Last year, Zain Haq, a BC climate activist who has spent years living in Vancouver and Victoria with his wife Sophia Pap, was nearly deported to his birthplace in Pakistan. 

His legal team argued that his deportation was retribution for his peaceful climate activism—if deported, his supporters said he would be the first person to be forced from Canada for environmental activism. 

But, at the eleventh hour, Canadian Immigration Minister Marc Miller intervened—two days before his April 22 deportation date—granting Haq a temporary resident permit while processing continued on his spousal sponsorship request. Haq and Pap were relieved when they found out they wouldn’t be forced to live across the world from one another. 

But this month, they learned they’re not out of the woods yet and in four days, Haq is once again set to be deported.

Lost paperwork could tear Haq from his life in Vancouver

Haq’s temporary resident permit (TRP) was meant to last six months while his spousal sponsorship with his Canadian wife was processed. It’s typical for a TRP to expire while another permanent residency application is processed, and Haq made sure to apply for a new TRP in October, unsure if his spousal sponsorship—which has been processing with Immigration, Refugee and Citizenship Canada (IRCC) for 20 months—would be approved before expiration.

Despite sending the application for a new TRP through an expedited FedEx shipment—a shipment he has receipts for, including sending and its reception at the IRCC's mailing address—the department claims his forms were never received. Haq and Pap say the department has lost their application.

Pap told Capital Daily it was a "colossal bureaucratic mess-up,” that has caused immense stress for her and Haq. 

“IRCC had received it in their processing office in Edmonton, and from there, they apparently can't find it,” said Pap. “We are essentially running around like chickens with our heads cut off, clanging the warning bell that Zain is being deported actively, all for this really silly mistake that is wasting all of our time, government money and people's money, so it's really frustrating.”

Haq said in a statement that the thought of being separated from his wife was “devastating.”

“Deportation means being permanently removed from a country I call home, and a place I’ve lived in my entire adult life,” Haq said. “It also means that many in my generation will be further disillusioned with the possibility of having their voices heard in Canada.

Spousal sponsorships typically take fewer than 12 months to process, though waits of up to 24 months aren’t uncommon. Backlog within the department has pushed processing to the longer end of the timeframe—a problem that could become worse as the IRCC expects to cut 3K+ jobs this year. It’s likely that Haq’s request for spousal sponsorship will be approved—IRCC confirmed with the couple that it’s in its final stages—but if he’s deported before the processing is complete, the application will be cancelled and he and Pap will have to reapply, potentially leaving Pap waiting another two years with her husband out of the country.

With the IRCC purportedly losing his paperwork, an administrative mistake could be the reason Haq is forced from his home in BC.

Murky reasons for deportation 

When Haq was first threatened with deportation, it was under the guise of him not completing his schooling with SFU, affecting his student visa status. The CBSA argued he wasn’t in good standing with the school, leading to their first deportation order.

But at his hearing, Haq’s lawyers found that the CBSA focused primarily on his activism work. He had been arrested while taking part in peaceful blockades in Vancouver, but had not been charged yet, making him still admissible to Canada. 

The CBSA denies that his involvement with environmental activism was the reason for his deportation order, telling Capital Daily in an email that “being engaged in lawful protest activities would not, in and of itself, render an individual inadmissible to Canada.”

SFU has since told Haq that he was on track to complete his studies and provided an additional letter saying he’s permanently eligible to return to the school without reapplying. Haq told Capital Daily if issues around his studies are the real reason for his inadmissibility in Canada he shouldn’t be kicked out of the country, given his good standing with the school.

Haq eventually pleaded guilty to five counts of mischief and one count of breaching an undertaking at blockades in Vancouver, serving a week in jail, two months of house arrest, and a year and a half of parole.

Haq has since completed his parole and there are no outstanding charges against him.

“Zain Haq is not a violent criminal, and his mischievous convictions do not meet the legal threshold for serious criminality,” said Haq’s lawyer, Randall Cohn. “Even the CBSA officer who is charged with enforcing his removal has explicitly acknowledged that he poses no threat to public safety.”

MPs speak out in support of Haq

At a news conference yesterday, Saanich-Gulf Islands MP Elizabeth May slammed the IRCC’s paperwork failures. Speaking the same morning as US President Donald Trump’s second inauguration, she argued Canada must prove its commitment to “due process.” 

“On a day that reminds us of the fragility of democracy, Canada must not undermine its values of justice and the rule of law,” May said. 

Jenny Kwan, the MP for Haq and Pap’s East Vancouver riding, has also written a letter of support for him. 

Pap said she hopes Miller will step in again to stop his deportation and she wonders whether  the minister isn’t allowed to interfere until “the last second.”

“We've sent [Miller] quite a few letters, and lots of our supporters have sent his office letters, so I hope that they're aware,” said Pap.

May said she hopes Miller will act soon to stop Haq’s deportation.

“Minister Miller has shown leadership and integrity before, and I am confident he can do so again to prevent an unjust outcome,” May said. “This is not just about Zain—it’s about ensuring that Canada upholds its values of democracy and justice.”