A driver who has racked up 32 driving prohibitions or suspensions, in addition to 16 24-hour driving bans, didn’t persuade a British Columbia choose he ought to get a lighter sentence than regular for drunk driving as a result of greater than six months in jail might get him deported to India.
Vernon’s Gurinder Pal Singh Bajwa, a everlasting resident of Canada who escaped deportation in 2019 on an impaired driving conviction with a sentence of 5 months and 29 days, bought a lowered sentence this time round as a result of Mounties
captured him on surveillance cameras using the toilet
in a holding cell after he was arrested for impaired driving once more on Might 11, 2022, after rear-ending a white Hyundai Tucson along with his Mercedes sport utility automobile within the car parking zone of a Wholesale Membership. His blood alcohol degree was greater than twice the authorized restrict.
However the choose refused to lighten Bajwa’s sentence on convictions for impaired and prohibited driving to a degree that wouldn’t have immigration penalties for the 57-year-old. Any sentence over six months may end up in deportation from Canada.
“To accede to Mr. Bajwa’s request for a (conditional sentence) or a discount of the jail time on both rely for the influence of the collateral immigration penalties to Mr. Bajwa and as a treatment (for breaching his Constitution proper to be free from unreasonable search and seizure), would deliver the administration of justice into disrepute and end in an inappropriate and synthetic sentence; in different phrases, an unfit sentence,” Choose David Patterson of B.C.’s provincial courtroom wrote in a current choice.
Bajwa immigrated to Canada from India’s Punjab area over 34 years in the past.
“He acquired his first British Columbia driving prohibition on March 19, 1993,” stated the choose. “He has additionally collected a considerable variety of extra Prison Code convictions and Motor Car Act infractions.”
The Crown really helpful Bajwa get between 9 and 12 months in jail, a $2,500 superb and a five-year driving prohibition for the impaired driving cost, plus one other 4 months behind bars for getting behind the wheel whereas he “was topic to 5 separate driving prohibitions” or suspensions.
“I’m flabbergasted that Crown counsel has solely sought a four-month consecutive jail sentence (for driving whereas prohibited),” Patterson stated in his choice dated June 2. “Given the circumstances of the offence, it’s laborious to think about a extra appropriate case for the two-year less-a-day most sentence allowed.”
Bajwa’s lawyer argued for a conditional sentence or no extra jail time than he bought in 2019 — 5 months and 29 days behind bars. He famous that will permit Bajwa to stay in Canada.
The courtroom heard Bajwa “has nobody in India” and that he’s within the strategy of getting a divorce “as his alcohol utilization ruined his relationship along with his estranged spouse and his youngsters,” stated the choose, who famous they dwell in Canada.
Eight days after he was caught drunk driving in Might of 2022, Bajwa “was very intoxicated at his daughter’s marriage ceremony and smacked a plate of meals out of her hand,” stated the choice.
“He was subsequently convicted of assault … and handed a 60-day jail sentence adopted by an 18-month probation order, which included having no contact along with his estranged spouse or youngsters.”
That was “the final straw for the household, basically,” stated the choice.
Bajwa “claims that his issues with alcohol began when he was a roofer,” it stated. “He had a bunch of work-mates and they might typically go ingesting alcohol collectively. His alcohol consumption spiralled uncontrolled.”
After he was caught driving drunk in 2022, Bajwa “started the method of getting his life collectively,” stated the choice. “He gave up ingesting alcohol and took a couple of counselling periods. He now lives with an in depth good friend … and he’s an lively participant within the Vernon Sikh group.”
Bajwa’s “ethical blameworthiness is on the highest finish of the spectrum,” stated the choose.
Patterson stated he had “thought of the potential influence of a jail sentence of six months or extra on him, together with the likelihood that he could also be faraway from Canada, his dwelling for greater than 34 years.”
Bajwa bought a letter from the Canada Border Providers Company in February of 2024 “alleging he could also be inadmissible to Canada” for critical criminality.
“Removing from Canada would result in dire penalties for Mr. Bajwa,” stated the choose.
“He could be pressured to depart the nation he has known as dwelling for greater than 34 years. He would face the prospect of returning to India, which has modified since he final resided there. A rustic that now could also be as overseas to him as Canada was when Mr. Bajwa immigrated to Canada.”
After contemplating the Constitution breach, Patterson sentenced Bajwa to 198 days (simply over six months) in jail for the impaired driving conviction, fined him $2,000 and banned him from driving for 3 years.
For driving whereas prohibited, the choose handed Bajwa one other 120 days behind bars (about 4 months) to be served consecutively, for a complete of about 10 months in jail.
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