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Family concerned about well-being of deported Tamil man

Immigration lawyer Barbara Jackman speaks during a press conference in Toronto on Friday, January 11, 2002. (Aaron Harris / THE CANADIAN PRESS)
Immigration lawyer Barbara Jackman speaks during a press conference in Toronto on Friday, January 11, 2002. (Aaron Harris / THE CANADIAN PRESS)

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Date: Thursday Jul. 22, 2010 7:26 AM ET

A lawyer for a recently deported Tamil man says his family is concerned for his well-being after his arrest in Sri Lanka earlier this month.

Jothiravi Sittampalam was sent back to Sri Lanka after a lengthy battle with the Canadian government, which had been trying to deport him for nearly 10 years.

The 40-year-old Sittampalam had long been slated for deportation because of a 1996 cocaine trafficking conviction and the fact the government had grounds to believe he was involved with A.K. Kannan -- a defunct Tamil street gang that Toronto police say he once led -- during the 1990s.

His Toronto lawyer, Barbara Jackman, told CTV.ca in a telephone interview that the government began removal proceedings against her client in the fall of 2001. They issued a removal order three years later, but did not actually remove him from the country until June 11 of this year.

After Sittampalam was deported, the Canadian government issued a June 21 press release with Public Safety Minister Vic Toews welcoming the removal of "this violent gang leader." Immigration Minister Jason Kenney described Sittampalam as being a type of "particularly violent" criminal.

Jackman said that while Sittampalam has admitted involvement in some criminal activities, he has denied being the leader of the Tamil street gang and he was never convicted of any violent offences.

Five days after the press release was issued, Sittampalam was arrested by Sri Lankan police in the town of Karavettia and brought to a location in Colombo -- the fourth floor of the Criminal Investigation Division -- which has an infamous reputation for torture.

Jackman is accusing the government of purposely stirring up trouble for her client in Sri Lanka by issuing a high-profile press release announcing Sittampalam's deportation -- and possibly of giving information to Sri Lankan officials in the past suggesting that he was a fundraiser for the Tamil Tigers, also known as the Liberation Tigers of Tamil Eelam.

According to a receipt on arrest from Sri Lanka's Minsitry of Defence, Public Security, Law and Order, Sittampalam was arrested for "leading A.K. Kannan gang in Canada and found raising (sic) for LTTE."

Jackman has filed a submission to the Federal Court of Canada asking to reopen her client's case -- and if successful, bring Sittampalam back to Canada.

"We want the new evidence to be before the court, and ultimately if he succeeds in court we want him brought back," Jackman said in a separate interview on her client's case with The Canadian Press earlier this week.

A hearing on that matter was originally expected Thursday, though Jackman told CTV.ca via email that it will now be rescheduled.

Meanwhile, the deported man's wife, Pushpalatha Rajaratnam, is "really nervous" about speaking to the media about the predicament her husband is in, Jackman said.

Rajaratnam is now living in Ajax with the couple's two young daughters, though she has not told them about what has happened to their father.

"The kids are not in the loop in terms of what's going in Sri Lanka," said Jackman, who noted they were "very upset" when they were told Sittampalam had to leave.

The deported man's nephew, Shathesh Kuhendrarajah, told CTV.ca in a brief phone interview that whatever trouble his uncle had with the law in Canada has been dealt with.

"He's gone through so many hurdles just to try and be with his family," Kuhendrarajah said Wednesday.

For the government "to pluck him out of our family is just unfair."

With files from The Canadian Press

Comments are now closed for this story

Richard in Ontario
said

@Sick of CanadiansYou rant about losing rights and all the other claptrap that you have in your last post, but let it be repeated, that if in fact all this is wrong in our Country, then you haven't lost the right to go to wherever you would feel much better. We have enough criminals of our own to look after without importing them from all over the world. Tough to hear you're 40 years old, have been in our Country all of your life and have such a bitter outlook on life. What a burden to carry.


Jason2020
said

So....Canada does not have a good justice system to procecute this criminal here? That's why it sent him to Sri Lanka? It seems to me Canada is also supporting human rights violation that SL goverment commited which is under UN investigation now. I do not care if this guy is a criminal or not. But if this guy is killed in Sri Lanka, Canada is also responsible for it.


