The lawyer for the former truck driver who caused the deadly Humboldt Broncos bus crash hopes he will get a chance to argue against his clientB次元官网网址檚 possible deportation before the Federal Court of Canada.
The Canada Border Services Agency recommended in March that Jaskirat Singh Sidhu be handed over to the Immigration and Refugee Board to decide if he should be deported back to India.
SidhuB次元官网网址檚 lawyer, Michael Greene, has already filed an argument with the Federal Court and expects written arguments from the Department of Justice by the end of the month. He said he will then have a chance to respond by July 22, when it will be placed in the hands of a Federal Court judge.
B次元官网网址淎 judge will decide if weB次元官网网址檝e got enough of a case to grant leave. If the judge grants leave, then we argue the case in open court,B次元官网网址 Greene said in an interview.
B次元官网网址淏ased on what IB次元官网网址檝e seen in the past, itB次元官网网址檚 usually a few months before you hear whatB次元官网网址檚 going to happen next.B次元官网网址
In March 2019, Sidhu was sentenced to eight years after pleading guilty to dangerous driving causing death and bodily harm in the April 6, 2018, collision that killed 16 people and injured 13.
Court was told that the rookie Calgary trucker, a newly married permanent resident, went through a stop sign at a rural Saskatchewan intersection and drove into the path of the Humboldt Broncos bus carrying players and staff to a junior hockey league playoff game.
Greene said he believes the system is flawed. He said one CBSA officer reviewed the evidence and made a recommendation to deport Sidhu, which was approved by a superior.
B次元官网网址淚 think the main thing is both officers were fixated on the casualties, which is not hard to do, and it was like basically saying the seriousness of the offence as judged by its consequences, outweighs all other factors,B次元官网网址 Greene said.
B次元官网网址淭his exercise is not to mete out punishment and thatB次元官网网址檚 what theyB次元官网网址檙e doing. TheyB次元官网网址檙e meting out punishment B次元官网网址 further punishment,B次元官网网址 Greene said.
B次元官网网址淗e already got the highest sentence ever for this kind of an offence. Now theyB次元官网网址檙e wanting to double down with permanent exile.B次元官网网址
Greene said if there was a chance Sidhu would reoffend and put the public at risk, the decision would make sense. But he says thatB次元官网网址檚 not the case.
The Canada Border Services Agency declined to comment on SidhuB次元官网网址檚 case.
But a spokeswoman said in a statement that there are multiple steps built into the process to ensure procedural fairness and the agency would only act on a removal order once all legal avenues of recourse have been exhausted.
B次元官网网址淎ll individuals who are subject to enforcement action and ordered to be removed from Canada have access to due process before the law, and all removal orders can be challenged through various levels of appeal.B次元官网网址
Greene said he is cautiously optimistic he will get to argue the case in open court, but he said the way the system is set up, it could all end up back at square one.
B次元官网网址淚B次元官网网址檓 kind of optimistic weB次元官网网址檒l get leave and we could well win in Federal Court. The problem is a victory in Federal Court sends it back to the CBSA and you just get a different officer,B次元官网网址 he said.
B次元官网网址淚 think the fundamental problem with the system is because the CBSA is an enforcement agency who doesnB次元官网网址檛 dispense justice. ItB次元官网网址檚 all about enforcing the Immigration Act. ItB次元官网网址檚 about deporting people.B次元官网网址
B次元官网网址擝ill Graveland, The Canadian Press