MONTREAL – Victor Morales’ origins may lie in Chile but, after more than three decades here, his heart has long been in Canada.
He left Chile as a six-year-old, in 1976, and is about to find out whether he will be deported back there. A decision from Federal Court Judge Yves De Montigny is expected within the next few days.
Morales, a street musician who has long played in Montreal’s transit system and around town, is scheduled to be removed from Canada on Feb. 8.
Morales admits his track record is bumpy: it includes drug and alcohol problems, during which he accumulated a lengthy rap sheet including a list of non-violent, mostly petty crimes.
According to a federal lawyer, Morales had 18 guilty pleas between 1994 and 2004, with convictions for drunk driving, break-and-enter, theft, and possessing and selling small amounts of cocaine.
But his supporters say he doesn’t deserve to be deported. They call the case an example of Canada’s draconian immigration policy.
Morales swears he’s been clean for years.
"I’m a Canadian citizen, I’m a Quebecois, I’m a (permanent) resident who lost his status because of his criminal past," Morales told reporters at the federal courthouse.
"But that’s in the past. Since 2004, I’ve followed the word of God."
Morales says he’s now an evangelical Christian, living a clean life as a father of three and is the primary caregiver for his mother who is suffering from AIDS. Morales says he sees two of his three boys – aged 13 and 14 – every day even though they live with his ex-wife.
He has received letters of support for his case from his ex-wife, his former sister-in-law, and from others including the addiction counsellor who supervised his alcohol-treatment program.
Morales’ destination if deported – Chile – is a country he has not seen since he left at age six. He then spent two years in Argentina, before arriving in Canada.
"He doesn’t know Chile. He can’t go there. He left when he was very little – he doesn’t know anything there," said his mother, Monica Morales.
"My son did things, but it wasn’t him. It was the alcohol and the drugs," she added, struggling to stifle sobs.
"Now he’s well . . . he’s looking out for his children and he’s taking care of things. They need to give him a chance."
A few dozen supporters turned up at Federal Court in Montreal on Monday where Morales’ lawyer requested a stay on his Feb. 8 deportation.
Ottawa began deportation proceedings in 1998 but never executed them.
Over subsequent years, Morales spent time behind bars and later slipped off the federal radar screen as he made no effort to obtain travel documents. He also failed to file federal income-tax papers. According to his lawyer, he was making about $25,000 a year at the time, primarily from busking.
The case against him picked up again in 2008. A 2009 request to have the deportation order overturned for humanitarian reasons was rejected in late 2010.
"I’m asking for a judicial review of that decision because it just doesn’t make sense," said lawyer Stewart Istvanffy.
"He hasn’t had any criminal problems since 2004 and he’s a born-again Christian and he talks about having Jesus Christ in his life."
But an immigration official who looked at the case said it wasn’t clear how implicated – if at all – Morales was in his children’s life.
A lawyer for the government said it’s sad when parents are separated from their children, but that Morales has exhausted all avenues.
Istvanffy said the case highlights a push by Canada to deport anyone with a criminal record – regardless of the severity of the crimes committed.
He characterized his client’s crimes as "minor," noting that Morales never spent more than a few weeks in jail for any of the offences.
"He’s not really a criminal. He’s someone with a criminal record," Istvanffy said.
"We are one of the worst countries for deporting people with minor criminal records. . . There’s supposed to be some sense of proportionality and what you do with someone with a criminal record."
Morales’ family is solidly behind him: four siblings and nine nephews and nieces, all Canadians, have thrown their support behind him, said Istvanffy. So has the evangelical Christian church he belongs to.
If he’s deported Morales could, in theory, apply for a pardon in 2013 and then attempt to re-enter Canada.
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