A Congolese student’s immigration status is in jeopardy as he awaits sentencing for repeatedly failing to self-isolate while he was positive for COVID-19.
Javan Mizero Nsangira, 22, appeared before Chief Justice Tracey Clements in P.E.I. Supreme Court in Charlottetown Tuesday after previously pleading guilty to two counts of committing a common nuisance by endangering the public.
During the proceedings, defence lawyer Derek Bondt recommended a conditional discharge for Nsangira, which would leave him without a criminal record if he follows all the conditions the court imposes.
Nsangira is in P.E.I. on a student visa, and Bondt said a conviction would be detrimental to his immigration status.
Bondt also said Nsangira spent time in jail, his name was in the media, he lost friends, comments were made about him on social media and there was a public outcry after his arrest.
“The outcome of what happened to him already was denunciation and deterrence enough,” Bondt said.
Rare case
• Crown attorney John Diamond said in his submissions in P.E.I. Supreme Court that it was hard to find cases with similar circumstances as those before the court.
• There were no cases from during the pandemic, Diamond said.
• Defence lawyer Derek Bondt said he searched for similar case law for his submissions.
• “It just doesn’t exist,” Bondt said.
An agreed statement of facts previously presented to the court said Nsangira tested positive for COVID-19 in July and he violated a self-isolation directive three times.
The police arrested Nsangira once in Charlottetown after responding to a 911 call and a report from his girlfriend that he was trying to hurt her.
He was later housed at Rodd Brudenell River Resort where he left his room and wandered the grounds while other people were around.
The RCMP arrested Nsangira, and he spent 54 days in custody before his release.
Prior to his arrest, three people who were close contacts with Nsangira tested positive for COVID-19 after he went to Nova Scotia to pick up a student who was then turned away at the border.
Bondt told the court Nsangira had mental health issues and was having an “episode” when he failed to self-isolate.
“He recognizes what happened should not have happened,” Bondt said.
Bondt also said public confidence in the justice system wouldn’t be shaken by a conditional discharge.
“There has been exposure. There has been public shaming.”
In his submissions, Bondt said Nsangira told a public health nurse at the resort that depression would kill him before COVID-19 did.
The court heard differing opinions from mental-health professionals about Nsangira’s state at the time of the offences.
A nurse practitioner at the jail also noted Nsangira denied having thoughts of suicide.
Crown attorney John Diamond said the evidence before the court didn’t support the idea that Nsangira was suicidal.
Diamond told the court he opposed a conditional discharge and said it would be contrary to the public interest.
One of the strongest deterrents for anyone who doesn’t have a criminal record is getting a record, Diamond said.
He also said there have been more than 700,000 cases and about 18,000 deaths from COVID-19 in Canada since the pandemic began.
“This is certainly a serious crime,” Diamond said.
In his sentence recommendation, Diamond said he wasn’t looking for more time in custody and he suggested a period of probation in the 18- to-24-month range with several conditions.
Those conditions include performing 100 hours of community service, writing apology letters and paying restitution for extra cleaning the police had to do after their interactions with him.
After the lawyers on both sides finished their submissions, Nsangira stood and addressed the court, apologizing to the Crown and the people of P.E.I. for what happened.
“I was going through a mental-health crisis,” he said.
Nsangira said stress led to him making the “reckless” decision not to self-isolate.
He will continue to get the help he needs, and it will never happen again, Nsangira said.
Clements adjourned the matter until March 9 to deliver her sentence, but she also said she may exercise her discretion and call witnesses prior to sentencing Nsangira.
Seek help:
If you are experiencing a mental health crisis, seek help immediately by either calling 911, going to an emergency department or by calling the Island Helpline at 1-800-218-2885.
