David Jajua, a 34-year-old non-citizen with a prior manslaughter conviction, was sentenced to six-and-a-half years in the Ontario Superior Court of Justice last month after police discovered a loaded handgun, cocaine, and fentanyl in his vehicle in January 2024.
Details of the Offence
Jajua was a front-seat passenger in a car stopped in Addington Highlands, eastern Ontario, north of Napanee. Under his seat, police found a loaded 9-mm handgun, approximately 80 grams of cocaine, and about 12 grams of fentanyl—enough for roughly 120 doses. At the time, he was under a weapons prohibition and under community supervision following his manslaughter sentence. He pleaded guilty to four counts: occupying a vehicle knowing a firearm was present, possession of cocaine for the purpose of trafficking, possession of fentanyl for the purpose of trafficking, and possession of a firearm in breach of a prohibition order.
Criminal History and Immigration Status
Jajua came to Canada from Sierra Leone at age 13. He had already been convicted of manslaughter, for which he served a federal penitentiary sentence, and also had prior convictions for robbery and drug trafficking. At the time of the 2024 offences, he had lost his immigration status. The sentencing decision did not specify whether he lost status before or after the manslaughter conviction, but Justice Graeme Mew noted the impact of Jajua's immigration status on his financial situation. “Your inability to obtain lawful employment due to your immigration status created financial pressures that contributed to your involvement in drug trafficking,” Mew wrote, while emphasizing that denunciation and deterrence remained paramount.
Why Was He Still in Canada?
The case raises the question of why a non-citizen with a serious criminal record was still in the country. Sergio Karas, a Toronto immigration lawyer and certified specialist not involved in the case, explained that the Canada Border Services Agency (CBSA) typically issues a Section 44 report after a conviction, leading to a removal hearing. “It is usually an open and shut case at that particular point because all the CBSA has to prove is that the person has been convicted of that offence,” Karas said. However, he questioned, “Why are hardened criminals being allowed to remain in Canada?”
Removal Process and Sentence Implications
The length of the sentence is critical. A custodial term of six months or more removes the right to appeal a removal order to the Immigration Appeal Division, Karas noted. At six-and-a-half years, Jajua is well past that threshold. The remaining avenue is a humanitarian and compassionate application, where the offender argues reasons to stay. Karas stressed that serious offenders should be the highest priority for removal after serving their sentences due to public safety risks.
The CBSA, in a statement, said it has a legal obligation to remove all foreign nationals found inadmissible under the Immigration and Refugee Protection Act and prioritizes cases involving security, organized crime, crimes against humanity, and criminality. The agency did not address Jajua's case directly.
