See this article from today's National Post . It highlights the failure of our refugee system. Readers should note that, when a permanent resident is convicted of a criminal offence, such as assault, he or she should become the subject of an immigration report detailing possible inadmissibility by reason of criminality, which should lead to a determination of whether or not the person should be deported. However, people determined to be "Convention refugees" can not be deported unless the Minister of Citizenship and Immigration issues a "danger opinion" , a very lengthy process, so usually those refugees convicted of relatively "minor" crimes get to stay. The question here is whether the timely intervention of the immigration system could have prevented this death, because the refugee had already pleaded guilty to two assault charges before the last and fatal encounter with the victim. Should the legislation be amended to facilitate the deportation o refugees who commit violent crimes? Or would that be "inhumane"?
Killer had remorse only for self: judge
Ethiopian Refugee; Gets life with no parole for at least 18 years
Shannon Kari, National Post
An Ethiopian refugee who brutally stabbed to death his 20-year-old girlfriend in her Toronto apartment was described yesterday as someone with remorse only for himself by an Ontario Superior Court judge who sentenced him to life in prison with no parole for at least 18 years.
Arssei Hindessa was a controlling and jealous boyfriend who killed Natalie Novak in May 2006 because the Ryerson University student was going to end their nearly two-year-long relationship, concluded Justice Anne Molloy.
"She stood up to him, told him it was over and he killed her," said Judge Molloy, who rejected defence arguments that Hindessa should be eligible for parole after spending 12 to 15 years in prison, a decision that was praised by Dawn Novak, the mother of the victim. "This sends a strong message that this case and others of violence against women are being taken seriously," she said outside court.
Hindessa, a 33-year-old Ethiopian refugee who came to Canada eight years ago, was convicted this spring of second-degree murder. The jury rejected his claims of being provoked by Ms. Novak or that he was inebriated and hallucinating when he stabbed her 10 times, after locking the door to the bedroom of her downtown apartment.
The verdict shocked the parents of Ms. Novak and many family members who were in the courtroom, since they believed the jury should have returned with a conviction on a charge of first-degree murder.
The pain felt by her family and friends was clearly on the mind of Judge Molloy during a sentencing ruling that took two hours to read out in court.
"I am aware of the utter devastation caused by her death. Natalie was a vibrant and exceptional young woman," said Judge Molloy. "But we do not differentiate between a lovely young woman and the killing of any other human being," said the judge, who explained she must follow "the rule of law" and accepted sentencing principles in Canada. "Vengeance plays no role in sentencing," she stated.
At the same time, the judge gave lengthy reasons as to why she was ordering that Hindessa serve at least 18 years in prison, instead of the normal range of 12 to 15 years as set out by the Ontario Court of Appeal for a murder in a domestic situation.
She noted several aggravating factors including previous incidents where Hindessa assaulted Ms. Novak, his repeated violations of no contact orders and the fact he walked to the kitchen in the apartment to retrieve a butcher's knife.
"This was a particularly brutal and savage crime. It was as close to first-degree as you can get," said Judge Molloy.
Ms. Novak was stabbed at least nine times in the chest area and there were many defensive wounds . "She fought for her life," Judge Molloy observed.
Hindessa slashed the throat of Ms. Novak before he fled her apartment and threatened to commit suicide a few hours later by jumping off a bridge, when arrested by police.
Ms. Novak came to Toronto from Bracebridge to attend Ryerson. She met Hindessa when she was 18 and he was 28-years-old.
During their relationship he pleaded guilty twice to assaulting Ms. Novak, which he claimed he did simply to get out of jail and alleged that his girlfriend was the aggressor.
"He lied about virtually everything to virtually everyone," said Judge Molloy, who noted that for several months before Ms. Novak was killed, Hindessa was subject to court orders not to have any contact with the woman.
While Ms. Novak initiated some of the ongoing contact, the judge stressed it was Hindessa who had the court orders.
The judge accepted that he had been imprisoned as a young man and tortured in Ethiopia, but she was skeptical about his claims of paranoia and mental illness.
She pointed out that the jury did not believe Hindessa who testified he was drunk, hallucinating and saw a "seven-headed beast" when he stabbed Ms. Novak.
Her father, Ed Novak, said there was a breakdown in the system that is supposed to protect victims of domestic violence.
The death of his daughter was "predictable and preventable" said Mr. Novak, because Hindessa was released from jail despite his assault convictions.
"In hindsight we can see that her killer's behaviour followed the same pattern as that of hundreds of other men who have murdered women in their lives," said Mr. Novak. "The safety net that is supposed to protect victims let Natalie's killer free, time and time again to stalk her, assault her and kill her when she tried to terminate the relationship."
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