A federal judge has dismissed applications from the truck driver who caused the deadly Humboldt Broncos bus crash in Saskatchewan and was fighting deportation back to India.Jaskirat Singh Sidhu was sentenced to eight years for causing a crash that killed 16 people and injured 13 others.
The rookie Calgary trucker, a newly married permanent resident, went through a stop sign at a rural intersection and drove into the path of the bus carrying Broncos players and staff in 2018.
The Canada Border Services Agency (CBSA) has recommended Sidhu be handed over to the Immigration and Refugee Board to decide whether he should be deported to India.
Sidhu and his legal team claimed that the CBSA officer on the case unfairly used letters from the public as a determining factor in his recommendation for an inadmissibility hearing.
They argued the agency’s decision was unreasonable and applied to have the case reconsidered.
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His application was denied on Thursday by Federal Court Chief Justice Paul Crampton in Ottawa.
During a court hearing, the CBSA said it was in possession of letters from individuals concerned with the example that not removing Sidhu, who caused an extreme level of devastation, would set for society.
Crampton said in his decision that the CBSA officer didn’t consider public opinion when making his decision.
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According to Crampton’s ruling, the letters were not included in a document of factors the officer was using to reach his decision, nor were the letters included in an email from the officer that listed the third-party documents that would be used during court deliberations.
“It is readily apparent from the Officer’s Decision that he did not consider public opinion in making that recommendation,” Crampton ruled.
Crampton also disagreed with Sidhu’s claim that the CBSA disregarded his potential for rehabilitation.
In court, the CBSA acknowledged Sidhu’s clean criminal and driving record, his positive support network, and the fact that he is clearly remorseful for the devastation his actions caused.
Sidhu claimed a minister’s delegate refused to consider the hardships he might face in India because of his PTSD and depression.
“Any hardship Mr. Sidhu would experience if removed from Canada is minimized by the amount of immediate family members residing in India,” read a written decision from a government delegate.
The decision said that Sidhu “has a very good and strong family in India that will be there for him,” and that the likelihood of employment opportunities in India is strong.
The delegate said that if Sidhu is deported, a pre-removal risk assessment would be ordered.
Sidhu argued the assessment wouldn’t include his mental deterioration and risk of suicide.
Crampton noted that Sidhu can still make a request to apply for permanent Canadian residency on the grounds of humanitarian and compassionate consideration.
– With files from The Canadian Press.
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