B.C. climate activist Zain Haq to be deported with no reprieve in sight

A Pakistani-born B.C. climate activist is preparing to leave his adopted home after an unsuccessful attempt to stop a deportation order, with his lawyer saying the move is harsh and unjustified.

Zain Haq, 24, was ordered deported last year by the Canada Border Services Agency (CBSA) over alleged violations of his study permit, related to his academic progress. The order also followed Haq's arrest at Save Old Growth and Extinction Rebellion protests in 2021 and 2022.

Haq pleaded guilty to five counts of mischief in the protests, but was not considered a violent offender by courts. 

The deportation order was initially cancelled as Haq's wife Sophia Papp applied to sponsor him as a permanent resident, with the goal of him being granted humanitarian and compassionate considerations.

But authorities denied the spousal sponsorship application and, according to Haq, misplaced a separate application he made for temporary residency in October.

The activist's lawyer said officials have not let due process take its course in Haq's deportation case.

When CBC News spoke to Haq on Saturday morning, he was packing his bags and getting ready to leave for Pakistan. His wife's spousal sponsorship application was denied on Thursday.

"The removal was reinitiated when no one was looking," Haq said of the deportation order. "And I think that is a clear case of targeting."

He has received waves of support from climate activists over the legal saga, including from Green Party Leader Elizabeth May.

"I think this deportation will be seen as an aggravating factor in the general lack of response to tackling the climate crisis as major cities in North America are burning," Haq said.

A spokesperson for Immigration, Refugees and Citizenship Canada (IRCC) refused to comment on the case, citing privacy legislation.

Lawyer alleges mistakes in application

Haq came to Canada to study at B.C.'s Simon Fraser University (SFU) in 2019, and had been working toward a major in history.

But when his attention turned to climate activism and non-violent civil disobedience — including co-founding the Save Old Growth environmental group — CBSA began investigating his academic progress. In 2022, the agency determined Haq had violated his study permit by failing to make sufficient progress.

While he had been on academic probation at one point, Haq said SFU supported him continuing his studies.

And while his pleading guilty to non-violent charges may have rendered him inadmissible to Canada, Papp's spousal sponsorship application, if successful, would have overcome that issue.

But now the couple — who met through climate activism — will likely have to reapply for Canadian permanent residency from Pakistan, a process which could take multiple years to succeed.

"I'm overwhelmed and daunted, but I know that Zain's family in Pakistan is going to welcome me," Papp said, saying she would stick with her husband through the process. 

WATCH | Haq loses deportation battle: 

B.C. climate activist Zain Haq loses deportation battle

21 hours ago

Duration 2:04

Zain Haq, a 24-year-old Pakistani-born activist who was arrested multiple times in B.C. for his role in climate protests, was ordered deported despite attempts by his wife and lawyers. The CBC's Pinki Wong caught up with the activist as he prepared to leave Canada, a deportation his supporters say is unjust and without much precedent.

Randall Cohn, Haq's lawyer, said there is a precedent in Canada for spousal sponsorship on humanitarian grounds, to allow the family to stay together.

"Unless there is a last minute intervention from the minister of immigration or the minister of public safety, then Zain's going to have to leave Canada," Cohn told CBC News. "It's very unclear when, or whether, he'll be able to come back."

Cohn said IRCC apparently lost Haq's October application for temporary residency, which meant he was unable to stay in Canada after the permanent residency application was denied.

"It seems like there have been some mistakes, if not some impropriety, in terms of how it has been processed from the beginning," the lawyer said.

"When there is an appearance of such things, then I think the the judicious and prudent and responsible action by the government would be to slow down and say, 'Let's make sure that we're doing this correctly.'"

Cohn said the responsibility of the government would be to weigh the potential risk in Haq staying against the potential harm of him being deported.

"The harm in removing him is tearing this family apart," he said. 

"It's losing the opportunity of having a really promising, galvanizing figure in the climate movement be able to stay here and do his work in Canada."