Law Times

Law timeS • September 14, 2009 NEWS PAGE 5 'Rehabilitated' terrorist awaits decision on bar membership BY ROBERT TODD Law Times rorist entry to the legal pro- fession because he has been "completely rehabilitated" and expressed remorse over his role in the 1984 hijacking of an Indian Airlines jet, says his lawyer. "Notwithstanding his un- T certain immigration status in Canada, he would be, and had demonstrated that he would be, an excellent member of the bar," says Sack Goldblatt Mitchell LLP lawyer Frank Addario, who represented applicant Parminder Singh Saini before a recent good- character hearing. The three-person LSUC panel, led by Ottawa lawyer and law society Bencher Wil- liam Simpson, reserved its de- cision on the matter. According to an agreed state- ment of facts obtained from the LSUC, Saini first sought admission to the law society in November 2006. He was at that time in the midst of get- ting his permanent residency and work permit. In the "good character" sec- tion of his licensing process ap- plication, Saini acknowledged he had served 10 years in Paki- stan for a hijacking offence. He also revealed in the application he had spent three years in im- migration detention in Canada starting in 1995. As well, he said Pakistan's president had pardoned him of the offence in 1998. He attached a pardon certificate. Saini, who is now 46, also noted in the application that he would complete his LLB studies at the University of Windsor law school in April 2006. Saini has since finished his studies and articling require- ment, but his admission to the bar has been stalled by the good- character investigation. The statement of facts indi- cates Saini used counterfeit doc- uments under the name "Balbir Singh" when he arrived in Can- ada in 1994, which allowed him to apply for refugee status and get a driver's licence. He used the false name for eight months and was detained after immigration authorities discovered his use of the phony documents. At that time, the immigration minister said Saini was a "danger to the public in Canada." Saini was detained for three years before being released in July 1998, and his immigration status is still unsettled. The statement of facts indi- cates that Saini, who was 21 at the time, hijacked the airplane "at the behest of leaders within his religious community" and that he was picked due to his ability to speak four languages, including English. "The leaders promised the applicant, and he believed that he would be completely protected and taken care of he Law Society of Up- per Canada should allow a convicted ter- by this Sikh organization," according to the statement. The statement said the reli- gious leaders wanted to "alert the world" to the repression the Sikh community faced through the actions of the In- dian government. "This action resulted in the killing of many men, women, and children who were mem- bers of the Sikh community," according to the statement. "Sikh religious shrines, includ- ing the holiest shrine (The Golden Temple at Amritsar), were desecrated. The Indian government tightly controlled the media about this action." The hijacking involved an In- dian Airlines Airbus A300 travel- ling from Srinagar to New Delhi and carrying 265 passengers, ac- cording to the statement. Saini was handed a loaded weapon after boarding the plane, and he and his accomplices also carried kirpans. They demanded the plane land in Lahore, Pakistan. Saini admitted three people suffered minor injuries during the hijacking, according to the statement of facts. When the plane landed in Lahore, Saini "acted as a spokesperson for the group and he negotiated with Pakistan authorities," according to the statement. Passengers were re- leased, and the hijackers were taken into custody after more than 20 hours of negotiations. Saini was sentenced to death, but that was later commuted to life in prison. He was released from custody for medical reasons in July 1994 and was granted full parole in January 1995. The statement of facts also states Saini used a forged Afghan passport to enter Canada in 1995 and also to seek asylum. He was released by immigration officials pending a refugee determination hearing and worked using the assumed name. Later that year, following a Canadian Security Intelligence Service investigation that re- vealed Saini's real name, police arrested and detained him, ac- cording to the statement. He was ordered conditionally deported after being found inadmissible due to his hijacking conviction. Saini went on to challenge a series of rulings from his deten- tion review. A stay was granted of an order to deport him to In- dia, and the Federal Court later determined that the risk he faced upon returning to India had not been appropriately assessed. He was released from deten- tion in 1998 due to the length of his term in custody and because his removal from Canada was not immediately pending. In February 2000, the Federal Court accepted Saini's pardon and ruled his hijacking convic- tion should not be a reason for his deportation. But the Federal Court of Appeal overturned that decision in October 2001. Saini has since been subject to a pre-removal risk-assess- ment application, which de- termined he may be at risk if D&D_LT_Sep14_09.indd 1 Please quote "Emerald Suite" to order C To order this product or get more information, please call Andrew Jackson at 905-762-7115 or email andrew_jackson@dyedurham.ca or contact our Customer Care Team Since 1998 dyedurham.ca • 1-888-393-3874 9/8/09 9:22:39 AM he goes back to India, accord- ing to the statement of facts. A required review of that assess- ment is undecided. Saini told a law society inves- tigator he does not believe his hijacking conviction should be a factor in the LSUC's decision. "While I have no hesitation . . . in my humble and respect- ful opinion, the law society cannot look behind the par- don to assess a member's good character because pardon nul- lifies the conviction and its ef- fects," he told the investigator, according to the agreed state- ment of facts. 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