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Jamila Bibi risks stoning if deported to Pakist

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Jamila Bibi risks stoning if deported to Pakistan, lawyer says


Misc CDN | 206794 hits | Sep 16 12:52 am | Posted by: N_Fiddledog
23 Comment

Jamila Bibi, a Saskatoon, Sask., woman facing criminal charges for adultery in Pakistan, could be the target of a so-called honour killing by her husband's family if she is deported, her lawyer says.

Comments

  1. by avatar DrCaleb
    Tue Sep 16, 2014 1:43 pm
    Deporting her this morning will be breaking an agreement with the UN to not deport her until an investigation is conducted. How can Harper claim to support human right and claim to support the UN if this is allowed to happen?

  2. by avatar saturn_656
    Tue Sep 16, 2014 3:22 pm
    Don't know what gave you the idea that Harper supports the UN. In any case this decision was one that was reached without his input (it was decided by the courts). He can overturn it, but you know how everyone complains about his adversarial relations with the judicial branch. Wouldn't want anymore of that would we?

  3. by avatar DrCaleb
    Tue Sep 16, 2014 3:29 pm
    "saturn_656" said
    Don't know what gave you the idea that Harper supports the UN.


    Perhaps it's my imagination.

    http://www.cbc.ca/news/politics/harper- ... -1.2767637

    "saturn_656" said

    In any case this decision was one that was reached without his input (it was decided by the courts).


    That's his governing style. Make up poor and unconstitutional legislation, then blame the courts when they overturn it.

    "saturn_656" said

    He can overturn it, but you know how everyone complains about his adversarial relations with the judicial branch. Wouldn't want anymore of that would we?


    He disgraced himself with that stunt. And no, he cannot overturn a judges decision, he's head of the Legislative branch. Only the Supreme court can overturn a Judges's decision. Harper can order Customs and Border personnel not to deport her in accordance with the agreement signed with the UN, but I'm betting he won't.

    Jamila Bibi, a Saskatoon woman facing a criminal charge for adultery in Pakistan, has left Saskatchewan as part of her deportation today.

    But Bashir Khan says there's still time for Canada to grant a stay of removal � which could eliminate the risk of the 63-year-old Bibi being killed by her husband's family.

    On Monday, the Federal Court rejected Bibi's latest appeal of her deportation order, setting the stage for her flight early Tuesday morning.

    Escorted by officials, she was put on a plane in Saskatoon and left the province.

    "Right now, she is in one of the major cities, either Calgary or Vancouver," Khan said. "It's still not too late for her."


    http://www.cbc.ca/news/canada/saskatoon ... -1.2767549

  4. by avatar andyt
    Tue Sep 16, 2014 3:36 pm
    I'm not sure we should be granting refugee status to anybody that is in danger from their own family or other citizens. I thought refugee status was about being persecuted by the govt. Otherwise, seems to me we'd be opening the floodgates. Lot's of abused women in the world that are in danger from their husbands or families. Bride burning in India, say. In central america lots of people in danger from the gangs, as we've seen. Are we really going to give refuge to any one of them that manage to get here?

  5. by avatar CDN_PATRIOT
    Tue Sep 16, 2014 3:39 pm
    It's sad that proper laws and basic human rights aren't respected in backwards countries like Pakistan, but isn't their a bigger issue here? If she is here illegally, or came here to escape charges and/or crimes in her home country, than should she not be deported? I'm not insensitive, I just am of the belief that if we don't stick up for our own laws, we are all setting double standards.

    Just saying.

    -J.

  6. by avatar saturn_656
    Tue Sep 16, 2014 3:48 pm
    "DrCaleb" said
    Don't know what gave you the idea that Harper supports the UN.


    Perhaps it's my imagination.

    http://www.cbc.ca/news/politics/harper- ... -1.2767637

    Must be. So Harper addressed the GA and Canada gives foreign aid? We've had more trouble with the UN in recent times than I can remember us ever having previously.

    That's his governing style. Make up poor and unconstitutional legislation, then blame the courts when they overturn it.


