Failed appeal to stay in Canada 'not the end' for trucker who caused Broncos bus crash, says lawyer

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.

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.