Failed appeal to stay in Canada 'not the end' for trucker who caused Broncos bus crash, says lawyer
Trucker can request to stay in Canada on humanitarian, compassionate grounds
The lawyer for Jaskarit Singh Sidhu says that while he is expecting a deportation order for his client, there are other possible avenues for Sidhu to stay in Canada.
Sidhu was sentenced to eight years in prison after pleading guilty to dangerous driving charges for causing a 2018 crash in Saskatchewan that killed 16 people and injured 13 others. The rookie Calgary trucker, a newly married permanent resident, barrelled through a stop sign at a rural intersection near Tisdale, Sask., into the path of the bus carrying the Humboldt Broncos junior hockey team, staff and local media to a playoff game.
On Thursday, a federal judge dismissed an application from Sidhu's lawyer, Michael Greene, that argued a CBSA recommendation that Singh be deported back to India was unfair and unreasonable.
"So of course he and his wife are very disappointed," said Greene, a partner at Calgary-based immigration law firm Sherritt Greene. "They had hoped for a different outcome and it was not to be. It is what it is. So they are going to move on and this is not the end."
Greene said an upcoming immigration hearing to decide if Sidhu stays will be a formality. The hearing will confirm he has a conviction and is not a citizen, then will likely issue a deportation order — to the relief of some family members of those who have died and against the will of others.
Greene expects the order will come down sometime in the new year and that Sidhu will lose his permanent resident status, meaning he will no longer be able to work in Canada.
But there are still some steps he can take to try to remain in Canada.
As part of the deportation process, Sidhu is entitled to a pre-removal risk assessment to ensure he is not being deported to a country where he will be in danger.
After the order is issued, he can also apply to restore his permanent resident status on humanitarian and compassionate grounds, which considers things such as ties to Canada and the best interests of any children. Sidhu has a nine-month-old son with "very high medical needs," Greene said.
"I think this is a real test case for Canadians to think about concepts like forgiveness and what penalties should people have to pay," Greene said. "And hopefully there's compassion. I like to think Canadians are compassionate, forgiving, and we're hoping that's going to weigh in our favour."
Greene also said that in criminal cases, factors such as the potential for rehabilitation, remorse and if there's a history of crime will also be considered.
The federal immigration minister can also intervene to allow Sidhu to stay in Canada, though that is rare.
Families relieved by decision
Kevin Mellor — a lawyer representing several families in a civil case against Sidhu and the Saskatchewan government, among others — said families were relieved to hear about the judge's decision.
"They think justice has been served to a certain point," he said.
"You can't be a permanent resident and a guest to the country and not follow the laws. You can't not stop at a stop sign, the simplest of all laws, and cause 16 people to die."
He said the families he represents support Sidhu's deportation.
Some families shared their sentiments — both in support of his deportation and against — with CBC on Thursday.
"We have no ill feelings toward the man — we just don't want to see him ever again," Toby Boulet, father of 21-year-old Logan Boulet, told CBC from his home in Lethbridge, Alta.
"We want him gone — and gone means, in this case, deported."
Another father, Scott Thomas, has forgiven Sidhu and long advocated for him to remain in Canada. His 18-year-old son Evan Thomas died in the crash.
"Whether he's here or over in India, I think he's going to suffer with his actions and the consequences of those for the rest of his life," he said.
Former Conservative Party of Canada leader Erin O'Toole said in a post to X, formerly known as Twitter, he believes Sidhu deserves to be granted permanent residency on compassionate grounds.
"The scar of the Humboldt Broncos tragedy will not heal from the deportation of Mr. Sidhu," he wrote.
I have long believed that he deserves to be granted PR on compassionate grounds and I say that respectful of the families who will forever grieve. 2/2
—@erinotooleABOUT THE AUTHOR
With files from Karen Pauls and Bill Graveland of The Canadian Press