Army Ant of Ottawa
said

Sick of Canadians - I would not normally respond to the posting of someone else but you make the most outrageous claims. How can you say that Canada is "infested with some of the worst humanity in the world."Sir, I have been to some of the most violent and desperate places on the face of this earth and I have seen the worst of humanity in spades. There is no country that is perfect all the time, and Canada has some things that we can always improve, but I can tell you that there is a great deal of humanity in Canada, we live in one of the most humane countries on this planet. My suggestion to you is to travel, visit some of the worst places in the world and then re-assess your opinion of Canada.


MD
said

Bravo for the deportation. It took way, way, way too long though, considering this persons ties and criminal activity in Canada. What I think Canadians should also be very concerned about is the 70 tamil tiger terrorists that entered Canada illegally on an old fishing vessel last year. Once they arrived in Canada(illegally) they were all released into the main population very quickly. Where are these terrorists now? Are they being monitered to this day by our gov't? Why did the government knowingly let more tamil tiger terrorists into the country? How does that make Canadians feel safe? How can it feel like Canada accomplished something with this one deportation when they allowed 70 more of these terrorists into our country last year, illegally! Not to mention CTV had reported the other day that there was yet ANOTHER tamil tiger vessel with over 200 tamils tigers aboard on its way to Canada right now as I type.Canadians have every right to be worried about this and every right to want their government to send the boat back to where ever it is coming from.

Sick of Canadians
said

Ah the litany of aged white men, it is a glory of myopia, bigotry, intolerance, ignorance and mental vapidity. Those who disagree, get out! Those who speak up, shut up!Those who protest oppression, sit down!Those who question, throw them in jail and toss the keys! Those who break the law, six feet under!Those who challenge, deport!Those who own their own minds, attack! Those who disturb the great sleep, kill! The jails are filled with disgusting, deviant Caucasian men, start deporting them. I'm 40 years old not a college student and been Canadian my whole life and you would be best served to read my words: this is a great country infested with some of the worst humanity in the world. B.Kelly and professor apple tart and the rest of your band of archaic fossils who refuse to let this country be rejuvenated and reborn. Those are MY rights you keep trying to give away to corrupt governments and power hungry corporations.

Army Ant from Ottawa
said

I do not feel much sympathy for this man. My parents were immigrants to this wonderful country. They were poor, and understood little about Canada, but they worked hard and bettered themselves through education, eventually bought a house, raised four children, and managed to make sure all of the children went on to university. My mother and father volunteered in the community and made the town they lived in better by their efforts. Neither of my parents committed any crimes, or had any run ins with the police despite, at times, being out of work and wondering how they would meet the rent or pay the bills that month. Crime was never on option for them. So, though I feel sympathy for his wife and two children that are left behind, I would not support this man returning to this country. He has brought all of this on by his own actions, and there is no one to blame but himself.


Richard in Ontario
said

Had the pleasure of seeing Merle Haggard last evening and he had the audience stand up as he sang his tribute to our Armed forces on each side of the border. The song, "The Fightin' Side of Me" and the one line in that song addresses the comments by the likes of "Sick of Canada". "If you're running down my country, hoss, you're walking on the Fightin's side of me"... Also, another line, "if you don't love it, leave it let this song that I'm singin' be a warning"..............Thought I'd post this for all that use our Citizenship as a convenience.


B. Kelley, Ontario
said

@ concerned citizen - I suggest that you get your facts straight. From the article - "The 40-year-old Sittampalam had long been slated for deportation because of a 1996 cocaine trafficking conviction and the fact the government had grounds to believe he was involved with A.K. Kannan -- a defunct Tamil street gang". So where do you read that he was not convicted? Trafficking in cocaine is not exactly in the same category as selling a little pot in high school. So he understandably denies his street gang involvement. Do you really expect him to admit it? Do you take his word over that of responsible officials who operate in an environment overwhelmingly biased in favour of potential deportees? If you really are concerned then I suggest you try to extend that concern to the victims of his criminality.


Al in Orillia
said

Dear Sick of Canadians,You can.....well, you know.Do you think that Canadians would be better people if they openly welcomed criminals, I don't care if they're purple, or from mars, if they are criminals, we have enough of them already thanks. You're the one who's thinking is racially biased. BTW I'm not caucasian.


