Deportation – No Appeal Rights Sentences of Six Months

Deportation is now a lot easier.

Previously, if a permanent resident was convicted of a crime in Canada and received a sentence of at least two years and the crime carried a maximum sentence of ten years, then the permanent resident could be deported for serious criminality. There would be no right of appeal. If the conviction was less than two years, then the permanent resident could appeal – usually on humanitarian and compassionate grounds.

That has now changed. A permanent resident who receives a sentence of six months or more can be deported without any appeal rights. Additionally, a permanent resident who is convicted outside of Canada cannot appeal at all if the criminal act would have been punishable by 10 years or more of imprisonment if committed in Canada.

You can read more on the Citizenship and Immigration website.

Out of Luck – Court Throws Out Backlog Lawsuit

In spring 2012, the Federal Government announced that all Federal Skilled Worker applications received prior to February 27, 2008 would be terminated and fees returned to the applicants. The reason for this change was to help reduce the backlog of Federal Skilled Worker applications in the system. Obviously, this upset some rejected applicants. A lawsuit was commenced to force the government to process the applications.

The lawsuit has now been thrown out by the Federal Court. The Court was basically satisfied that the government followed the “Rule of Law”. So while the court recognized the hardship to the applicants, the case had to be dismissed.

Interestingly, the judge certified three questions. This means that the matter can be appealed.

You can read more about this here.

CBSA Continues Crackdown On the Most Wanted

CBSA are continuing their crackdown on the most violent non-citizens. I wrote about the crackdown here.

Now the Toronto Police have captured two foreign nationals who are among the top 24 most wanted fugitives. There inadmissible for crimes ranging from convictions for robbery and drug trafficking to assault causing bodily harm. The Minister of Public Safety said the Most Wanted list who are hiding will be found and deported.

The two were located after police received calls from the public about their whereabouts. CBSA maintains a toll free service for this purpose – Border Watch -1-888-502-9060.

If you are a convicted criminal in Canada, it is best to simply try to rehabilitate yourself if you wish to live here long term. It makes no sense to live in hiding. If you are willing to be rehabilitated, then you may well have a second chance of returning to Canada. It may take a long time, but it is better in the long run.

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Their Deportation, Your Money

Leon Mugesera, a suspected Rwandan war criminal, was deported from Canada earlier this year. He is currently sitting in a Rwandan jail facing charges linked to the 1994 Rwandan genocide. However, the question arises “who pays for his deportation and how much does it actually cost?”

Well, we all know that the Canadian taxpayer pays for his deportation. Most deportees would not have the funds to pay for the costs of deportation. However, the costs are very high. The actual costs may depend on the individuals facing deportation. For Mugesera, his deportation cost was a staggering $184,671 CAD. This includes the cost of a chartered plane from Montreal, a nurse and three security guards on board.

Another deportee, Tunisian imam Said Jaziri, was removed from Canada for lying at the Canadian border about a criminal record in France. The cost of his deportation bill was $93,583. He was also flown out in a private flight with four border guards on board.

Lower-profile deportations, cost less money but are still very expensive. For instance, Chinese fugitive Lai Changxing’s deportation cost Canadian taxpayers $17,380 (I wrote about Mr. Changxing here). Mexican Paola Ortiz’s deportation costs were billed at $3,266. She is now back in Canada (legally).

The differences in the treatment and costs between “high profile” and “lower-profile” deportations was explained by the CBSA as:

“Private aircraft is used … to remove inadmissible individuals who are a security risk or face medical challenges… This is not a luxury by any means. It is a measure to ensure that inadmissible individuals, such as criminals and terrorists, leave Canada without further abusing the generosity of Canadians.”

So are we getting value for the money being spent? Is there a more cost effective way of ensuring that Canada is kept safe by removing criminals? What is the point of deporting people who will be back legally in 6 months?


Canada Stepping Up Enforcement Efforts

The Canadian government continues with its enforcement push against persons living in Canada illegally.  The Canadian Border Services Agency made announcement of further  The focus today is on failed refugee claimants.

The Canada Border Services Agency (CBSA)is hiring an additional 95 enforcement officers in order to remove an additional 4,200 failed refugee claimants. If successful, the CBSA will remove a total of over 13,000 refugees from Canada per year.  Most of the officers will be based in the Toronto area.  The aim is to remove all rejected claims from Canada at least one year after the negative decision was made.  There are also plans to put in systems to track failed claimants.

The CBSA will implement an “Assisted Voluntary Returns,” to help with the removal of low-risk claimants.

“CBSA Most Wanted” List coming

“Wanted” list coming for persons facing deportation.

Some time ago, the Canadian government issued a list of persons facing deportation from Canada for suspected war crimes.  As a result of the publication of the list, seven of the thirty war criminals were arrested and two have apparently been removed from Canada.  Thus the publication was successful in apprehending the suspects.

As a result, the same strategy will be used to identify, not just suspected war criminals, but also the worst criminal offenders facing deportation but cannot be located.  Mugshots, age and countries of origin will be posted on line.  The public will be able to call a toll-free number to, I suppose, give information to the authorities.  There may be an award for tipsters.

This is probably part of the government’s tough-on-crime strategy.

It will be interesting to see how this strategy works.  Just how many persons will be on these lists?  (The article suggests 20,000)  Is this a temporary measure or a a new permanent part of the deportation process?   I suspect that there are relatively few suspected war criminals compared to persons convicted of violent crimes and facing deportation.  I also suspect that this will create a new bureaucracy in enforcing removals.