The Canada-based Nigerian lady, Amaka Patience Sonnberger, who was detained on Sunday risks a potential two-year prison sentence in the country or deportation if found guilty of calling for violence against Nigerians of Yoruba and Benin descent.
Section 319 (1a) of the Canadian Criminal Code, as retrieved by Punch from the Canada Justice Laws website, states that anyone convicted of public incitement could face up to two years in prison.
The section reads, “Everyone who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years or (b) an offence punishable on summary conviction.”
The two-year jail term will only apply to Sonnberger if she is a Canadian citizen and is found guilty.
However, if Sonnberger is convicted as a migrant, she could face deportation if she holds either temporary or permanent resident status in Canada.
This information is based on the “Migrants Know Your Rights Guide —Facing Immigration Arrest, Detention, Deportation,” published in 2021 by the International Human Rights Programme at the University of Ontario, Butterfly (an Asian and Migrant Sex Workers Support Network), and the Immigration Legal Committee (No One Is Illegal Toronto).
As stated in the guide, any migrant in Canada who receives a prison sentence of more than six months may face deportation.
The guide partly reads, “If you are convicted of a crime, you could lose your immigration status. Whether you lose your status depends on ‘how serious’ the crime is, the specific crime committed, and the type of status you possess (e.g., temporary status, permanent resident status).
“For instance, someone with permanent resident status could lose that status if they receive a prison sentence of over six months for a given crime, or if the crime carries a maximum prison sentence of 10 (or more) years.
“On the other hand, someone without permanent resident status could lose their immigration status if they are convicted of an ‘indictable’/‘hybrid’ offence or two different offences that arose from separate events, even if they are minor.”
