EXCLUSIVE: Immigration lawyer blasts backlogged system as Sidhu fights deportation

An immigration lawyer is demanding a major overhaul of Canada’s immigration system after Jaskirat Singh Sidhu announced his bid to stay in the country, fighting deportation.

Author: Clayton DeMaine

An immigration lawyer is demanding a major overhaul of Canada’s immigration system after Jaskirat Singh Sidhu, the man responsible for the fatal Humboldt Broncos crash that killed 16 and injured 13, announced his bid to stay in the country, fighting deportation.

Sergio Karas, an immigration lawyer, told Juno News that anyone convicted of a crime who was sentenced to a custodial sentence of more than six months is considered deportable. However, some cases can take up to 10 years to process. He said there are several obvious ways Canada can reduce the backlog and streamline deportations.

“Sidhu can still make arguments in writing under ‘humanitarian and compassionate review’ to try to convince an officer of the Canada Border Services Agency that he can remain in Canada on those grounds such as having children or if he has a medical condition.”

The Counter Signal has launched a petition last week to have Sidhu deported in a bid to bring justice to the family and friends of those killed in the crash.

Make your voice heard. Click this image to sign the petition.

Sidhu pleaded guilty to 16 counts of dangerous driving causing death and 13 counts of dangerous driving causing bodily harm after driving his commercial truck through a stop sign with flashing yellow lights. The courts declared that neither road conditions, the sun nor trees interfered with Sidhu’s ability to see on the day of the crash, April 6, 2018.

In a CBC article about the immigration impacts he faces for his driving, Sidhu claimed he had Post-Traumatic Stress Disorder from the accident.

Sidhu was originally given an eight-year prison sentence but was out on parole a little more than three years after his sentencing. He was granted day parole in 2022 and appears to have two children, one a newborn, under the age of four or five.

“It’s pretty heavy. Courts in Canada don’t impose custodial sentences of that length more than six months, unless the crime is really serious,” Karas said. “Contrast that to the United States, where a person who commits a criminal sentence and goes to jail is immediately deportable.”

His eldest son reportedly has health conditions that Sidhu and his wife have claimed should prevent his deportation.

As independent journalist Mocha Bezirgan highlighted on X, Sidhu announced on RED FM, speaking in Punjabi, that he hopes the CBSA approves his request to avoid deportation on humanitarian grounds. He also warned that if the CBSA or Public Safety Minister Gary Anandasangaree does not approve his application or intervene, he will challenge the decision in court.

Karas warned that the length of the deportation process, mainly due to “gigantic” volumes of immigration and repeal claims, could mean Sidhu stays in Canada for several years, even if he is ultimately deemed inadmissible.

He argued the backlog cannot be due to staffing shortages, as the IRCC has “grown exponentially” under the Trudeau government. Instead, the volume of requests is simply “outpacing” the growth of the immigration bureaucracy.

Karas suggested there are points in the immigration process that do not require time in a court room to “speed up” judicial reviews. He gave an example: one of the preliminary immigration hearings after a migrant is sentenced to more than six months in prison consists of the judge merely asking the potential deportee if they received that sentence.

“That could be done administratively without the need for a hearing, and that could save a lot of time,” he said. “Everything needs to be sped up in terms of judicial reviews.”

He also noted that “people are deportable in the meantime” stating that proceedings can continue while the deportee is in their home country in most cases. He said if the applicant is successful in convincing immigration officials that he should be deemed admissible, they can simply bring the migrant back to Canada.

“They don’t want to do that most times for non criminals, for criminals, you know, the consideration has to be real quick,” he said. “When there is criminality involved, (the courts) should allow the person to make his or her arguments and then make a decision quickly, on the humanitarian and compassionate review.”