Non-Citizen Convicted of Manslaughter Receives Sentence on Drug and Firearm Charges
A non-citizen previously convicted of manslaughter has been sentenced after police discovered a loaded handgun, cocaine and fentanyl during a traffic stop in eastern Ontario.
David Jajua, 34, received a six-and-a-half-year sentence in the Ontario Superior Court of Justice following offences connected to a January 2024 incident in Addington Highlands, north of Napanee.
According to the court record, Jajua was a front-seat passenger in a vehicle stopped by police when officers located a loaded 9-mm handgun beneath his seat, along with approximately 80 grams of cocaine and 12 grams of fentanyl. Court materials indicated the fentanyl quantity was equivalent to roughly 120 doses.
At the time of the offences, Jajua was subject to a weapons prohibition order and was under community supervision related to earlier criminal convictions. He later pleaded guilty to four offences:
- Occupying a vehicle knowing a firearm was present
- Possession of cocaine for the purpose of trafficking
- Possession of fentanyl for the purpose of trafficking
- Possession of a firearm contrary to a prohibition order
The sentencing decision noted that Jajua had previously served a federal penitentiary sentence for manslaughter and also had prior convictions involving robbery and drug trafficking.
The court further noted that Jajua immigrated to Canada from Sierra Leone at age 13 and had lost his immigration status before sentencing on the current charges. Justice Graeme Mew stated that immigration-related barriers to lawful employment contributed to financial pressures connected to the offences, although the court ultimately placed greater weight on denunciation and deterrence when determining sentence.
The case has also raised broader questions regarding the removal process for non-citizens convicted of serious criminal offences in Canada.
Toronto immigration lawyer Sergio Karas, who was not involved in the matter and commented generally on immigration enforcement procedures, explained that the Canada Border Services Agency (CBSA) may prepare a Section 44 report after a permanent resident or foreign national is convicted of certain criminal offences. The report can lead to admissibility hearings and potential removal proceedings under the Immigration and Refugee Protection Act.
Karas noted that custodial sentences of six months or longer can significantly limit appeal rights before the Immigration Appeal Division. In cases involving lengthy penitentiary sentences, individuals may instead seek relief through humanitarian and compassionate applications.
The CBSA stated that foreign nationals found inadmissible for criminality cannot generally be removed from Canada until they have completed their custodial sentence. The agency also indicated that removal arrangements often begin while individuals remain incarcerated so enforcement may proceed once the sentence has been served.
According to the CBSA, delays in removals can occur for several reasons, including the inability to secure travel documents or a foreign government’s refusal to accept the individual’s return.
Immigration, Refugees and Citizenship Canada (IRCC) declined to comment on the specific case without consent from the individual involved but stated generally that individuals found inadmissible may lose temporary or permanent status and may ultimately face removal from Canada.
The sentencing decision did not specify whether Jajua originally entered Canada as a refugee claimant or through another immigration process. Legal observers note that refugee protections and humanitarian considerations can affect the timing and outcome of removal proceedings in some cases.
