
Alberta judge grants bail for man convicted of 1987 murder after new trial ordered
EDMONTON – Decades after Roy Allan Sobotiak was sentenced to life for the killing of an Edmonton woman, the 61-year-old is set to walk out of prison.
Alberta Court of King's Bench Justice Eric Macklin granted bail Friday to Sobotiak, who was convicted in 1991 for the murder of Susan Kaminsky. His conviction was quashed in February and a new trial was ordered.
Macklin told court that Sobotiak is considered legally innocent and must be granted release.
Lawyer James Lockyer said his client was to be released later in the day.
'Thirty-six years is a very long time for someone to be in jail,' said Lockyer, who has worked on the case with Innocence Canada.
'It's a good day for him, it's a good day for justice. But he's going to find it difficult getting back into a world he doesn't know.
'I think he'll find a lot of things in the world quite frightening, but he's going to have good support as soon as he gets out and thereafter. So I'm confident he'll manage.'
Sobotiak was 26 when he was charged with first-degree murder in the 1987 killing of Kaminsky. The 34-year-old mother, whose body was never found, disappeared after a night out with friends at a north end pub. She was last seen with Sobotiak.
The trial heard Sobotiak told an undercover officer that he tortured, sexually assaulted, killed and dismembered Kaminsky before disposing of her body in the garbage.
Sobotiak was convicted of second-degree murder. A conviction appeal was dismissed in 1994 and leave to appeal to Canada's top court was denied in 2004.
He had been serving his sentence at a federal penitentiary in Alberta.
Crown prosecutors agreed to Sobotiak's bail but said he should be kept under house arrest. Lockyer suggested a curfew.
Innocence Canada, a non-profit that advocates against wrongful convictions, said Sobotiak has always insisted on his innocence.
Lockyer said his client is the longest-serving wrongly convicted person in Canadian history, behind David Milgaard and Romeo Phillion.
In February, former federal justice minister Arif Virani quashed Sobotiak's conviction and ordered a new trial, saying a miscarriage of justice 'likely occurred.'
Months later, lawyers for Alberta Justice Minister Mickey Amery filed a judicial review, arguing in court documents that Virani provided no reasoning why a new trial was warranted.
Lockyer said he finds it surprising Alberta requested a review and Innocence Canada will be supporting Sobotiak and the federal government.
'We think it's unlikely to be successful, but that's not going to be our decision,' he said.
Heather Jenkins, press secretary for Amery's office, said in an email Friday the ministry is unable to comment as the matter is before the courts. No date has been set for a new trial.
Sobotiak is to live in Fort McMurray and must abide by conditions, including a curfew, a travel restriction and electronic monitoring for three months.
This report by The Canadian Press was first published May 23, 2025.

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Canada Standard
5 hours ago
- Canada Standard
"Khalistanis surrounded me, threatened violence," says Canadian journo who was assualted
Vancouver [Canada], June 8 (ANI): Canadian Investigative Journalist Mocha Bezirgan, who was physically assaulted by multiple Khalistanis in Canada on Sunday, said that an assailant was also a stalker, who had been tailing him for over a year. Bezirgan, in a conversation with ANI, said that the said Khalistani stalker doxed his movements and assaulted him in front of the police. 'Well, I'm still in Vancouver and it just happened two hours ago, not too long ago, and I'm still shaking because I was surrounded by multiple Khalistanis who acted like thugs. They surrounded me, threatened violence and they got physical with me. They grabbed my phone out of my hand in front of police, by the way,' he said. Bezirgan said that the stalker harassed him for a long time using dehumanizing language against him. 'This has been very stressful for me because this was done by an individual who has been harassing me for a very long time online using dehumanizing language against me, doxing my whereabouts,' he said. Bezirgan told ANI that he had been covering Khalistani protests and being an independent journalist, his works irk them. He added that they try to bribe him, and if that doesn't work, they threaten violence. 'I've been covering the Khalistani protests in Canada, US, UK, New Zealand. Since last year, I've been to about 30 of their events. And my only goal is to do independent journalism and record and report what's going on. And because I'm editorially independent, this frustrates some people. They want to influence me. They want to buy me. If they can't buy it, they want to threaten violence towards me. That's what this individual did,' he said. Bezirgan added that this Khalistani stalker of his is a UK citizen who is threatening him- a Canadian citizen for simply doing his job. 'He's not even a Canadian citizen. He is from the UK. He is in Canada, threatening me, a Canadian citizen trying to do his job. And yeah, I was just there reporting on the event,' he said. He said that he was reporting an event which was honouring their so-called martyrs- killers of former Prime Minister Indira Gandhi and minor suicide bombers. 'Khalistanis gathered to honor their so-called martyrs, including the assassins of Indira Gandhi and suicide bombers, child suicide bombers. And I was reporting on that. This was a public event in a public location. And I was within my rights to do what I was doing,' he said. He further recounted the chilling details where he was verbally threatened first and then was assaulted. 'But there was this one individual who was not even a Canadian citizen. He came up to me and started asking me questions. He was very close to my face. And I said, listen, if you want to have a conversation, sure, let's talk, but you need to keep your distance. And he would keep saying, let's go around the corner. Let's go around the corner. I'll show you around the corner if you're not scared. And I told him, yeah, I'm not scared, but let's speak here,' he said. 'If you want to say something, because I'm an independent journalist, I have to be accountable. I accept challenges and I'm okay with conversations, but this individual, this was not a conversation,' he added. Bezirgan then said that as this assailant drew closer, more people joined him and the stalker kept throwing questions at him. 'He keeps coming at my face, very close proximity. I'm stepping one step back, he's stepping forward. I'm telling him to keep his distance. He's not keeping his distance. He's asking loaded questions and won't even allow me to answer. Interrupting, advancing towards me, keeping his finger and hands towards my face. This is becoming very threatening. And then all of a sudden I had two, three people surrounding me with the same physical closeness. I have nowhere to go,' he said. 