Richard in Ontario
said

@abiYou have got to be joking right. Racism, hatred?This won't happen to my family since we are loyal Canadians and have not brought any troubles and toils from another country and are using Canada as a shelter. This person was supposed to have been deported 10 years ago and unfortunately, the wheels of justice turn too slowly here and of course our beloved defence lawyers continue to reap mega profits using the old "they deserve to be treated better" routine. Too bad this man's family has to have a hard time but he brought it on himself and his family.


OttRob
said

What was it that Shakepeare said about lawyers? Holds true to this day.


Zac
said

Does it make me a racist if I think a man who was caught trafficking drugs should be deported, maybe he should have thought about what would happen to him and his family before he broke the law. And what is wrong with the Canadian government explaining why they are sending him back to the government of Sri Lanka, I mean if I was the government of Sri Lanka I think I would ask Canada why they are deporting a person back, it not like it would be a secret. I wonder how much the family is paying this lawyer because she seems to have things backwards, guilty people go to jail. If he hadn’t committed a crime in the first place then this would be wrong, but he did, he fought being sent back for 10 years and lost, so case close, Canada can't be held responsible for the legal systems in other countries, and if he was fleeing oppression in his home land he should have known better then to screw things up when he got here.


Raven
said

He's a convicted criminal, and therefore had no business being here longer than he was. If he was so concerned about his well being her would have kept his nose clean. Good riddance.


PBW
said

Why is it that it took government officials nearly ten years to execute the order? Was it perhaps, because of the actions of the lawyer concerned? And who is paying the lawyer in question? Lawyers do not come cheap. However, the person WAS finally deported to his nation of birth and the lawyer lost. The present action is that of a sore loser. The legal hurdles were leapt through and the decision was made final: accept it.


Joe Smith, From whereever I want
said

I agree, you rightwing nuts have ruined Canada for years to come...not in regards to this article but just in general, thanks Alberta!


Bob
said

You've got to be joking, fighting to bring back a criminal that took us a decade to get rid of? How about a little accountability here. The man clearly lived on the edge and now it has caught up to him.It's time to pay the piper. He's not welcome back to Canada


Doug # BC
said

If "Abi" hadn't posted a suggestion that this is a case of racism or hatred,I would have been left thinking our immigration system might just be a bit of a sham. Thanks to that bit of dribble,I now KNOW our immigration system needs some major "tinkering". To me,it seems like MOST immigrants,and virtually ALL refugees age presented with a good opportunity for a good life when they come to Canada.I see no reason why Canada should not also benefit from the policy. And really,there are no benefits to Canada if we allow criminals and terrorists to take from Canada,and give nothing. My only criticism is that it took far to long to deport this man.It's now fair to him.It;'s not fair to the taxpayer.And it is certainly not fair to the nation as a whole.When the ONLY thing he had to do to stay here was obey the laws of the land, and he was unable to do so,I think both he and Canada are better served by having him choose a country whose laws he can support.But fro crying out loud,SPEED UP THE PROCESS. It must become known that deportation is going to be swift and certain for those who can't live within the laws of this country.That will make life easier for all of us,for those who immigrate legally,work hard,obey the law,and help build a better Canada.It is unacceptable to have an immigration policy that gives refugees and immigrants a "free pass" if they break the law.In the past,immigrants and refugees who cimottied a crime punishable by more than 2 years in jail were deported.PERIOD.I do not believe that policy should have changed.Respect for their new country is not to much to ask. "Racism or hatred"?? On your part,maybe.This policy,NO WAY.


Peter, Ottawa
said

Not Canada's problem. He is a convicted criminal. The world is full of people who want to come here, most of them good, law-abiding, productive people. Our courts should waste no more time on the imagined plight of someone we, for good reasons, deported. Instead, our institutions should protect those of us who live here peacefully from the likes of this person. Good riddance.


