Caveat Emptor

So much for cleaning up the streets. So much for government determining that Canada has enough malefactors in our midst, causing grief to others with their violent, anti-social behaviour, and attempting to deport them whence they came. It's a sensitive issue; having accepted someone as a refugee the mindset is that such people are deserving of a safe haven. So, what to do when their mode of conduct within Canada is far less than is desired?

Take the case of Marvin Adolfo Galvez Padilla, a refugee from Honduras. In Canada this man, who has lived here for 24 years, and is now 46 years of age, has amassed quite the criminal record. Canada will not allow the immigration of an applicant from abroad who has a criminal record. As a refugee perhaps it would have been far more difficult to determine whether or not the man, an adult at the time, had a criminal record in Honduras.

Did he become part of the criminal element because of his exposure to crime in Canada? Presumably the man never did bother to take out Canadian citizenship. Had he done so, it is unlikely that government would have been able to deport him. The supposition is that he has lived in Canada as a landed immigrant. As such, he would have had at his disposal all the social amenities granted all those who live in Canada.

But Mr. Galvez Padilla has two convictions for assault, one where he bit a security guard who apprehended him while in the process of theft. A second conviction for using an umbrella to attack a store keeper attempting to halt him from stealing. Two convictions for cocaine trafficking; one for uttering threats, another 15 for theft, and seven for failure to attend court. The final three represent convictions for communication for the purposes of engaging in prostitution.

He was deemed by a federal official to represent a danger to the public. He worked as a prostitute, failing to inform his clients he was HIV positive.  An official speaking on behalf of the Minister of Citizenship and Immigration Canada, spoke of Mr. Galvez Padilla's multiple thefts as demonstrating a pattern of recidivism compounded by drug addiction which "can add an element of danger to any circumstances" through "volatility and sudden adverse behaviour."

Additionally, Citizenship and Immigration was concerned over his failure to disclose his HIV-positive status to sex clients, thus exposing people to "a lethal degree of risk".  The "delegate" spoke before a Federal Court of Canada judge to whom Mr. Galvez Padilla appealed to overturn the government's move to deport him from Canada back to his native country. Justice Yves de Montigny felt the potential risk of HIV transmission was overwrought.

"What seems to have weighed most heavily on the delegate's mind is the sexual behaviour of Mr. Galvez and disclosing his HIV status to his clients. There are two problems with this statement. First of all, [Mr. Galvez] has never been convicted for aggravated sexual assault as a result of his failure to disclose his positive HIV status ... I find it troubling that the delegate relied on behaviour for which the applicant was never convicted, let alone found inadmissible, to ground her danger opinion.

"Moreover, it is not at all clear that the applicant's behaviour would attract criminal liability. The HIV status must be disclosed only if there is a realistic possibility of transmission of HIV. Yet, the delegate assumes that the use of a condom does not guarantee protection against coming into contact with HIV, contrary to scientific and medical evidence", ruled Judge de Montigny. 

"CIC's decision "could have the perverse effect of facilitating the removal of petty criminals, drug addicts involved only peripherally in the drug trade, and individuals who are HIV positive. Such a result would clearly not be in keeping with Canada's international obligations and must be censored."
And so, the judge in his wisdom dismissed government's claim that Mr. Adolfo poses a danger to society.

Canada and its citizens are to remain helplessly blessed with the presence of this man. "It is incredible that not even thirteen convictions were enough for a 'danger' opinion in this case, where much less has been considered sufficient in other cases", commented Immigration lawyer and analyst Sergio Karas, clearly in full disagreement with the verdict.

On the other hand, the ruling found praise from the executive director of the Canadian HIV/AIDS Legal Network: "I think there was a certain amount of HIV-phobia at play in the original decision and it is good to see that was corrected on review."  Oh, right ... what about all those criminal convictions, pray tell?

Indeed, what a wonderful relief to see the kind of justice amenable to a single-minded lobby group find approval, rather than rid ourselves of the nuisance and potential danger posed by a petty criminal practising his illicit, immoral trade ... perhaps on an upward trajectory toward more serious criminal behaviours... Drug addiction, theft, violence do not quite describe law-abiding activities. 

O Canada!