The Myth of Jackie Tran

Jackie Tran has been deported from Canada. The perceived delay in his removal has underscored public unhappiness with the current state of immigration enforcement. Notwithstanding the general relief felt by (apparently) most Calgarians, Tran's deportation does not actually make them any safer, or any less susceptible to the increasing levels of gang violence in Calgary (the fact of the matter is that most criminals are Canadian and therefore cannot be deported). Moreover, Tran's removal had less to do with his criminal record and more to do with his unpopularity and the fact that he had somehow became the public face for organized crime in Calgary.


The fact that he came here as a child with his mother in 1993 seemed to garner little sympathy. A permanent resident, Tran's oversight was to fail to make application for citizenship -- which would have prevented any possibility of his deportation. Tran was finally deported this week from Canada based on his criminality -- a relatively limited, and dated criminal record that included drug trafficking and assault.

Tran was convicted by the criminal courts of this province - courts that see infractions of the laws, major and minor, on a day in and day out basis. Those courts, expert in determining culpability, assigned blame to Tran's offences. Tran was sentenced to serve his sentence in the community for his drug offences and paid a fine with respect to his assault conviction. A court can only impose a conditional sentence after assessing potential risk of releasing an individual back into the community. It is a reality that the vast majority of criminals are released back into the community. Rehabilitation and reintegration of criminals into society occurs every day.

Mr. Tran was not so lucky in convincing the immigration appeal division, which somehow felt that he posed a danger to the community, and should be therefore removed from Canada. This was clearly at odds with the decision made by the criminal court. Mr. Tran was apparently not deserving of the opportunity to rehabilitate and reintegrate -- the way that criminals born in Canada are.

After the Federal Court decided in January not to review the appeal decision, Tran (in keeping in line with his efforts to stay legally in Canada) voluntarily showed up for removal at the Calgary International Airport.

The heightened fear of the public, stoked by the sensationalist media, resulted in Tran facing a frenzied outcry for his removal. As a former hearings officer and more recently an immigration lawyer, I have appeared in hundreds of immigration hearings and appeals. I know, from personal experience, that there are many permanent residents, inadmissible on criminal convictions far more serious than Tran's, that are allowed to stay in this country. It was clear however, that the deck was stacked against Tran because of this 'persona'.

Even though there is no substantive difference between Jackie Tran (who was brought to Canada as a child and raised here) and a citizen, the criminality of the former resulted in deportation, while the criminality of the latter will never result in deportation. It's clear that Calgarians are comfortable removing an individual born abroad and comfortable with living with criminals born here.

Comments

[redneck]

true true true...media blew everything up. They let child molesters and rapists out in the city after a few months but deport an "alleged gangster" with a tiny record.

[Freidrich]

I'm sure that if we could deport all of these more serious offenders to an isolated island we would. It's the justice system that keeps releasing them into public. It's not like my sister or the lady down the street show up to the jail cell with a key and go "well, come on out and live amongst the people again!!". Get a grip.

I hope they ship all the asian "gangsters" out of town. No matter where they were born. They are the scourge of the city. Well, and the lawyers that defend them in court.

[Neil]

I think you're missing the point there Raj. Calgarians aren't comfortable living with criminals who were born here, we all hate the silly little slaps on the wrist that violent criminals consistently get and passionately wish that the justice system would start to care about the innocent and stop protecting and pitying criminals. Also, we realize we have to live amongst Candian citizens that our justice system is too ineffective to punish and keep us safe from as they didn't come from some far away place so we can't send them back. On the other hand though there are people who we don't have to live amongst because we can kick them out of our country and I feel no sympathy or guilt for wanting to rid our city of anyone who immigrates here only to become a criminal that drains on our society and puts us all at risk. Good riddance to Jackie Tran, he and everyone like him aren't welcome here, they can assault and steal from each other back home.

[Raj Sharma]

Neil,

I appreciate your comment and hear what you are saying. I don't blame anyone for wanting to rid society of the 'bad guys' ... however I question the effectiveness and the distinction which I believe to be one without a difference in removing long term permanent residents of Canada, especially those that came here as children. If our system is one of reintegration and rehabilitation, then why don't we deny it from these individuals, who are Canadian (citizens) in all but for an oversight in failing to apply for citizenship?

[GranTurino]

Whats the point in continuing to try and bring Jackie Tran back? it was hard enough getting rid of him in the first place we need to deport more criminals and these asian gangsters and make it easier to get rid of them and impossible for them to come back