Judge saves Kitchener man who battered ex-gal pal from deportation
· Toronto Sun
The Waterloo Region is breathing a sigh of relief and giving thanks.
Justice Dominique Kennedy has granted a conditional discharge to a 31-year-old Kitchener man who battered his ex-girlfriend so he wouldn’t be deported to his native India.
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The gal pal beater arrived in Canada as a Trudeau tourist in 2021 on a work visa, the Waterloo Record reports. He currently works at a welding company.
As per the Record , the unnamed man — the newspaper typically does not name suspects — had been in a four-month “intimate relationship” ending in August 2025.
But that was not the end of it.
Angry that relationship ended
Crown prosecutor Ashley Noble said that three months later when the victim did not reply to his constant stream of phone calls and text messages, the man confronted her at her Kitchener home.
Noble told the court: “(He was angry about) her moving on from the relationship and seeing other men.”
The accused then wrapped his hands around her neck but didn’t apply pressure. He then pushed the woman, throwing her onto a couch causing bruising, before he exited the premises, court heard.
But he returned that evening and again became furious with the woman when she continued cooking instead of speaking with him.
No charge
“He put his hands on her throat again, but did not apply pressure and stated that he did not care what happened because he would not get permanent residency,” Noble told the court, as per the Record , adding the victim did not require medical attention.
Yet afterwards, she felt threatened and unsafe she wrote in a victim impact statement.
“I had difficulty leaving my home even for basic activities such as grocery shopping or going to the gym,” she wrote. “I felt anxious about stepping outside and constantly worried about encountering the offender.”
The unnamed man pleaded guilty to assault.
‘Capable of learning’
But wait … the attacker received letters of support from a colleague and a roommate. The man, they wrote, is “capable of learning from what happened,” Justice Kennedy said.
More good news: His work visa has recently been extended and the batterer has now been invited to apply for permanent residency.
If he had been convicted of the assault, his lawyer fretted, he would not have been allowed to stay in the country. So the Crown and defence got together and jointly recommended a conditional discharge.
Kennedy stated that his guilty plea, lack of a criminal record and the consequences of deportation were all things she took into consideration. She added that the kid gloves treatment does not bring the administration of justice into disrepute.
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Getting the soft touch
The judge put the man on probation for 18 months, which is longer than the usual one year. He is barred from contact with the victim and can’t be near anywhere she frequents. He was also ordered to take domestic violence counselling. If he breaches one of the terms of his probation, he could be sent to jail.
The issue of foreign-born and non-citizen criminals getting the soft touch from judges and crowns has been simmering for a while.
Famed, straight-shooting Hamilton Justice Toni Skarica, recently took issue with the emerging two-tiered justice system that let’s immigrant criminals off the hook.
Who are the courts protecting?
“In my opinion, the Canadian justice system is at an inflexion point,” said Skarica, a longtime Superior Court judge. “Who should get priority: should it be a foreign-born individual with no current immigration status, who was granted the privilege of attending one of our educational institutions, and used that opportunity to abuse a law-abiding, honest, hardworking but vulnerable Canadian citizen? Asking that question provides the obvious answer.”
Skarica was presiding over the case of Boss Omeire , a University of Waterloo engineering student who moonlighted as a street preacher. Omeire posted nude images of a woman without her consent.
He came to Canada from Nigeria on a study permit in 2014 and was accepted into U of W’s chemical engineering program.
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‘I will ruin your life’
“What serious student takes nine years to obtain a four-year degree?” Skarica asked.
The victim told the court she met Omeire online and their relationship was abusive and “manipulative.” In March 2023, he demanded $50 or he would post videos of her naked and having sex with him.
“I promise I will ruin your life,” Omeire said. “You will be terrorized.”
He was arrested and released on bail. Omeire breached the conditions. Then he was slated to leave the country but he wasn’t through. The Crown asked for two years less a day but Skarica sentenced Omeire to two years and four months in the big house, adding that the former student should be booted at the end of the sentence.
‘Totally feckless’ justice system
“The justice system had been totally feckless in preventing contact with the complainant, and it was obvious that the accused, accordingly, had no respect for his conditions,” the judge said.
“The Canadian public has the perception that the Canadian justice system is soft on crime, and further prioritizes the rights of criminals over the rights of victims.”
Skarica added: “Regrettably, the history of these proceedings provides ample and further support for that public perception.”