Man convicted of murdering Winnipeg taxi driver may face deportation, defence lawyers say

A Winnipeg man who fatally stabbed a taxi driver 17 times in what the court has described as a rage and racism fuelled attack will be handed a life sentence and may face deportation, the court heard during a sentencing hearing.

Okoth Obeing sat quietly in the prisoner's box of a Manitoba Court of King's Bench courtroom Thursday morning as more than a dozen of his friends and family watched on from the gallery. There they listened to lawyers argue over how long Obeing will remain behind bars before he has any chance of parole.

Obeing, now 23, was accused of fatally stabbing 44-year-old Balvir Toor 17 times in his cab on Burrows Avenue in the early hours of March 19, 2020. Last month, Justice Joan McKelvey found Obeing guilty of second-degree murder, and said the killing was fuelled by rage, animus, disrespect and racism.

The conviction carries a mandatory life sentence.

On Thursday, during a sentencing hearing, the Crown asked for Obeing to remain behind bars for 15 years before he becomes eligible for parole – five years longer than the minimum.

"In this case, Mr. Obeing's hatred towards individuals of South Asian descent manifested in a violent manner with devastating consequences," Crown prosecutor Monique Cam said, adding Obeing showed a lack of remorse and indifference to Toor's suffering.

Cam also pointed out four violent incidents Obeing has been involved in while incarcerated since Toor's killing.

She said in one of the incidents Obeing attacked another inmate. Following the attack, Cam said Obeing indicated he was having difficulty managing his behaviour and felt he couldn't control his anger.

Cam said this illustrates an 'ongoing risk' Obeing may present. She said the facts of the case require a sentence that reflects 'society's abhorrence and rejection' of his conduct.

FAMILY OF SLAIN TAXI DRIVER FEARED FOR THEIR SAFETY IN WINNIPEG

At one point during the hearing, Obeing, who sat quietly and showed little expression, put his head in his hands and appeared to become emotional. That was when the Crown read out a written statement on behalf of Balvir Toor's two daughters and son.

"Our father was everything to us and we were everything to him," the statement reads.

"We never got a chance to tell him what he was to us, how much we loved him. We just never thought of saying all these things to him. Maybe because we were just so happy to be around him and assumed that he knows what we feel, but we just wish that we could have got the chance to hug him tightly and let him know what he was."

In their statement, Toor's children say they are now living in what feels like a bad dream. They can't describe their mother's pain, which hasn't eased since Toor's killing – she has only learned to hide the tears.

In the statement, the family said five months after their father's death, they took his ashes to India. After returning to Canada, they moved away from Winnipeg.

"We no longer felt safe in this city," the statement reads. "What had our father done wrong? He was the nicest and kindest human being and he was brutally murdered for just trying to provide for his family. How are we supposed to feel safe in a city where a person is murdered for just working and providing for his family?"

MENTAL HEALTH ISSUES CENTRAL TO SENTENCING, DEFENCE SAYS

Defence lawyer Alex Steigerwald pointed out Obeing's mental health issues, which include bipolar disorder and an intellectual disability, impact his level of moral culpability.

"Even though Mr. Obeing's intent was fuelled by rage and animus – his mental health was at the forefront of his actions," Steigerwald said.

In her decision, Justice McKelvey said she didn't accept the argument calling for Obeing to be found not criminally responsible due to his mental illnesses. However, Steigerwald said they are still relevant and central to the sentencing.

He said Obeing will receive treatment while in prison, and is seeking the minimum 10 years of parole ineligibility. Steigerwald argued the court can have sufficient belief in the parole system to do an assessment of any future danger in 10 years.

OKOTH OBEING LIKELY TO FACE DEPORTATION, DEFENCE LAWYERS SAY

Though it does not factor into the sentencing, Steigerwald told the court Obeing will likely face deportation as a result of the conviction.

He said Obeing is a permanent resident in Canada, moving to the country as a refugee when he was a child. Obeing was born in Ethiopia and grew up in a refugee camp after his parents fled from their home country of South Sudan.

"Certainly when you are convicted of something such as murder, you are ineligible automatically to reside in Canada based on serious criminality," he said.

Steigerwald said he spoke with an immigration lawyer and was told at some point the Canada Border Services Agency will likely be making a deportation order or application and assess Obeing's case.

"There's no predication as to when those actions may happen," he said.

Steigerwald said no decisions have been made at this point as to whether Obeing will be appealing the conviction.

Justice McKelvey reserved her decision and is expected to deliver it next month.