An Ethiopian immigrant who brandished a loaded handgun during a road rage altercation in Calgary's Mission district has been sentenced to three years in prison. However, a judge ruled that the individual, Thomas Kahsay Berhe, will not face immediate deportation because Ethiopia is currently designated as a country where removal orders are stayed due to ongoing violence and instability.
Incident Details
The confrontation occurred on June 9, 2023, around 5:15 p.m., sparked by what the court described as a minor traffic infraction. Berhe, then 27, engaged in an argument with another driver near downtown Calgary. The other driver attempted to de-escalate by pulling into a pub parking lot two blocks away. Berhe followed, approaching the passenger side of the truck with a loaded Glock 19 9mm pistol concealed in his jacket pocket.
When the driver asked if Berhe wanted to fight, Berhe responded that he intended to shoot him. A physical struggle ensued, during which the gun fell to the ground. Berhe retrieved it and attempted to point it at the driver, striking him on the head with the weapon. The gun was knocked away again, and bystanders eventually separated the two men. Berhe fled the scene in a white Hyundai with a female companion.
Legal Proceedings
Police identified Berhe through surveillance footage and arrested him 11 days later. During the arrest, he was a passenger in a car containing a loaded .38 caliber revolver. He was charged with possession of a loaded firearm, pointing a firearm, uttering threats, and possession of a firearm knowing its possession was unauthorized.
At sentencing, the Crown sought three years of imprisonment, while the defense argued for a conditional sentence of two years less a day, followed by probation. Defense counsel hoped to avoid a sentence exceeding six months, which would trigger an automatic removal order under immigration law.
Judge's Ruling
Justice A.J. Brown of the Alberta Court of Justice imposed a three-year sentence, noting that any term longer than six months makes Berhe subject to automatic removal. However, the judge highlighted that Immigration, Refugees and Citizenship Canada stays removal orders for countries experiencing war, violence, or terrorism. Ethiopia currently meets these criteria, effectively preventing Berhe's deportation.
Justice Brown stated, 'Immigration Canada does stay removal orders to enumerated countries that are in a state of war or otherwise subject to violence, danger, terrorism, etc.; currently, Ethiopia is one such country.'
Implications
The decision underscores the intersection of criminal and immigration law in Canada. While Berhe will serve his sentence, his long-term status in Canada remains uncertain pending changes in Ethiopia's security situation. The case has drawn attention to how immigration consequences are weighed in sentencing for non-citizens.
