Quebec resident who had murder charge stayed ordered deported for earlier conviction
Sivaloganathan Thanabalasingham can appeal deportation order, a process that could take up to four years
The first Quebec murder suspect to have charges stayed because of the Supreme Court of Canada's Jordan ruling is now appealing an order that he be deported from Canada.
On Monday, an Immigration and Refugee Board of Canada hearing ordered 31-year-old Sivaloganathan Thanabalasingham deported to Sri Lanka because the permanent Canadian resident had been convicted of a serious criminal offence.
Thanabalasingham pleaded guilty to assault charges related to three incidents in 2011 and 2012 and was ordered to serve four months in jail.
The victim of the assaults was his wife, Anuja Baskaran.
The assaults predated Baskaran's killing at the apartment she shared with her husband in August 2012, for which Thanabalasingham was charged with second-degree murder but pleaded not guilty.
Murder charge stayed
His trial on the murder charge was supposed to start Monday, but the charge was stayed last week because it took too long to bring the case to trial.
- 'There's something wrong with the justice system,' says officer who responded to dropped murder case
Thanabalasingham spent nearly five years behind bars waiting to be tried for his wife's murder and last Thursday that delay was ruled unreasonable under the limits set out in last year's R. v. Jordan ruling by the Supreme Court of Canada.
Less serious offences in lower court must now be wrapped up within 18 months, while more serious charges tried in Superior Court, including murder, have a 30-month deadline.
Deportation order appeal
Released from custody last Thursday, Thanabalasingham was detained the following day by IRB officials and on Monday he faced a hearing, which ordered him deported.
Thanabalasingham can appeal the decision and he will remain in detention until a follow-up hearing this Thursday.
IRB commissioner Dianne Tordorf said the decision to detain Thanabalasingham was based on his lack of collaboration and a perceived lack of remorse for the crimes to which he pleaded guilty.
The appeal process could take up to four years, Tordorf told the hearing.
Thanabalasingham said the violence happened "one time" and he only had an issue with his late wife.
"It's not every people, different people," he said.
His younger brother, Thanarupan Thanabalasingham, said he was willing to put money up and have him stay with him and his wife — if he was released on conditions.
Thanabalasingham claimed refugee status in Canada in 2004 and his claim was approved the following year.
He became a permanent resident of Canada in 2007.
- An earlier version of this story stated that the decision to deport Thanabalasingham was based on his lack of collaboration and a perceived lack of remorse for the crimes to which he pleaded guilty. In fact, the commissioner considered those factors in the decision to detain him until his next hearing.Apr 11, 2017 4:12 PM ET
With files from Sudha Krishnan and Radio-Canada