this post was submitted on 14 Dec 2023
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[–] Showroom7561@lemmy.ca -2 points 11 months ago (1 children)

Unfortunate, but that’s no excuse to abuse the law instead.

Out of curiosity, are you against deporting THIS guy, or any criminal? I ask because Canada deports criminals on a regular basis, so I'm not sure what "abuse" of the law you're referring to.

Our criminal justice system has deportation at our disposal; the family of the victims asked for deportation so they could move on with their lives (their words, not mine); the defendant had the legal ability to bid for a stay, which he did several times, and denied the stay. If deported, he could also re-apply to come back.

It sounds like our justice system worked exactly as it was supposed to in this context, failing the fact that he only received five years for killing so many people.

Would the family have asked that he be deported if he was given a more appropriate sentence of 30+ years (2 years for careless driving causing bodily harm x the number of victims)? Probably not.

I'm not saying that deportation is the right answer here, as it's clear that this was a crime of negligence and not a premeditated one. But I will always be on the side of victims and their families, and this is what they want.

[–] GreyEyedGhost@lemmy.ca 4 points 11 months ago (1 children)

First and foremost, mob justice is rarely justice. Second, as the other poster noted, this has been a problematic intersection for over a decade. This guy was just the unlucky one to have a bunch of people die because of his bad judgement. Third, when is the last time someone was deported over a negligence conviction of any kind?

I get that the families of these victims never want to see him again, but it's a big country. Their desires can be met without deporting the guy.

I'm not against deporting criminals, but I believe they should present a danger to society. I'm pretty sure this guy is never going to do something like this again, if for no other reason than him not being allowed to drive professionally (and if he is still allowed to drive professionally, that's another, different failure of the system).

[–] Showroom7561@lemmy.ca 1 points 11 months ago

First and foremost, mob justice is rarely justice.

What mob justice are you referring to? This case went through the Canadian legal system.

Second, as the other poster noted, this has been a problematic intersection for over a decade. This guy was just the unlucky one to have a bunch of people die because of his bad judgement.

Bad judgment? He went through a stop with a semi, which is why he pleaded guilty to dangerous driving, which is not the same as bad judgment.

Unfortunately for all those involved, his actions directly led to the deaths of multiple people, ruining dozens of lives. These families will never get closure, so what they need is an important aspect of Justice. Again, you or I don't have to agree with it, but we do have to support them.

Third, when is the last time someone was deported over a negligence conviction of any kind?

You can be deported if you are sent to prison for at least six months.

So theft over $5000 could get someone deported.

Killing and hurting dozens seems to more than adequately satisfy this requirement.

I'm not willing to dive into the records to go over each case and circumstance, since I'm not here to "win" any internet debates, but hopefully that answered your question.

I get that the families of these victims never want to see him again, but it’s a big country. Their desires can be met without deporting the guy.

Again, I won't speak for the families.

If, after five years, they are still so broken that they feel deportation is still necessary, then who are we to challenge that? Maybe the thought of knowing that he's still here, benefiting from the fruits of this wonderful country, while their family will forever be shattered, is too much to overcome.

I’m not against deporting criminals, but I believe they should present a danger to society. I’m pretty sure this guy is never going to do something like this again, if for no other reason than him not being allowed to drive professionally (and if he is still allowed to drive professionally, that’s another, different failure of the system).

I do agree. Deportation could be worse than lifelong jail (in Canada) for some.

I guess this is why the importance of victim impact statements is a cornerstone of our justice system. The law tries to balance between proportional consequences and the feeling of justice for victims.