Climate activist facing deportation is seeking CBSA delay

Zain Haq, 23, who gained prominence in the B.C. climate activism community for his work as a spokesperson for Extinction Rebellion and as a co-founder of Save Old Growth, is trying to convince federal officials to delay his deportation.

Haq arrived in Canada from Pakistan in 2019 on a study permit, but when his attention turned to climate activism and non-violent civil disobedience, the Canada Border Services Agency (CBSA) began investigating his academic progress, and in 2022, determined he violated his permit by failing to make sufficient progress, he said.

"They were more aggressive than I think the circumstances justified at the time," Haq said of the CBSA, which also detained him twice and had tried to keep him detained until he was removed from Canada.

Haq was enrolled at Simon Fraser University (SFU) and had been working toward a major in history. He was on academic probation at one point, and eventually put his studies on pause, but says he's currently allowed to re-enrol in courses, and that the university has supported an extension of his study permit.

His immigration lawyer, Randall Cohn, believes that CBSA officials began investigating Haq's studies after he was arrested for violating an injunction order related to the Trans Mountain pipeline. Cohn said that since he hadn't been convicted of any charges at that time, he couldn't be found inadmissible to Canada as a result of criminality — so officials relied on the study permit violation.

Haq, walking between two officers in this file photo, was arrested while blocking the sidewalk along Lions Gate Bridge Road in Vancouver in 2021 as part of an Extinction Rebellion protest. (Maggie MacPherson/CBC)

According to Cohn, that has the potential to send a message to other foreign nationals who may want to engage in political activism in Canada.

"It has a chilling effect," he said. "It's not a chilling effect that's a misapplication of the law, but it's a chilling effect that's the result of a discretionary application of the law."

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A CBSA spokesperson said the agency won't comment on details of an individual case, which are protected under the Privacy Act.

In a written statement to CBC News, the CBSA spokesperson said, "being engaged in lawful protest activities would not, in and of itself, render an individual inadmissible to Canada."

Haq has since pleaded guilty to five counts of mischief, which he and Cohn acknowledge would now make him inadmissible to Canada — but that's not the basis for the deportation order, with a deadline of April 22.

Canadian marriage

Haq and Cohn are hoping CBSA uses its discretion to delay the deadline until after a spousal sponsorship application for permanent residency can be processed.

Last spring, Haq married a Canadian, Sophie Papp. The pair submitted the application nearly a year ago with the goal of being granted humanitarian and compassionate considerations, which if successful, would overcome the criminal inadmissibility issue.

Haq and Sophie Papp have submitted an application for spousal sponsorship for permanent residency, but the pair say a CBSA deadline for Haq's removal from Canada will come before the application process is complete. (Submitted)

If the deportation goes ahead, Haq would have to scrap the application and submit a new one from Pakistan, a process that would likely take more than year, according to Cohn.

"The government has the opportunity to make a different choice," he said. "CBSA has discretion about whether or not they're going to enforce this removal."

An online petition, launched by Papp, has more than 2,000 signatures in support of delaying the deportation and allowing Haq to stay in Canada.

Preparing to return to Pakistan

Haq has booked a flight to Pakistan on April 21, one day before his deadline for removal. He said he and Papp are still trying to figure out what life will look like after the deadline.

"It feels like being separated from a place that I consider home," he said, noting his entire adult life has been spent in Canada.

"We're just trying to get our head around what life in Pakistan will look like, and I think it will be uncomfortable for everyone involved. It would be a huge cultural shock for Sophie," said Haq.

He said when he was engaging in civil disobedience he was aware of the consequences, but he hadn't planned on staying in Canada long-term. However, Haq said, that all changed when he and Papp got together.