Canadian immigration loophole prevents deportation of Indian spy
August 28 2009 by Matt Jones
Spy made move to Canada from Kashmir
An Indian spy who entered Canada with a false identity admitted to spying on Pakistan, but due to a loophole in Canadian immigration law, he cannot be deported
The man admitted to taking part in a espionage operation in Pakistan 2006 and 2007, but Canadian immigration law states a spy can only be deported for spying on a democracy, and Pakistan was not a democracy at the time.
The man took up his spy role when he was offered money by a “mystery man” for a list of weapons that were available in Pakistan. The man paid someone he knew 40,000 rupees (or $500 Canadian) for the information and passed it on to the mystery man. He says it was not possible for him to retrieve a copy.
In his hearing his lawyer was made to ague over whether Pakistan was a democracy at the time of the operation. It was found not to be.
IRB Member Michael McPhalen said: "After considering all of the evidence on that point, I conclude that Pakistan was not a democracy as the term is understood in Canada from 1999 when President Musharraf seized power in a coup until February 18, 2008 when free elections were finally held and he lost power."
The next issue was whether or not the man posed a security threat to Canada. He admitted to having “dreamed of being a terrorist” in his youth, but had since renounced violence after he saw religion being used to gain recruits.
He was given weapons training while at school and had been arrested and tortured in India only to be released when his father paid a bribe. But he was never a member of a militant group.
It looks like his move to Canada was a good one, as he will be allowed to stay here on a Canada visa.
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