    Nothings been overturned in this case. A Federal Court judge has ordered this woman deported.

    Not Harper.

    He disgraced himself with that stunt. And no, he cannot overturn a judges decision, he's head of the Legislative branch. Only the Supreme court can overturn a Judges's decision. Harper can order Customs and Border personnel not to deport her in accordance with the agreement signed with the UN, but I'm betting he won't.


    Ok, so he can't overturn it but he can trump it. Something which you clearly want to happen.

    So sometimes defying and going against the courts is a good thing?

  7. by avatar DrCaleb
    Tue Sep 16, 2014 3:53 pm
    "andyt" said
    Are we really going to give refuge to any one of them that manage to get here?


    http://ccrweb.ca/sites/ccrweb.ca/files/ ... ersary.htm

    "CDN_PATRIOT" said
    If she is here illegally, or came here to escape charges and/or crimes in her home country, than should she not be deported? I'm not insensitive, I just am of the belief that if we don't stick up for our own laws, we are all setting double standards.


    Canada signed the UN treaty on Refugees that says if someone shows up on our borders and has applies for Refugee status, we must give them a fair hearing into that claim. These are our laws.

    She has applied to the UN for that hearing, and it has not happened yet. But we are deporting her anyway. Like you said Patriot, if we don't adhere to our laws we are setting a double standard.

  8. by avatar andyt
    Tue Sep 16, 2014 3:54 pm
    "saturn_656" said


    So sometimes defying and going against the courts is a good thing?


    Overturning a deportation order is not defying the courts. It's within the purview of the minister, says so right in the legislation. Defying the courts is continuing to act on a law that has been judged to be unconstitutional, without invoking the notwithstanding clause.

  9. by avatar andyt
    Tue Sep 16, 2014 3:56 pm
    "DrCaleb" said
    Are we really going to give refuge to any one of them that manage to get here?


    http://ccrweb.ca/sites/ccrweb.ca/files/ ... ersary.htm

    "CDN_PATRIOT" said
    If she is here illegally, or came here to escape charges and/or crimes in her home country, than should she not be deported? I'm not insensitive, I just am of the belief that if we don't stick up for our own laws, we are all setting double standards.


    Canada signed the UN treaty on Refugees that says if someone shows up on our borders and has applies for Refugee status, we must give them a fair hearing into that claim. These are our laws.

    She has applied to the UN for that hearing, and it has not happened yet. But we are deporting her anyway. Like you said Patriot, if we don't adhere to our laws we are setting a double standard.


    We did give her a fair hearing. Do our laws say we have to go by UN rulings in these matters? I hope not, or we'll have even more trouble with our FN's since the UN has found we're being naughty there too. She, like all refugee claimants, got due process and many appeals. We don't have to wait for the UN on this, unless our law specifically says so, IMO.

  10. by avatar DrCaleb
    Tue Sep 16, 2014 4:03 pm
    "saturn_656" said
    Don't know what gave you the idea that Harper supports the UN.


    Perhaps it's my imagination.

    http://www.cbc.ca/news/politics/harper- ... -1.2767637

    Must be. So Harper addressed the GA and Canada gives foreign aid? We've had more trouble with the UN in recent times than I can remember us ever having previously.


    We reap what we sow.

    "saturn_656" said

    That's his governing style. Make up poor and unconstitutional legislation, then blame the courts when they overturn it.


    Nothings been overturned in this case. A Federal Court judge has ordered this woman deported.

    Not Harper.

    I wasn't speaking about Harper in this case, but the general case. His appointment of an unqualified Supreme Court Justice and his embarrassing actions there; changes to prostitution laws, etc. He legislates knowing the legislation will be overturned in court, then blames the court for governing through the verdict and not through legislation.

    "saturn_656" said

    He disgraced himself with that stunt. And no, he cannot overturn a judges decision, he's head of the Legislative branch. Only the Supreme court can overturn a Judges's decision. Harper can order Customs and Border personnel not to deport her in accordance with the agreement signed with the UN, but I'm betting he won't.


