation, and that of my family, fully restored."
Ms. Ladha highlighted an RCMP apology she received this week and said the force spread an incorrect narrative when she was charged in May, 2011.
Ms. Ladha's lawsuit had accused the RCMP of pushing a slave narrative in which the complainant in the case was said to have been brought to Canada without papers, before being forced to work 18 hours a day for no pay and only "table scraps" as food.
Ms. Ladha was found not guilty of human trafficking in November, 2013, with a B.C. Supreme Court judge saying the complainant – who was from Tanzania – was looking to remain in Canada and showed a "callous disregard" for truth.
"I only hope that something like this never happens to anyone else, ever again," Ms. Ladha's statement read.
The apology letter sent to Ms. Ladha by the RCMP was signed by Superintendent Sean Sullivan and confirmed the lawsuit had been resolved through a "compensation agreement." It said during the course of the criminal investigation "certain public statements were made by the RCMP that the force now recognizes were improper.
"On behalf of the RCMP, I would like to unreservedly apologize to you and your family for those statements," the letter read.
David Martin, Ms. Ladha's lawyer, said he could not disclose details of the settlement. He said in an interview that his client agreed to terms with the province last year, but the deal with Ottawa was only agreed to three weeks ago.
Ms. Ladha's lawsuit had claimed general, special, aggravated and punitive damages. It said her family had legal fees of $392,630 for the criminal case and $159,331 for the forfeiture case.
Additionally, she said the Civil Forfeiture Office incorrectly said that Ms. Ladha's daughter had also been criminally charged – causing her to lose her job – and played down evidence that went in Ms. Ladha's favour as it sought to meet its financial targets. The province later said the inaccurate statement about Ms. Ladha's daughter originated with the RCMP.
The lawsuit said police ignored holes in the complainant's story and forwarded Ms. Ladha's file to the Civil Forfeiture Office after the Crown said it would not pursue criminal forfeiture.
An RCMP spokesperson said in an e-mail that Supt. Sullivan's letter reflected the force's position and it had no further comment.
When asked during an interview about the NDP's previous call for a review, B.C.'s Minister of Public Safety Mike Farnworth, who is responsible for the Civil Forfeiture Office, said the office has experienced "some growing pains." But he said he believes the appropriate checks and balances are in place and the office is "being used the way that it is supposed to be used."
Those checks and balances, Mr. Farnworth said, include the fact cases can only be referred to the Civil Forfeiture Office by law enforcement. But when it was noted Ms. Ladha's case was referred to the office by law enforcement, Mr. Farnworth said: "That was a case that led to going, 'Okay, we need to make sure that the civil-forfeiture cases are in line with the spirit of the legislation, which was very much around gang crime and organized crime.'"
The BC Liberal government repeatedly defended the office, saying it only pursued cases in the public interest.
Mr. Martin said he was stunned when the office said it did not owe his client a duty of care and had no duty to investigate whether commencing forfeiture was appropriate.
"What government agency doesn't assess the propriety of proceeding against a citizen before doing so? They have enormous power. And they, like all government agencies, have a duty to ensure that they exercise that power properly and proportionally any time they do so," he said.
The province has said the office did not demonstrate bad faith in pursuing a case against Ms. Ladha and does not take on cases to meet financial targets.
A spokesperson for the Department of Justice in Ottawa said it does not plan to review how provinces use civil forfeiture. In a report last year, the Canadian Constitution Foundation said civil-forfeiture programs across the country – eight, in total – trampled on the rights of citizens and seized property from innocent people. It gave the civil-forfeiture regimes in British Columbia and Ontario a grade of "F."
The use of civil forfeiture has drawn similar criticism south of the border, but U.S. Attorney-General Jeff Sessions announced last month that country's Department of Justice would restore a policy that allows local and state police to more readily seize assets under federal law. The practice had been scaled back by the Obama administration.