Concerned citizen
said

"Jackman said that while Sittampalam has admitted involvement in some criminal activities, he has denied being the leader of the Tamil street gang and he was never convicted of any violent offences. "Read the article. His supposed crimes were committed 20 years ago - and he wasn't convicted. Which means that there wasn't enough evidence at the time, in a court of law, to prove his guilt. I doubt he had a high priced lawyer either, being an immigrant, so don't give me the "he used a loophole" argument. They just deported a Canadian citizen based on biased attitudes. Racist - maybe not. But definitiely biased. Some of the attitutdes such as "good riddance" and "about time" should really think - what if you were whisked away from your family and sent to another country because the GOV found out you dealt pot in high school? or maybe were involved in "gang behaviour" in your teens? On a side note: before anyone lables me as "obviously a liberal socialist who wants anarchy to reign supreme" - I voted for Harper. But never again.


Really?
said

@ Sick of Canadians: Rambling, nonsensical argument equating two completely unrelated subjects in an apparent attempt to make some sort of point? Check. Improper use of punctuation? Check. Insults directed at those holding the popular, rational stance on this issue? Check. Random inclusion of a politically charged topic to further incite CTV’s comparatively conservative readers? Check. You get trolling points for maintaining proper form however deductions must be made for your execution.


Bill in BC
said

Good morning "Sick of Canadians": Interesting hyprbole you bring to the table, and not a word of truth in it. These comment boards did not exist during the "bad old" apartheid years of South Africa. Canadians are not inherently racist, although we unfortunately do have some with racist leanings amoung us (yourself perhaps?). and as for being heartless?? Canadians have a reasonable expectation that our government take the neccesary steps to protect the population from criminals. All of that said, perhaps the problem is not with Canadians but with you and your warped perceptions of our country. Next time you poke your nose out of the local student union's basement, please actually have two clues to rub together. Thanks for coming out.


B. Kelley, Ontario
said

@Sick of Canadians - From your comments I would assume that you are not a Canadian and, if that is the case, then I would respectfully submit that the best solution to your being "sick" would be to leave the country for one whose culture matches your particular values. If you are a Canadian then the same solution applies. I don't think that you'll have much luck finding one, however. Canada is one of the most compassionate and welcoming countries in the world and, if we have a fault, it's being overly-tolerant to our own detriment. There are, however, limits to our acceptance and that occurs at the point where someone demonstrates a chronic and total disdain for our laws, values and culture. What you call a lack of compassion I call setting and defending an expected standard of conduct. When people know the rules and know the likely result of breaking them then they deserve no sympathy or support from anyone when the hammer comes down. Remember who the real victims are in this situation - Canadians whose streets were made more dangerous, addicts whose lives were ruined and children whose families and futures were very likely destroyed as a result of his criminal activities.


Prof. Pye Chartt
said

@ Sick of Canadians: Every time I read a comment like yours I am reminded that Canada remains home to a gleefully ignored constituency of bleeding-heart fools who, with their left-wing compass, find false "injustice" everywhere, all the time. Give it a rest. (The article contains nothing of conclusive fact to hang your hat on, as the boisterous and baseless "allegations" of a self-interested lawyer don't supersede the 10-year bureaucratic effort of your federal government and a myriad of non-partisan officials.)


PVT
said

Hey 'Sick of Canadians',You are free to move to any country you want to if Canada is so terrible. Don't let the door hit you on the way out. It's bleeding heart mentality, the likes of which you employ, that create an social / legal environment prone to abuse and mis-management. In short - take a long walk off a short dock buddy.


Portes
said

Sick of CanadiansFirstly you need help, you are a very sick person. Secondly if you don't like Canada LEAVE. Thirdly you a a racist, it can also be used to describe people who hate whites as well, the road runs both ways. It seems that this young man was a bad egg from the start so send him back where he came from. We have enough problems with guns and drugs in this country and don't need anymore


PrairieBoy53
said

So his Immigration Lawyer manages to stall the deportation for ten years then immediately starts working on getting him back, all paid for by the taxpayer. We'd be better off by deporting all the lawyers and keeping the criminals; at least we'd end up with only one kind of crook.


Sick of Canadians
said

Every time I read this comment board I am reminded of a few things:1. Canadian's are the most heartless bunch on the planet.2. Canadian's don't value the law or real justice and therefore we are in danger of losing said pillars of our democratic society.3. Canadians are intellectually lazy and bigoted. When white South African's were facing the consequences of decades of the most vile, primitive behavior towards the black population of that region, all the enlightened Canadians were on this comment board defending the poor little whites. But, any one not of European origin it's 'good riddance'. I think this is a great country infested with some of the worst human beings on the planet - worse than drug dealers and "terrorists". How many women and children did our white PM kill in Afghanistan this week?


