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Damion Mitchell, News Editor - Radio
A 49-year-old mentally ill Jamaican man was yesterday deported from Canada despite a request from the United Nations Commission on Human Rights (UNCHR) to stay the deportation until it reviews the case.
Canada is not bound by the orders of the UNCHR, but is a signatory to its human rights convention.
The man, who The Gleaner has chosen not to name to protect his identity, left Jamaica at age 18 for Canada and has been living there for 31 years. He, however, got in trouble with the law several years ago, and in 2005, was convicted on two counts of assault and ordered deported.
Since then, the man has pursued a series of legal avenues to quash the deportation order with his options being exhausted on the weekend when a Canadian Federal Court denied a motion to stay the deportation.
But with medical records indicating that the man is mentally ill and with no family in Jamaica, the Refugee Law Office in Canada says his deportation would breach his human rights.
Breach of human rights
"We allege that a return to Jamaica would breach Section 6, Section 17 and Section 23 of the articles of the International Covenant on Civil and Political Rights, which in a nutshell are the right to life; the right to be free from inhuman, cruel treatment; as well as the right to family, and the right to not have one's family interfered with," said Carol Dahan, director of the Refugee Law Office in Ontario.
Dahan said the law office brought the matter to the attention of the UNCHR which yesterday advised that a request had been made for the Canadian authorities to stay the deportation until it hears the case.
But Dahan said the Canadian authorities were advised of the UNCHR's request even before the subject's deportation was set in train yesterday morning.
"I'm hoping at this point that it just has been a miscommunication and that they (the Canadian authorities) have not actively chosen to defy or disrespect the order and that they will return the person concerned to Canada," she said.
Up to press time, The Gleaner was unable to reach the Canadian High Commission in Kingston, but deputy Foreign Affairs Minister Marlene Malahoo Forte said the ministry had started discussions with Canada.
In the meantime, Dahan said this was not the first time Canada was trying to deport a mentally ill Jamaican.
"We have actually been successful in obtaining either convention refugee status or 'protected person' status for a number of Jamaicans who suffer from mental illness," Dahan disclosed. "It's not uncommon for Canada to attempt to remove mentally ill persons with criminal records."
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A 49-year-old mentally ill Jamaican man was yesterday deported from Canada despite a request from the United Nations Commission on Human Rights (UNCHR) to stay the deportation until it reviews the case.
Canada is not bound by the orders of the UNCHR, but is a signatory to its human rights convention.
The man, who The Gleaner has chosen not to name to protect his identity, left Jamaica at age 18 for Canada and has been living there for 31 years. He, however, got in trouble with the law several years ago, and in 2005, was convicted on two counts of assault and ordered deported.
Since then, the man has pursued a series of legal avenues to quash the deportation order with his options being exhausted on the weekend when a Canadian Federal Court denied a motion to stay the deportation.
But with medical records indicating that the man is mentally ill and with no family in Jamaica, the Refugee Law Office in Canada says his deportation would breach his human rights.
Breach of human rights
"We allege that a return to Jamaica would breach Section 6, Section 17 and Section 23 of the articles of the International Covenant on Civil and Political Rights, which in a nutshell are the right to life; the right to be free from inhuman, cruel treatment; as well as the right to family, and the right to not have one's family interfered with," said Carol Dahan, director of the Refugee Law Office in Ontario.
Dahan said the law office brought the matter to the attention of the UNCHR which yesterday advised that a request had been made for the Canadian authorities to stay the deportation until it hears the case.
But Dahan said the Canadian authorities were advised of the UNCHR's request even before the subject's deportation was set in train yesterday morning.
"I'm hoping at this point that it just has been a miscommunication and that they (the Canadian authorities) have not actively chosen to defy or disrespect the order and that they will return the person concerned to Canada," she said.
Up to press time, The Gleaner was unable to reach the Canadian High Commission in Kingston, but deputy Foreign Affairs Minister Marlene Malahoo Forte said the ministry had started discussions with Canada.
In the meantime, Dahan said this was not the first time Canada was trying to deport a mentally ill Jamaican.
"We have actually been successful in obtaining either convention refugee status or 'protected person' status for a number of Jamaicans who suffer from mental illness," Dahan disclosed. "It's not uncommon for Canada to attempt to remove mentally ill persons with criminal records."
link up
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