I'm sure his attorney is going to move to PRRA next and then also apply for H&C. IAD will very likely refuse and they will go to Supreme Court which will make the ultimate decision. But I'm curious on what grounds might an H&C be accepted. Something intriguing to me is that his sentence was 8 years and not over 10 years but it still constitutes serious criminality.
I was reading Mvana v Canada where they challenged the constitutionality of IRPA 36 in it's entirety and then Canada v Khosa where Supreme Court ultimately upheld the deportation so it's very likely he will be deported but if H&C is granted and based on judgement by Sask court his driving ban gets lifted in 10 years from sentencing, would he actually be able to start driving?
I'm just looking for thoughts in a legal context so please don't share emotional responses. The whole incident was a big tragedy.
I was reading Mvana v Canada where they challenged the constitutionality of IRPA 36 in it's entirety and then Canada v Khosa where Supreme Court ultimately upheld the deportation so it's very likely he will be deported but if H&C is granted and based on judgement by Sask court his driving ban gets lifted in 10 years from sentencing, would he actually be able to start driving?
I'm just looking for thoughts in a legal context so please don't share emotional responses. The whole incident was a big tragedy.