Findings indicate that Amaka Sonnberger, a Nigeria-born woman residing in Canada, who was arrested on Monday, faces a potential two-year prison sentence or deportation if convicted of inciting violence against Nigerians of Yoruba and Benin descent.
The suspect is scheduled to appear in court on September 2, 2024, following her arrest by Toronto Police on September 1, 2024, for allegedly making hate-driven threats against the Nigerian community.
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According to Section 319 (1a) of the Canadian Criminal Code, as per the Canada Justice Laws website, a conviction for public incitement can result in 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.”
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Further findings reveal that a two-year prison term would apply to Sonnberger only if she is a Canadian citizen and is convicted.
However, if Sonnberger is found guilty as a migrant, she could face deportation instead, depending on her status as a temporary or permanent resident.
According to 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 $3x Workers Support Network), and the Immigration Legal Committee (No One Is Illegal Toronto), any migrant in Canada sentenced to more than six months in prison may be subject to 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.”
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