Article by: Sarah Chapman, Calgary Herald
Published: Saturday, January 27, 2007
A convicted killer will be deported to El Salvador on Monday after his attempt at a stay of removal failed.
Nelson Guardado served a five-year sentence for manslaughter in the death of of 17-year-old Clayton McGloan in 1998.
Guardado’s brother, Roberto Guardado, was convicted of second-degree murder for stabbing McGloan at a Halloween house party.
On Friday, federal court Justice Douglas Campbell rejected a request for a stay of removal for Nelson.
Lawyer Manjit Walia had argued that if his client was deported to his native El Salvador, he would not be able to cope.
“He would be sleeping in the streets,” argued Walia in a teleconference with the judge on Friday.
He added that Nelson would “lack the ability to even communicate properly” in the country and deporting him would prevent him from making a fresh start with his common-law wife.
However, counsel for the federal Department of Justice, Camille Audain, said Walia’s argument did not address the main issue — whether Nelson is a danger to the public.
The Department of Citizenship and Immigration recently declared Guardado a danger to the public.
Justice Campbell agreed, telling Walia that whether Nelson would would suffer if deported to El Salvador was not the question that needed to be determined in a judicial review.
“You have got to show a serious argument,” Campbell said. “There’s nothing else to say other than your motion is dismissed.”
Audain said since the stay of removal was not granted, Nelson will be deported as scheduled on Monday.
Nelson and his brother arrived in Canada as refugees in 1984.
Nelson, then 15, instigated the attack on McGloan by smashing a liquor bottle on his head. Roberto, then 17, stabbed McGloan.