A recent Federal Court ruling spells potential good news for two men who face deportation from Canada as “terrorists” because they once supported a rebel organization that is now the democratically elected government of their former land.
“I think it’s very helpful,” said Lorne Waldman, a Toronto immigration lawyer representing Oscar Vigil, the former executive director of the Canadian Hispanic Congress. Vigil has been declared “inadmissible” to Canada over his ties to the leftist Farabundo Marti National Liberation Front that now governs El Salvador.
Waldman was referring to a ruling handed down this month by Federal Court Justice Richard G. Mosley, ordering the Ministry of Citizenship and Immigration to take a second look at a case involving another Salvadoran man who has also been deemed inadmissible to Canada, for reasons very similar to those affecting Vigil.
Mosley aimed some harsh language at Karine Roy-Tremblay, a senior bureaucrat in the Immigration Ministry, who in March 2013 denied an application by Jose Luis Figueroa of Vancouver to be allowed to remain in Canada on compassionate grounds.
In his ruling, Mosley used words such as “unreasonable,” “facile,” and “simply not good enough” to describe Roy-Tremblay’s decision. He also rejected her description of the FMLN as a terrorist organization and dismissed her conclusion that Figueroa poses a security risk to Canadians.
Jose Fuigueroa an his family. Photo: We Are Jose / Facebook
Good news for our friend Jose Figueroa, who is also fighting what would be an unfair deportation: The Federal Court has decided that his application for judicial review is granted and remitted for reconsideration by a different officer. In the text of the decision, the Honourable Mr. Justice Mosley states:
The Delegate unreasonably referred to the FMLN as a “terrorist organization”. That term is not used in s 34 and is not a term of art employed by the statute. The IRPA refers to membership in an organization that has, is or will engage in acts of terrorism. The FMLN was never a group for which political terror was a primary tactic. It had broad popular support and has now formed the government elected through democratic means. The organization attracted 80-100,000 members in a country of 5 million population. It was a broad based legitimate resistance group. The armed elements of the FMLN were primarily military forces engaged in a civil war against an oppressive regime much like the African National Congress in South Africa’s struggle against apartheid. The FMLN has not been proscribed as a “terrorist entity” on the list maintained by the Government of Canada. The Government of Canada carries on normal relations with the Government of El Salvador, now led by the FMLN. Some consideration should have been given to all of this before the Delegate concluded that the applicant’s membership in the FMLN was of such a serious nature that it outweighed the positive humanitarian and compassionate factors in favour of granting the applicant an exemption.
Here is the whole text of the Federal Court Decision:
Gabriela Gonzalez, Ontario’s premier assistant, at the solidarity event for Oscar Vigil
Opening remarks by Michele Millard
Gabriela Gonzalez with Juan Carranza and Oscar Vigil
Tanyu Band on stage
Enjoying good Latin American food
Chilean artist, painter and singer Luis Ramirez
Colombian poet and musician Andres Sucerkia
NDP MP for Davenport Andrew Cash
Over a hundred community activists, political leaders, artists and the public of many Latin American countries and Canada, joined together at the solidarity night
Robert Graham and Caitlin Holland
The Salvadoran Ambassador in Canada Oscar Mauricio Duarte, and MP Andrew Cash
Julia Huys explains the legal process, on behalf of Lorne Waldman
Vilma Filici reads a support letter from Toronto Councillor Joe Mihevc
Alejandra Bravo, Community leader and Ward 17 candidate
Duberlis Ramos, from the Hispanic Development Council
Dominican Republican poet Jose Toribio
Loly Rico and Francisco Rico, co-directors of the FCJ Refugee Centre, sold tickets for a surprise raffle
By Gilberto Rogel
Toronto.- Over a hundred community activists, political leaders, artists and the public of many Latin American countries and Canada, joined together this Saturday June 7 at a solidarity night to express their full support to the cause of the Salvadoran journalist Oscar Vigil, who is fighting, perhaps, the strongest and most complicated personal battle to stay in Canada and show the Federal Government its error in declaring him an inadmissible person living in the country.
“I am here to support the cause of Oscar. We need to let our authorities (Immigration) know that it is not possible that a hardworking man and father like Oscar can be treated as a terrorist. The authorities should not believe he was doing anything other than his job, because I am one who believes that the family must stay together if we want a better society,” said Jose Toribio, poet and activist member of the Dominican Republican community, who, with over 20 years living in Canada, cannot understand the decision of the Immigration authorities.
Together with Jose Toribio, many well-known politicians also showed up to confirm their commitment to the cause. Andrew Cash, Member of the Parliament for the New Democratic Party (NDP) representing the riding of Davenport (Toronto), was one of the first to arrive at Mingles Lounge, the place of celebration.
One elderly woman’s only political act was to stitch together uniforms for armed rebels in Ethiopia, then ruled by a murderous tyrant named Haile Mariam Mengistu.
Another man, now in his 60s, once donated the equivalent of $50 to the militant opposition in his country.
Yet another man used to act as an informal contact for foreign journalists who were seeking interviews with anti-government guerrillas in El Salvador.
None of these three people ever engaged in political violence themselves, and yet all of them – along with dozens and perhaps hundreds of others – face the threat of deportation on the grounds that they pose a security risk to the people of Canada, under a catch-all provision of this country’s immigration law that many lawyers decry as unfair and excessive.
“It’s an extreme overreaction,” says Ontario legal-aid lawyer Andrew Brouwer. “Their stories are so compelling. There’s not a single allegation of ever being involved in any kind of violence, much less a terrorist act.”
I’ve known Oscar to be a caring individual and is willing to help other immigrants settle here in Canada. I am absolutely sure that he can be a positive contributor to the Canadian society. In fact he already is.
Mr. Vigil has very compelling humanitarian reasons to be allowed to remain in Canada. Clearly he has been a good Canadian citizen and member of his community for many years. What could possibly be gained by deporting him, aside from international shaming for Canada and lots of pain and sorrow for his family and friends?
I’ve known and worked with many Salvadorans and it seems to me that they could all be deported on similar grounds, because they opposed a brutal government that reigned by the force of death squads. What decent and thinking person wouldn’t oppose that?! We need more of their kind in Canada not less!
For goodness sake, let Oscar and his family stay together and in Canada!