After 30 years in Canada, prolific Vernon drunk driver faces deportation
After more than 30 years in Canada, a Vernon man who has been jailed multiple times for drunk driving will be kicked out of the country after he finishes his latest stint in prison.
At the Vernon courthouse June 2, BC Provincial Court Judge David Patterson said that while Gurinder Pal Singh Bajwa's removal from Canada would lead to "dire consequences" for him, handing out a sentence of less than six months in jail, which would mean he wouldn't be deported, would be unfit.
Bajwa, who is originally from India, has lived in Canada for 34 years but remained a permanent resident and never became a citizen. Non-Canadian citizens who receive more than six months jail sentences get deported after their time behind bars.
The 57-year-old had argued the collateral immigration consequences of a sentence of more than six months in jail would be too harsh.
However, Judge Patterson said Bajwa had an "abysmal" driving record and no business being behind the wheel of a vehicle.
Bajwa was first banned from driving in 1993 and has racked up 33 driving infractions since then. He has been jailed for drunk driving on numerous occasions.
In 2019, he was jailed for five months and 29 days for drunk driving. The sentence was one day short of six months so he wouldn't get deported.
Bajwa's current court appearance dates back to May 2022 when he was drunk and, despite having been banned from driving, he rear-ended someone in his Mercedes SUV in Vernon.
When RCMP arrived, Bajwa lied and said he wasn't driving, and his wife was. Police found a bottle of Alberta Premium in his vehicle along with some mouthwash under a jacket.
He blew a "fail" during a breathalyzer test and was found to be three times the legal limit.
Vernon RCMP took him to the station where, while in a police cell, he was filmed using the toilet.
His lawyer filed a legal challenge arguing the filming had breached his Charter Rights.
Judge Patterson later agreed, finding the police had violated his Charter rights – a first under the same circumstances in the province.
"There may be circumstances where it is not reasonable to provide a detainee with a privacy screen or a gown, utilize pixelization technology, or black out the picture due to specific concerns for safety or the preservation of evidence. However, no such circumstances apply in this case," Judge Patterson said.
Bajwa's lawyer argued the Charter breach should result in a lesser sentence being handed out and put forward five months and 29 days in jail, therefore avoiding deportation.
An interpreter translated for Bajwa in the courtroom as Judge Patterson spent more than two hours reading his lengthy decision.
The court heard how Bajwa had "no one in India" and all his family were in Canada.
His alcohol abuse ruined his marriage.
Just a week after he was charged with the current drunk driving offences, he smacked a plate of food out of his daughter's hand at her wedding, while very drunk. He was later convicted of assault and jailed for two months.
This was the "last straw" for the family and he now has no contact with any of them.
Bajwa had once owned a farm and ran an orchard, and had multiple jobs over the years.
He has now been sober for nine months and is an active member of the Sikh community. He submitted numerous letters of support to the court, one of which said they'd witnessed a "remarkable transformation" in him.
"I can say with confidence that the changes he has made recently are the most significant I have ever seen in him," his sister said in a letter.
"I want to emphasize that I have personally witnessed a sincere and lasting change in him. Gurinder made a commitment to stop drinking over a year ago and he has stayed true to his word," another letter said.
Lab tests backed up his claim that he has remained sober for nine months and the court heard he was undergoing counselling.
The defence argued the Charter breach and the possible deportation should reduce a jail sentence to less than six months.
The judge accepted that being sent back to India would profoundly affect his family.
"He would be forced to leave the country he has called home for more than 34 years," the Judge said. "He would face the prospect of returning to India, which has changed since he last resided there. A country that now may be as foreign to him as Canada was when Mr. Bajwa emigrated to Canada."
However, these reasons weren't enough.
"To accede to Mr. Bajwa's request for a... reduction of the jail time... for the impact the collateral immigration consequences to Mr. Bajwa and as a remedy for the... Charter breach would bring the administration of justice into disrepute," the judge said.
Ultimately, Judge Patterson sentenced Bajwa to one year in jail, which, with time already served, means he will spend five months behind bars. Once released the file will be handed to the Canada Border Services Agency.
Bajwa will also have to pay a $2,000 fine.
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