An Indian citizen, who was involved in a tragic accident that claimed the lives of 16 members of a junior ice hockey team, is appealing against his deportation from Canada on compassionate grounds.
Jaskirat Singh Sidhu, aged 37, ran a stop sign while driving between 53 and 60 mph, colliding with a bus carrying the Humboldt Broncos team in the rural areas of Saskatchewan on April 6, 2018.
Sidhu admitted to dangerous driving that resulted in deaths and was sentenced to eight years in prison in March 2019. However, he was granted parole after serving four years and four months.
After his release, Sidhu rejoined his Canadian wife in suburban life, and the couple welcomed a child shortly thereafter. Unfortunately, their child suffers from significant heart and lung conditions.
Despite these personal circumstances, the Immigration and Refugee Board revoked Sidhu’s permanent resident status and decided on his deportation just a year following his release from prison.
Recently, a pre-removal risk assessment concluded that Sidhu would not face danger if returned to India. Subsequently, the Canadian Border Services Agency has sought his travel documents to initiate the deportation process, according to a report by CBC.
In a desperate attempt to prevent that from happening, Sidhu’s attorney, Michael Greene, said he has filed an application for his client to remain in Canada on humanitarian and compassionate grounds.
The lawyer argued that Sidhu has two young children who would be affected by his absence, and that he is living with mental health issues that could worsen if he were to be deported.
Jaskirat Singh Sidhu is seen arriving for his court hearing in March 2019, when he was jailed
Sidhu struck a bus carrying a total of 29 people, including the driver and the Humboldt Broncos (above) when it crashed in Saskatchewan, Canada. Ten teammates and six staffers died
Greene added that he will ask the CBSA to temporarily defer Sidhu’s removal from the country until the humanitarian application is decided, which could be another two years.
The lawyer described the case as a ‘litmus test for Canadians.’
‘To what extent are we a generous and forgiving country? And to what extent are we punitive?’ he asked, rhetorically.
‘I think if you look at [Sidhu] as a whole, he’s a really good man who made a terrible mistake that had, because of just split-second timing, incredibly terrible consequences.’
Sidhu was not impaired by drugs or alcohol, speeding or on his phone during the fatal crash, instead telling the court at his sentencing that he was distracted by a tarp covering his cargo that came loose and was flapping in the wind.
He failed to brake as he approached the intersection of two highways, and did not heed multiple warnings, including one with a flashing light.
It later emerged that Sidhu had committed 70 violations of federal and provincial trucking regulations in the 11 days leading up to the crash.
Most of those were discrepancies in his log book, which is designed to monitor how much time drivers spend on the road to prevent them becoming dangerously fatigued.
In the immediate aftermath of the crash, Sidhu told the victims’ families at his sentencing how he came out of his truck and heard the teenagers crying.
‘I take full responsibility of what has happened. It happened because of my lack of experience,’ he said, before being handed the longest sentence in Canadian history for dangerous driving causing death that did not involve alcohol, drugs or purposeful behavior.
This picture, taken the day after the crash, shows the destroyed Humboldt Broncos hockey team’s bus and the truck that crashed into, as well as its scattered cargo
Sidhu told the CBC he still has nightmares about the crash and is getting therapy for Post-Traumatic Stress Disorder and major depressive disorder.
‘I wish I can do something that can take their pain away,’ he said of the victims’ families. ‘I wish that day never happened. I made a mistake… I’m paying for that every day.’
His wife, Tanvir Mann, said she now worries that her husband would not get the counseling he needs if he were deported to India, where she said mental illness is stigmatized and he does not have many close relatives for support.
The couple were also advised that if they were to all move to India, the poor air quality would put their now nearly three-year-old son at risk.
‘I want my husband with me,’ Mann said. ‘I want the father of my kids with us, so he can contribute. He can see his kids growing, all those tiny moments.
‘We’re living in fear right now,’ she added.
Some of the victims’ families have also expressed their support for Sidhu to stay in the country, with Christine Haugan, the widow of head coach Darcy Haugan, arguing that his deportation would not bring the victims back and will only hurt Sidhu’s family.
‘I forgive him,’ she said. ‘When he closes his eyes, I’m sure he sees horrific things and I just would hope that there’s some way that he can forgive himself and know that he’s allowed to be happy, too.’
Several relatives of the victims have said they support Sidhu’s efforts to stay in the country – but others argued against it. Family members are seen here being comforted at a vigil
But Russ Herold, whose son, Adam, was the youngest player killed in the crash, disagreed, calling his death ‘a big loss in our family.’
‘It’s probably the end of our family name, for one thing,’ he told the CBC. ‘We were hoping at some point he’d take over the farm after… his hockey career would come to an end.’
Herold argued that Sidhu should have been deported years ago.
‘To talk about [Sidhu] trying to stay here on humanitarian grounds – what about the humanitarian side of the parents who lost their children?
‘It’s not like he stole our car and we can go buy another one. We can never replace our children.’
Herold also pointed out that if Sidhu had already been deported, he would not have had his two children in Canada.
‘So in my heart, I’m not giving him a second chance,’ he said. ‘He’s been here eight years too long already and he’s not a Canadian resident and he is taxing our healthcare, taxing our legal system. I think it’s time to move on.’
Still, Sidhu said he will keep fighting to stay with his family, telling the CBC: ‘All the legal avenues, whatever I have, I will pursue that.’
He also said on RED FM, speaking in Punjabi, that he hopes the CBSA approves his request to avoid deportation on humanitarian grounds.
Sidhu then warned that if the CBSA or Public Safety Minister Gary Anandasangaree does not approve his application or intervene on his behalf, he will challenge the decision in courts.
