By Keith Lacey
Two Americans found out the hard way that if youÂ?re deported from Canada and you return, there is a serious price to pay.
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On Tuesday, Justice William Fitzgerald sentenced Pedro Santiago, 51, to 60 days in jail after he landed in Chapleau last week, only days after being deported from Canada.
Duty counsel lawyer Craig Fleming told the court how Santiago, a native of Puerto Rico who has spent most of his life in Buffalo, N.Y., got drunk and boarded a train in Buffalo he thought was headed for Atlanta.
Instead of ending up in the Deep South, Santiago somehow ended up in northern Ontario.
Santiago, who had served a five-year penitentiary term south of the border for burglary in 1987, was deported from Canada in early September when authorities caught up to him in Toronto.
Santiago was charged with obstructing justice and was given a 15-day jail sentence.
Federal Crown prosecutor Robert Topp asked for a 90-day jail sentence saying Santiago was banned from entering Canada, yet gained illegal entry and continued to indulge in criminal activity in Toronto.
Speaking through an interpreter, Santiago told the court he didnÂ?t deserve 15 days in jail for what happened in Toronto.
He also said he was extremely drunk when he boarded the train and accidentally ended up in northern Ontario.
He never intended to return to Canada, doesnÂ?t want to be in this country any longer and wants out of jail, he said.
Fitzgerald ruled it was his feeling a 90-day sentence was too harsh, but releasing Santiago was also inappropriate and imposed the 60-day sentence.
Santiago will be deported back to the United States once his sentence expires.
On Monday, Justice Guy Mahaffy sentenced a Texas man to 60 days in jail after Steven Carter, 52, pleaded guilty to breaching a section of Canadian immigration law.
Court heard Carter was turned in to Timmins police Sept. 16 after Carter and his male partner got into a domestic dispute in the northern Ontario town.
Carter was escorted to the American border near Sault Ste. Marie, but instead of driving back to Texas, drove to the Niagara Falls area and re-entered Canada illegally and again drove back to Timmins.
Defence counsel Alex Toffoli said Carter and his male partner ran their own computer business and Carter visited Canada and Timmins simply to address some personal problems he was having with his partner.
Â?His visit was strictly emotionalÂ? and didnÂ?t involve any plans to commit any crime or hurt anyone, said Toffoli.
However, Toffoli did admit Carter is wanted by authorities in his hometown in Texas, but it wasnÂ?t revealed in court how serious the allegations against him were.
His client has been in custody for two weeks and is going to be escorted by police out of Canada once again when heÂ?s released, said Toffoli.
In all the circumstances, time served would be appropriate, he said.
Topp disagreed saying immigration authorities have a difficult job and made it clear Carter was not wanted in this country until his troubles in Texas were resolved.
ItÂ?s troubling that a man ordered out of Canada would return illegally two days later, he said.
In all circumstances a jail sentence of three or four months would be appropriate.
Mahaffy said while there doesnÂ?t appear to be anything sinister about CarterÂ?s time spent in Canada, the fact is immigration officials kicked him out of the country, and he returned two days later knowing it was wrong and illegal.
There must be some sort of punishment or other like-minded individuals will do the same thing, said Mahaffy in imposing the 60-day sentence.
Mahaffy also told Carter he will be escorted to the border after his release and told him to obtain proper papers from government officials if heÂ?s ever to return to Canada again.
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