Examining Common Factors for Deportation from the Humboldt Traffic Accident Case
Recently, there have been news reports regarding the sentencing and impending deportation of the individual responsible for the Humboldt Broncos bus crash. This news has once again brought to mind the heartbreaking traffic accident that shook all of Canada in the spring of 2018. We are deeply saddened once more by the tragic Humboldt Broncos bus accident that occurred on April 6, 2018, in Saskatchewan, Canada. This devastating incident resulted in the loss of 16 lives and injuries to 13 others, profoundly affecting the victims’ families and the community. The Humboldt Broncos team was en route to a playoff game when their bus collided with a semi-trailer, leading to this unfortunate event.
We extend our deepest condolences and sympathy to all the victims and their families. We also express our gratitude to the first responders, medical personnel, and volunteers who swiftly responded to the incident, whose efforts and dedication showcased the best of humanity. This accident not only prompts us to re-examine the importance of traffic safety but also highlights the need for improvements in relevant laws and policies, particularly immigration regulations.
In this case, the responsible truck driver was sentenced to eight years in prison for serious criminal offenses. According to the Immigration and Refugee Protection Act, permanent residents convicted of serious crimes, such as dangerous driving causing death or serious injury, may face the loss of their permanent resident status and risk deportation.
Such legal precedents have a profound impact on immigrant communities, causing shock and concern over the uncertainty and strictness of the Canadian laws. Here, we will discuss the factors that can lead to the deportation of a Canadian resident or even a citizen, based on cases reported in the news over the past 20 years and examples observed in our own experiences.
Who cannot be deported?
Directly obtain and inherit citizenship for the following reasons:
- Born on Canadian soil, with both parents not being foreign government diplomats
- At birth, one of the biological parents is a Canadian citizen born on Canadian soil
Possible reasons for the deportation of naturalized citizens
Currently known reasons that can lead to the deportation of naturalized citizens:
- Deliberate fraud at any stage of obtaining citizenship, and the fraud is significant
(Example: For instance, if a person transitions from a student visa to a work permit, to permanent residency, and then to citizenship, but it is discovered that the student visa was obtained fraudulently, then it can trigger a domino effect, leading to the revocation of citizenship.)
Differences between Citizens and Permanent Residents
Rights that citizens have but permanent residents may be restricted or do not have:
- Voting rights
- The right to run for public office
- The right to hold public office
- The right to serve in the military
- Citizens do not have residency obligations
- Consular protection and assistance overseas
Residency Obligation for Permanent Residents
According to Section 28 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27), “A permanent resident must comply with a residency obligation with respect to every five-year period” and “a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are physically present in Canada.”
Legal Basis for Deporting the Driver Involved in the Accident
The driver involved in the accident is subject to deportation based on violations of immigration laws, as outlined below:
- Inability to Fulfill Residency Obligation (Section 28, Paragraph (a))
- Serious Criminality (Section 36, Paragraph (a))
- Endangerment of Life or Safety (Section 34, Paragraph (e))
