Here’s the joint declaration of Montreal-North Republik, No one is illegal – Montreal, Solidarity across borders and the Coalition against repression and police abuse for the appearance of Dany Villanueva at the Immigration and Refugee Board of Canada.

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The Canadian Border Services Agency (CBSA) is currently threatening Dany Villanueva with deportation. The initiation of deportation proceedings stem from Dany’s criminal convictions, dating back to 2006, for which he has already served a prison sentence.

Dany is the brother of Fredy Villanueva, who was killed by police on August 9, 2008. Since Fredy’s death, the Villanueva family has never stopped in their quest for justice. The family has spoken to the media, has fought so that the lawyers’ fees during the public inquiry are covered, and has been present for every single day of these hearings. This struggle for the truth has significantly worsened the psychological and material well-being of the Villanuevas. The mourning of Fredy’s death is taking place on the public stage. And, as if this was not enough, the Canadian state has made the move to try to take away another son.

Dany Villanueva already served his sentence from 2006. But, the concept of rehabilitation, so vaunted in our justice system, does not seem to apply to immigrants. According to the CBSA and public opinion, Dany Villanueva has not paid enough for his mistakes given that he now has to deal with the charge of being a threat to society.

The CBSA procedures launched against Dany Villanueva have resulted in the media dwelling over the criminalized aspects of his past and are forcing him to testify in a state of heightened anxiety during the public inquiry. This situation clearly works to the advantage of the lawyers representing the police and the city of Montreal who are attempting to undermine Dany’s credibility. That these procedures are happening so many years later suggests that it is a blatant attempt by the CBSA to meddle in the public inquiry.

We believe that the Canadian state is using all the powers at its disposal to punish the Villanueva family because they are perceived as being too assertive. Canada would also like for this family to serve as an example to ensure that other immigrants do not speak up when they are victims of injustice. Fredy Villanueva was killed because the police regularly harass racialized youth, while the subsequent quest for justice led by the family has been met with the threat of deportation of his brother, Dany. In both situations, racial discrimination is at play. This discrimination is systemic and institutionalized. Canada does not want to allow all the immigrants who are here to remain here, and the legal and immigration systems are called upon to “clean up”, whether in the streets or through the courts.
We estimate that this procedure is contrary to human rights. It violates the principle of equality against the law because it would impose a double penalty Dany Villanueva. Therefore we demand the CBSA to immediately interrupt the removal proceedings against him and that he be granted permanent status in Canada.

No to double penalty!
Stop the deportation of Dany Villanueva!

Montreal, April 21st 2010