Justice Ian Binnie of the Supreme Court, wrote the decision upon behalf of the majority (7-1) ruling of the Supreme Court of Canada, in the case of Mr. Sukhvir Singh Khosa. Mr. Khosa pleaded with the court to allow him to stay in Canada on humanitarian and compassionate grounds, after the Immigration and Refugee Board had earlier ordered that he be deported. The Supreme Court ruled that it would not interfere with the earlier decision of the Immigration and Refugee Board to deport Mr. Khosa.
Sequence of Events:
In Vancouver, British Columbia on November 2000, Irene Thorpe was out taking an evening walk. Mr. Khosa who racing his Chevrolet Camaro at about 120 kilometres an hour in a 50 kilometre posted zone against his friend,Bahadur Singh Bhalr, lost control of his vehicle, which ended Ms. Thorpe’s life. Both men were charged with criminal negligence causing death
Almost two years later, on October 18, 2002 both men were found guilty of criminal negligence causing death. Bahadur Singh Bhalru was the Bhalru is the first person convicted in British Columbia of criminal negligence causing death whose vehicle didn’t hit the victim.
On Monday, February 3, 2003 British Columbia Supreme Court Judge Linda Loo sentenced both men to the following:
Bahadur Singh Bhalru, 23, and Sukhvir Singh Khosa, 20, were handed conditional sentences of two years, less a day – to be served at home, so they can continue to work and go to school. In addition to these conditional sentences, both men were placed on probation for three (3) years and their driver’s licences were revoked for five years.
Following the convictions, the Immigration Board ordered a valid removal order to return both Bhalru and Khosa to India.
Bahadur Singh Bhalru returned to India in 2005. Sukhir Singh Khose approached the Immigration Appeal Division requesting special relief on “humanitarian and compassionate grounds” from the removal order. The Immigration Appeal Division denied special relief on “humanitarian and compassionate grounds” from the removal order.
Bhalru appealed the Immigration Appeal Division’s decision of the Immigration and Refugee Board to the Federal Court of Appeal. A majority of the Federal Court of Appeal applied a “reasonableness” simpliciter standard and set aside the IAD (Immigration and Appeal Division) decision. In the end, the Federal Court of Appeal concluded that the majority of the IAD had acted unreasonably in denying relief.
At the Supreme Court Justice Binnie ruled, in part:
“In light of the deference properly owed to the IAD under s. 67(1)(c) of the Immigration and Refugee Protection Act (IRPA) there was no proper basis for the Federal Court of Appeal to interfere with the Immigration and Appeal Division (IAD) decision to refuse special relief in this case. It cannot be said that this decision fell outside the range of reasonable outcomes.”
Today’s ruling of Canada’s Supreme Court against Mr. Khosa, overturns the Federal Court of Appeal decision, which now means that the original decision of the IAD will stand and that that decision, will now have to be implemented (deportation of Mr. Khosa) and carried out.
The Immigration Laws of Canada allows for a non-citizen to be deported for a criminal offence carrying a sentence up to 10 years. Criminal Negligence Causing Death carries a maximum sentence of life in prison (See PART VIII of the Criminal Code: Criminal Negligence – Causing death by criminal negligence – section 220 “Causing death by criminal negligence”: Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable: subsection (b)”….to imprisonment for life”).
It isn’t over yet, as there are still opportunities available to Mr. Khosa in the near future.
Another death attributed to a street racer, who doesn’t want to drive anymore.
Update: November 39, 2009: Two teens charged with Street Racing