(Montreal) A federal judge has rejected the claims of the truck driver who caused the fatal crash of the Humboldt Broncos bus in Saskatchewan and who was fighting his deportation to India.
Jaskirat Singh Sidhu was sentenced to eight years in prison for causing the 2018 crash that killed 16 people and injured 13 others. He pleaded guilty to dangerous driving charges.
The novice Calgary trucker, newly married permanent resident, ran a stop sign at a rural intersection near Tisdale, Sask., and plowed into the bus carrying the junior hockey team to a playoff game .
Mr. Sidhu was granted parole earlier this year, but the Canada Border Services Agency had recommended his deportation.
Mr. Sidhu’s lawyer, Michael Greene, argued in the Federal Court in September that border officers failed to take into account the accused’s previously clean criminal record and remorse.
Me Greene requested that the agency be ordered to conduct a second review of the matter and reverse the decision.
“The facts underlying Mr. Sidhu’s applications to this court have been devastating for everyone involved. Many lives have been lost, others have been torn apart, and many hopes and dreams have been shattered,” Chief Justice Paul Crampton wrote in his decision.
“Unfortunately, nothing this court decides can change much of these truly tragic consequences. »
Judge Crampton said the border authorities were fair in their assessment and took into account both Mr Sidhu’s lack of criminal record and “the extraordinary degree of sincere and heartbreaking remorse”.
“The officer’s decision was properly justified, transparent and intelligible,” Mr. Crampton wrote. It also reflects a coherent and rational chain of analysis, and meaningfully engages with the key issues raised by Mr Sidhu. »
He said Mr Sidhu now faced deportation to India, after spending years of hard work establishing a life with his wife in Canada.
Justice Crampton indicated that Mr. Sidhu can still apply for permanent resident status on humanitarian grounds.
A “difficult battle” from the start
Me Greene said the decision was not a complete surprise and that Mr Sidhu was aware it was an “uphill battle” from the start.
The lawyer said a recent court ruling regarding the rights of those with permanent residency was the final blow.
“The Federal Court of Appeal ruled in June regarding a different provision of the Immigration Act, which essentially says that permanent residents do not have the right to have their circumstances considered before being deported “, did he declare.
“They have no more rights than a foreign national. »
Me Greene said Mr. Sidhu was considering seeking reinstatement of his permanent resident status on humanitarian grounds.
“Now it is the (ministry) of Immigration and Citizenship that will decide. It’s an entirely different agency with a different mandate and different considerations,” explained Mr.e Greene.
“The next step is an eviction hearing. Hopefully the government will let him stay while this is considered, because they might go ahead and deport him in the process. »
Me Greene said he met with Mr. Sidhu and his wife, who were disappointed, but would “continue to persevere.”
The couple welcomed a son in April.
“He had many medical problems. He spent four months in neonatal intensive care for open heart surgery. His heart stopped beating,” said M.e Greene.
“On top of (the expulsion), they have all this to deal with. »
The “good message”
Chris Joseph of St. Albert, Alta., whose 20-year-old son Jaxon was killed in the crash, had filed for eviction.
“It’s the right decision and it sends the right message,” Mr. Joseph said of Thursday’s decision.
“It has been five years of pain for our family and for many other families…for all of us, it has been a continuous pain that never leaves us. »
Michelle Straschnitzki of Airdrie, Alta., whose son Ryan was paralyzed from the chest down in the crash, said she was glad Mr. Sidhu worked to improve her life. But that doesn’t change the impact on Broncos team families.
“The horror of images and broken lives does not diminish with time ‘purged’. For all of us, it’s a life sentence,” she said.