Al in Orillia
said

Why is this in the news?Goodbye, good riddance!There are deserving people suffering in this country that need our attention, who gives a crap about somebody who was given a chance to live in Canada and and decided to abuse the generosity of his benefactor. Slow news day?


Bill in BC
said

This is hardly any concern of Canadians. He was legally removed from Canada for good reason. He is the problem of his own country now.


CamofTBay
said

The man has been found to be a criminal. He used (abused) Canada's legal system for ten years with all the attendant hype his lawyers could muster - but was nevertheless found guilty and deported. Good - exactly what should have happened - only speedier would have been nice. Now he suffers the consequences of his own behaviour. It is called justice. It is baffeling and disappointing that any Canadian lawyer would speak to this man's plight in any supportive way whatsoever.


Prof. Pye Chartt
said

Only in Canada would someone devoid of the basic sense to keep his nose clean while enjoying the privilege of residing here get "VICTIM" stamped on his forehead. Good riddance, buddy. You had a wondrous opportunity in your hands, that included your family, and you blew it. Have fun now. Bye-bye. (Sorry, Ms. Jackman, we've pressed the public "Mute" button and can't hear you.)


Roger
said

It's funny that I don't break the law and don't go looking for trouble and the government/cops leaves me alone. If his family was that important he wouldn't have been trfficking cocaine.


John MacPriest
said

the biggest shame is that because he spent ten years waiting to be deported, he will likely claim now that he has reformed and is a model citized. But he was spreading poison on the streets, and profiting by it. Seeya!Don't do the crime if you can't do the time!


Jack R
said

Whaaaa. Poor convicted cocaine trafficking gang leader who terrorized innocent people and brought drugs and guns into Canada and it only took 9 years to deport him. Poor, poor scuzzball.


Henry
said

We can't get rid of this type of person fast enough. If we could only be stricter in who we let into this counrty. Having lived in TO for many year the problems are getting way out of hand. Just tooooo many bleading hearts and not enough tuff love.


B. Kelley, not crying in Ontario
said

This is a rare example of someone actually suffering the consequences of his own decisions and actions. His lawyer would have us believe that his deportation is "unfair". Unfair to whom? If there is any unfairness to his family then they should place the blame squarely on his shoulders. The Canadian government simply took appropriate action to protect it's citizens. That is their job and that is what is "fair" to us.


ian
said

The last thing we need is to bring back criminals into this country. We have no responsibility for these people, nor should we have.When they come into this country and commit a crime, there should absolutely be no need to prolong the process to remove them. The fact it took 10 years to deport this guy is insane.


Canadian
said

I guess he should have kept his nose clean while here in Canada. Not our problem.


George V.
said

Any problems that Sittampalam may have had or is having now was all brought on himself. Canada is a country that is extremely good to all it's new citizens if they are willing to work hard, stay out of trouble the sky is the limit. If you become involved in cocaine and street gangs there is no place for you here, go back where you came from and cause your problems there, they know how to deal with you. I have no sympathy for this person. To prove how generous Canada really is we are stiil fighting for this man to bring him back. ONLY in Canada,.


PVT
said

People like Jothiravi Sittampalam are exactly the kind of folk we don't need or want in this country. He should have been deported years ago - it's too bad it took as long as it did to send him packing.


Abi
said

Most of the people who wrote comments really didnt stop and think about how it would feel if this happened to them or their own family member. Not sure if this is case of racism or hatred? hmmm


For of Life
said

How unfair of you Canadian government to deport a convicted criminal from Canada!Furthermore, how unfair of you candian government to try and provide the rest of us safety & secuirty from these now self-declared reformed people!Its just not right. You evil gov't act as if people just say and do whatever they need to in order to ensure they are not subject to repurcussions for the bad stuff they do.I mean really, do we really need justice?


maria
said

Who cares? Good riddance to him. Ten years to deport him, and now we get a sob story about how we're an unjust nation for deporting a gangster and possible fundraiser for a terrorist organization?


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