A judge will decide today (April 16) whether Zain Haq, co-founder of the BC climate group Save Old Growth, will be deported from Canada. Haq has spent the last five years living in both Vancouver and Victoria with his wife Sophia Papp—a life he may soon have to leave behind.

Haq’s legal team says there’s reason to believe the real reason for his deportation is tied to his climate activism. If it’s decided today that he’s inadmissible to Canada, he would be the first person in North America to be deported for involvement in environmental activism.

‍His new life in Canada is at risk

Haq wasn’t always planning to stay in Canada long term. He came to BC in 2019 to study history at Simon Fraser University (SFU), planning to eventually return home after graduating. But that all changed when he began dating Papp. The two met on a Zoom call for Save Old Growth, with Papp interested in joining the cause Haq helped start. After years of friendship, they began a romantic relationship that has upped the stakes of Haq’s deportation case.

Papp was born and raised in Victoria, with her entire family living in BC. For her, Victoria and the surrounding area are home. 

“I think getting married and like, you know, sort of establishing a family in Canada changes my relationship to wanting to be here for the long run,” Haq told Capital Daily.

Haq’s activism began before he came to BC

Growing up in Karachi, Pakistan, he witnessed a devastating climate disaster in his province in 2013, with severe flooding displacing millions of people. Later, a famine would ravage the area, with hundreds of children dying each month. He got involved with disaster relief efforts, raising funds to help buy food for the affected.

He said he felt Canada had more influence to make change on a global scale, so when he moved to Vancouver, he became involved with different climate groups.

Along with friends from university, he founded Save Old Growth, a campaign calling on the province to end old growth logging. He was also involved in activism with the groups Extinction Rebellion and Stop Fracking Around.

He was arrested at multiple non-violent road blockades in Vancouver, along with other protestors. Papp says Haq’s legal battle highlights the disparity in how Canadian citizens and immigrants are treated.

“I was actually arrested four times with Save Old Growth,” said Papp. “I don't think Zain was arrested at all with Save Old Growth. And yet, I got off with a slap on the wrist, a completely cleared record, and a $250 fine.”

“To see how another person is treated, and have that person be, you know, my husband is a whole other level of intimacy and knowledge of how people are treated differently just because of where they come from.” 

‍Unclear reason for deportation

Haq pleaded guilty to five counts of mischief and one count of breaching an undertaking at blockades in Vancouver. He was sentenced to seven days in jail and two months of house arrest last year, followed by a year and a half probation and a $700 fine. Despite being detained for two weeks before this decision, Haq did not receive time served—an unusual case for someone not previously convicted of a crime.

According to Haq, his conviction happened after Canada’s Border Security Agency (CBSA) began work to remove him over his standing at school. Without a conviction to point to, the border agency had to zero in on his academic standing, he said. 

CBSA arrested and detained him over allegations that he was not on track to complete his studies at SFU, which would compromise his study visa. But at the detention review, where CBSA was seeking to hold him indefinitely, Haq said all the arguments for his deportation centred on his political work. “It wasn’t about the study permit,” Haq said.

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.”

“The decision to remove someone from Canada is not taken lightly,” said a representative from CBSA. “All individuals who are subject to removal have access to due process and procedural fairness.”

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 said 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.

During all this, Haq and Papp decided to get married in the hopes that it would secure permanent residency for Haq. A year has passed since applying for spousal support and their case is still pending.

Last Thursday, Haq’s lawyer Randall Cohn submitted a request to delay the decision to allow for the completion of Haq’s permanent residency application. If he’s deported before this, the spousal support application will be cancelled, forcing him to reapply from Pakistan. If that happens, he could wait more than a year for an answer.

Papp said she is seriously considering relocating with him if the worst case happens, but it’s hardly an ideal scenario. Not only will she be leaving her home and family behind, but she says she’s also dealing with serious medical issues that further complicate things.

“It's sort of this daunting choice, either way,” said Papp. “Either I leave my home and my family, you know, my immediate family. Or I follow my life partner, who I can't really see living a full life without. Either way, it's kind of heartbreaking.” 

‍‘Cautiously optimistic’

Hope is not entirely lost if the case is not dismissed today, the couple said. They’ll turn their focus to federal Immigration Minister Marc Miller in the hopes he’ll use his discretion to prevent Haq’s deportation. They have a small window to work with—Haq must leave Canada by this Sunday, according to the deportation order. He currently has a flight booked to Pakistan on Saturday. But the couple say they’re feeling “cautiously optimistic” about today’s hearing. 

“It's not over until it is really over,” said Papp.

Haq says he’s on Miller’s radar and has also received messages of support from several MPs. 

“Canada's values, I believe, are aligned with keeping families together, and those values should be reflected by decision-makers, in my opinion,” Haq said.  

“I think this is a test for whether or not the Canadian government reflects the values of Canadian citizens.”