    Ok, so he can't overturn it but he can trump it. Something which you clearly want to happen.

    So sometimes defying and going against the courts is a good thing?

    I want us to follow our own laws. This woman seems like the exact kind of person we should attract to this country, not like that Jamaican imam who likes to preach hate.

    And yes, bad laws should be defied at every opportunity. :evil:

  11. by avatar saturn_656
    Tue Sep 16, 2014 4:07 pm
    "andyt" said


    So sometimes defying and going against the courts is a good thing?


    Overturning a deportation order is not defying the courts. It's within the purview of the minister, says so right in the legislation. Defying the courts is continuing to act on a law that has been judged to be unconstitutional, without invoking the notwithstanding clause.

    Fine, he's trumping them.

  12. by avatar andyt
    Tue Sep 16, 2014 4:13 pm
    It's an important distinction. Trumping the courts legally, no problem. Acting illegally, not so much.

  13. by avatar martin14
    Tue Sep 16, 2014 4:19 pm
    "DrCaleb" said
    I want us to follow our own laws. This woman seems like the exact kind of person we should attract to this country, not like that Jamaican imam who likes to preach hate.

    And yes, bad laws should be defied at every opportunity. :evil:



    We did.
    She had a hearing.
    Papers are 2 years old already.


    So, go ahead and defy these bad laws.
    Saskabush ain't that far away.
    Get off the internetz and go DO something.

  14. by avatar DrCaleb
    Tue Sep 16, 2014 4:22 pm
    "andyt" said

    We did give her a fair hearing. Do our laws say we have to go by UN rulings in these matters? I hope not, or we'll have even more trouble with our FN's since the UN has found we're being naughty there too. She, like all refugee claimants, got due process and many appeals. We don't have to wait for the UN on this, unless our law specifically says so, IMO.


    Did we give her a fair hearing?

    Bibi has been in Canada since 2007. Shortly after arriving, Khan said she applied for refugee status but was rejected. According to documents provided by Khan, the government also did a "pre-removal risk assessment" on Bibi and determined it was not unsafe for her to return to Pakistan. After appealing that ruling to Federal Court, Khan took her case to the United Nations' Office of the High Commissioner for Human Rights, which he said ordered the Canadian government to "cease and desist" in the deportation of Bibi, which was initially scheduled for October 2012. Since then

    it appears the Canadian government has decided to ignore the United Nation's ruling, Khan said. "Canada is violating international law," Khan said.


    http://www.thestarphoenix.com/news/Rest ... story.html

    On Monday evening, Bibi was in detention in the Saskatoon police station, awaiting deportation, Khan said. CBSA officers first arrested her last Wednesday during her weekly check-in at Saskatoon�s CBSA office. Yeasmin said Bibi was diligent about the check-ins, doing so every week for last 22 months.


    http://www.thestarphoenix.com/news/Paki ... story.html

    Her refugee protection claim was denied in 2009 and in 2011 by the Refugee Protection Division of the Immigration and Refugee Board of Canada and by a Pre-Removal Risk Assessment (PRRA) officer who took her "divorce" into consideration.

    In a statement, Judge Marie-Jose� B�dard said: "The applicant has not presented evidence before this court that could support a finding that she will face risks if she is removed to Pakistan that have not already been assessed on two occasions."


    http://www.ibtimes.co.uk/jamila-bibi-fa ... an-1465653

    As the article says, she faces stoning for Adultery if returned to Pakistan.

    1.No Contracting State shall expel or return (�refouler�) a refugee in any
    manner whatsoever to the frontiers of territories where his life or freedom
    would be threatened on account of his race, religion, nationality, member-
    ship of a particular social group or political opinion.

    2.The benefit of the present provision may not, however, be claimed by
    a refugee whom there are reasonable grounds for regarding as a danger to
    the security of the country in which he is, or who, having been convicted by
    a final judgment of a particularly serious crime, constitutes a danger to the
    community of that country.


    http://www.unhcr.org/3b66c2aa10.html

    This is the convention Canada signed.



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