Congolese Refugee in Kitchener Avoids Deportation After Assault Charges

A 28-year-old Congolese refugee living in Kitchener has successfully avoided deportation after pleading guilty to multiple charges, including assaulting two police officers. The man arrived in Canada two years ago, fleeing violence in his home country, where he lost his wife and several family members due to ongoing conflict.

During a recent court hearing, duty counsel Emmanuel Wingate outlined the traumatic background that led the man to Canada. He indicated that the refugee had turned to alcohol as a coping mechanism for his experiences. The incidents that led to his charges occurred in both Kitchener and nearby Waterloo, with the man reportedly intoxicated during each event.

On February 23, he assaulted his brother and vandalized a neighbor’s car using a drill. Later, on September 17, he confronted a stranger in downtown Kitchener, threatening, “Do you think I could kill you?” During an altercation with police, he was found holding an open bottle of beer and allegedly struck an officer in the head with either the bottle or his fist. Subsequently, while receiving medical attention, he spat at an officer.

After serving 81 days in jail, the man pleaded guilty to charges of assault and mischief. Crown prosecutor Anita Etheridge argued against a conditional discharge, stating, “A discharge is not in the best interest of the community.” Despite this, Justice Craig Parry ultimately agreed to grant the conditional discharge, which would allow the man to avoid a criminal conviction that could have led to his deportation.

In delivering his decision, Justice Parry acknowledged the profound trauma the man had endured, saying, “You fled from a country where the rule of law has broken down, where people you love were killed as a result of the conflict in that country.” He emphasized the difficulty of understanding such trauma and its impact on behavior.

Parry also recognized the need for community protection, stating, “Everyone in this community deserves the protection of the law, not just the person seeking a discharge so they won’t be deported.” He advised the man to make positive choices regarding his future, warning that any continued alcohol abuse could lead him back to court.

As part of his sentence, the man has been placed on probation for 18 months. He is required to submit a DNA sample for the national database, attend counseling, and is prohibited from possessing weapons. Wingate expressed optimism that the man intends to remain sober and make constructive life choices moving forward.

The case underscores the challenges faced by refugees in navigating life in a new country while dealing with past trauma.