Whig Standard Staff Writer
May 12, 2001
"If her case doesn't put the system at risk or set a precedent, why not?" said Inky Mark, Alliance immigration critic, in an interview this week. His statements are indicative of the support Lu's case is gathering across the political spectrum.
The Alliance position is that immigrants who commit serious crimes should be deported. Lu pleaded guilty to the 1985 bludgeoning death of her first husband, though she claims she didn't do it.
"There appears to be reasonable evidence she didn't commit the crime," Mark said.
If there is no new evidence found and no other recourse, she should be allowed to remain in Canada."
Immigration is determined to deport Lu because of her guilty plea. After more than 10 years of unsuccessful appeals, Immigration officials have suggested Lu launch an appeal on humanitarian grounds. A favourable ruling might mean that the minister, Elinor Caplan, would grant the ministerial permit Lu needs to stay in Canada.
But a humanitarian appeal is costly and would keep Lu in Calvary Bible Church, where she has sought sanctuary, for at least another year. The outcome of the appeal is not guaranteed and at the end of the day, Lu would still need the minister's permit that Caplan will not grant her now, her lawyers say.
Without unequivocal evidence that Lu committed a crime, the government is wrong to make Lu suffer in the church any longer, Mark said.
"It's absolutely irrational," he said. "It's like a game they're playing with someone's life."
The minister should consider other factors, like Lu's marriage to a Canadian citizen and the community support demonstrated for her through 1,000 letters and a 6,000-name petition, Mark said.
"Surely that should carry some weight," he said.
"Maybe the community should show no confidence in the minister."
It isn't certain if, under United Nations agreements, Lu can be deported to China given that their Criminal Code allows for her to be re-tried--and possibly executed--for a crime she has already served time for, he added.
Mark is critical of the minister's refusal to respond to the wishes of the community and says Lu's only recourse is the extended humanitarian appeal.
Alliance support is not surprising, said Kingston and The Islands MPP John Gerretsen.
"I don't think it is a partisan issue," Gerretsen said this week. "It's a humanitarian issue as far as I'm concerned."
The Kingston and the Islands MPP has joined the 7,000 people--including Mark--who have called on the minister to show compassion for Lu.
"Everybody I've been in contact with speaks highly of this individual," Gerretsen said.
"From a strictly humanitarian viewpoint...whatever this woman did, she served her time and she has been a model citizen in this community."
Gerretsen says the letters and petitions "would certainly be enough to persuade an individual" of public support for Lu.
"When a minister gets 1,000 letters, they know what's going on," he said.
It appears Caplan is trying to find a solution by sending Lu through the humanitarian-appeal route, but Gerretsen doesn't condone any action that would keep Lu in the church.
"I'd like to see it stopped as quickly as possible," he said. "The quicker this comes to an end, the better. I don't think any of this is doing anybody any good."
Caplan's refusal to act on Lu's dilemma in the face of public outcry is probably because she doesn't want to set a precedent, Gerretsen said.
Mark says he doesn't think a show of compassion for Lu would threaten the immigration system. He says Caplan's refusal to grant a permit is puzzling.
"It's the riding of the [Commons] Speaker. Kingston is a stronghold of the Liberal party," Mark said. "To do this to an opposition colleague might be acceptable, but to do this to one's own colleague....is not."
Some city politicians are also looking to turn up the heat on Caplan.
Councillor Steve Garrison will ask for a council motion urging the minister to pay attention to the petitions and letters she has received.
"Council's hands are tied in that [immigration matters] are outside our jurisdiction, but I think the fact that this is a community issue supercedes the jurisdiction issue," Garrison said.
Some 2,000 Kingston residents have signed petitions in support of Lu, he said.