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‘Permanent exile’: lawyer for trucker in Broncos crash hopes to argue deportation

The lawyer for the previous truck driver who triggered the lethal Humboldt Broncos bus crash hopes he’ll get an opportunity to argue in opposition to his shopper’s attainable deportation earlier than the Federal Courtroom of Canada.

The Canada Border Providers Company beneficial in March that Jaskirat Singh Sidhu be handed over to the Immigration and Refugee Board to determine if he needs to be deported again to India.

Sidhu’s lawyer, Michael Greene, has already filed an argument with the Federal Courtroom and expects written arguments from the Division of Justice by the top of the month. He mentioned he’ll then have an opportunity to reply by July 22, when it will likely be positioned within the palms of a Federal Courtroom choose.

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“A choose will determine if we’ve bought sufficient of a case to grant depart. If the choose grants depart, then we argue the case in open court docket,” Greene mentioned in an interview.

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“Primarily based on what I’ve seen prior to now, it’s often just a few months earlier than you hear what’s going to occur subsequent.”

In March 2019, Sidhu was sentenced to eight years after pleading responsible to harmful driving inflicting dying and bodily hurt within the April 6, 2018, collision that killed 16 folks and injured 13.

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Courtroom was advised that the rookie Calgary trucker, a newly married everlasting resident, went by way of a cease signal at a rural Saskatchewan intersection and drove into the trail of the Humboldt Broncos bus carrying gamers and employees to a junior hockey league playoff sport.

Greene mentioned he believes the system is flawed. He mentioned one CBSA officer reviewed the proof and made a suggestion to deport Sidhu, which was accepted by a superior.

“I believe the principle factor is each officers had been fixated on the casualties, which isn’t exhausting to do, and it was like mainly saying the seriousness of the offence as judged by its penalties, outweighs all different elements,” Greene mentioned.

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“This train is to not mete out punishment and that’s what they’re doing. They’re meting out punishment … additional punishment,” Greene mentioned.

“He already bought the best sentence ever for this sort of an offence. Now they’re desirous to double down with everlasting exile.”

Greene mentioned if there was an opportunity Sidhu would reoffend and put the general public in danger, the choice would make sense. However he says that’s not the case.

The Canada Border Providers Company declined to touch upon Sidhu’s case.

However a spokeswoman mentioned in an announcement that there are a number of steps constructed into the method to make sure procedural equity and the company would solely act on a removing order as soon as all authorized avenues of recourse have been exhausted.

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“All people who’re topic to enforcement motion and ordered to be faraway from Canada have entry to due course of earlier than the regulation, and all removing orders may be challenged by way of varied ranges of enchantment.”

Greene mentioned he’s cautiously optimistic he’ll get to argue the case in open court docket, however he mentioned the best way the system is about up, it may all find yourself again at sq. one.

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“I’m sort of optimistic we’ll get depart and we may nicely win in Federal Courtroom. The issue is a victory in Federal Courtroom sends it again to the CBSA and also you simply get a unique officer,” he mentioned.

“I believe the elemental downside with the system is as a result of the CBSA is an enforcement company who doesn’t dispense justice. It’s all about implementing the Immigration Act. It’s about deporting folks.”

© 2022 The Canadian Press

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