A major immigration fraud case in Saskatchewan has collapsed after a judge ruled that misconduct by investigators from the Canada Border Services Agency violated the accused man’s right to a fair trial.
Gurpreet Singh, a 40-year-old Indian national who came to Canada on a temporary visa, has now filed a lawsuit against the federal government and several CBSA officials, alleging malicious prosecution and violations of his Charter rights.
Judge calls investigation a “systemic collapse”
In a 2025 decision from the Saskatchewan Court of King’s Bench, Justice Naheed Bardai ruled that the investigation into Singh had been compromised by serious errors and misconduct.
The judge described the situation as a “systemic collapse,” stating that the conduct of investigators “offends society’s sense of fair play and decency.”
The ruling came after Singh had already been found guilty in 2022 of running an immigration fraud scheme involving fake job-offer letters used by foreign nationals to obtain entry into Canada.
However, the judge issued a stay of proceedings, an extraordinary legal remedy that permanently halts the prosecution. As a result, Singh avoided sentencing and received no criminal record, despite the judge stating that the evidence still convinced him Singh was guilty.
Fake job letters used in immigration scheme
According to court findings, investigators discovered documents on Singh’s laptop offering religious worker positions at Sikh temples in Regina and Kelowna.
The court determined that the jobs did not exist and that the letters were used by immigrants from India to enter Canada under false pretenses.
Singh’s lawyers argued that he was not the mastermind behind the scheme and was instead being used by another individual, who later testified from India claiming responsibility. The judge rejected that explanation, ruling that Singh knowingly participated.
Investigator investigated himself
The case unraveled after defence lawyers alleged misconduct by the lead CBSA investigator, Toban Tisdale.
Instead of stepping aside when allegations emerged that he intimidated witnesses, the investigator launched his own investigation into the claims and contacted witnesses directly to record statements defending his conduct.
Justice Bardai said this created a serious conflict of interest and undermined the fairness of the justice process.
The judge compared the situation to asking the accused himself to investigate whether he committed the crime.
Supervisors and prosecutors also failed to stop the situation, the court found.
Singh now seeking compensation
Following the collapse of the criminal case, Singh has launched a civil lawsuit against the CBSA and several officials. His claim alleges:
- malicious prosecution
- negligent investigation
- conspiracy
- violations of his constitutional rights
The claims have not yet been tested in court.
Immigration status still uncertain
Despite avoiding conviction, Singh’s attempt to obtain permanent residency in Canada on humanitarian grounds has been rejected by Immigration, Refugees and Citizenship Canada.
Immigration officials noted that Singh worked without authorization in Canada and failed to file taxes during the decade he lived in the country.
Singh is appealing that decision in federal court while continuing his civil lawsuit against the government.
The case remains ongoing in both the immigration and civil court systems.