'And they're saying, so you're talking, you're talking about Sikhs, huh?' he added. Bezirgan said that as he started recording the incident, the other assailants hid their faces out of fear and walked away. But there was one Khalistani who kept asking him questions. He even grabbed his phone and stopped the recording and assaulted him despite police's warning. 'At that moment, I was recording secretly from my main camera because I felt that something physical is about to happen. I was recording, but to get a better view, I started recording from my phone as well. As soon as I started recording, they turned their faces away. They are scared. But this one individual, he keeps walking towards me. I walk away, he keeps walking. And then eventually he grabbed my phone out of my hand for a moment. It stopped my recording. And when I turned back on, the police was engaging with him and telling him to stop his harassing behavior,' he said. The journalist revealed that the police exercise restraint in addressing such issues. 'Canadian police are very conservative when it comes to laying charges or making arrests. They exercise a high degree of restraint, which I do not like because that type of behavior where he's reaching for my phone, grabbing my phone, having physical contact, harassing me. And I have filed police reports about this individual about this specific individual before, for his harassment,' he said. Bezirgan expressed his disappointment at the Canadian police and called for the deportation of the assailant. 'And, you know, him being allowed to walk free is a big disappointment. I think he should be deported back to UK. He's a foreign national. He's not a citizen of Canada. What is he doing interfering with my job, interfering with the journalism of a Canadian citizen? This is unacceptable. He should be deported,' he said. Bezirgan further recounted with chills how he was stalked even after police warning. 'His harassment continued even after police warned him. And I have more footage I'm about to upload on my channel. He continued following me throughout the parade. I'm stopping, he stops. I keep walking, he keeps walking. I distance myself and then I just turn around, he's standing right behind me. I go walk across the street. He comes near standing,' he said. He added that he called the police after this Khalistani person kept stalking him even outside the premises of the event. He added that he had filed multiple complaints of this person before with the police. 'I get away from the event. He's getting away from the events with me. And then eventually I had to call 911 and be like, Hey, this behavior is continuing and officers on the ground may not be aware, but I have filed police reports about this guy before. So please let them know. And officers came and they took notes for the police report further. And then they escorted me to safety. On top of a bicycle, he followed me to the train station, and that's how I departed from the area,' he said. He added that the assailants are trying to portray him as a weakling who is running away from questions. He refuted the claims and said that this is not how someone asks questions, this was threatening. 'But, now on online platforms, they are trying to frame it as, Mocha is afraid of conversation or they are always resorting to disinformation and they are trying to portray me as someone who's afraid to have conversation when I'm being assaulted, I'm being threatened, I'm being surrounded. My phone is being grabbed from my hand,' he said. 'That's not how you have a conversation. You don't go up to someone's face and don't give them any space and you keep talking and not letting them, that's not conversation. Very uncivilized and yeah, it's been, it's quite shaken me because I felt my safety was threatened,' he added. In a post on X, he said, 'I've been surrounded by a group of Khalistanis who grabbed my phone out of my hand and threatened me. Naturally I'm a bit shaken, but not deterred. Footage coming.' (ANI)


Canada Standard
11 hours ago
- Canada Standard
"Canadian politicians must distance themselves from extremists": Journalist Mocha Bezirgan alleges assault by Khalistanis at Vancouver rally
Vancouver [Canada], June 8 (ANI): An independant Canadian investigative journalist on Sunday alleged that he was physically assaulted and 'threatened' by a group of Khalistan supporters and had his phone snatched while reporting their rally in Vancouver. The journalist, Mocha Bezirgan, who posted his ordeal on social media platform X said that the Khalistani extremist movement in Canada has raised serious security concerns and strained ties between India and Canada. 'It just happened two hours ago and I'm still shaking,' Bezirgan told ANI in a phone interview. 'They acted like thugs - crowding in on me, grabbing my phone, trying to stop me recording.' The incident occurred while Bezirgan was in Vancouver city to cover a rally organised by Khalistan supporters. The Canadian journalist described the attack as 'thuggery' and said he was targeted for his editorial independence and past coverage of Khalistan-related protests. Earlier he took to X to post, 'I've been surrounded by a group of Khalistanis who grabbed my phone out of my hand and threatened me. Naturally I'm a bit shaken, but not deterred.' Bezirgan further said that the pro-Khalistan movement has led to acts of vandalism, intimidation, and violent rhetoric, despite not being widespread within the Sikh community. On being asked about Khalistani extremism, the Canadian investigative journalist said, 'This is a movement headed by Sikhs for Justice (SFJ). They are the ones organising it, and most of the time, it's the same people attending these protests, whether it be in Ontario, British Columbia, US, UK, New Zealand. They mobilise people to come from local Gurudwaras to create a little bit of crowd, but there are bigger political organizations like the World Sikh Organization which is based in Canada and they are they have a troubled history and they do the political cover in Canada. He highlighted that larger political organizations such as the World Sikh Organization, based in Canada, provide political cover for the movement. 'Their executives include current and former MPs and ministers, who have spread influence across Canadian institutions,' said the Canadian journalist. Bezirgan also expressed concern over the reluctance of Canadian politicians to condemn these extremist groups. 'Conservative leader Pierre Poilievre, the NDP, and some Liberal MPs recently attended a Nagar Kirtan in Surrey, BC, which had significant Khalistani influence. They shared the stage with Santokh Singh Kelha, a convicted Sikh Canadian who conspired to bomb an airplane,' Bezirgan said. Bezirgan condemned the glorification of violence by these groups, who the journalist said speak openly about plans to ambush and kill India's current Prime Minister Narendra Modi. '...Because of the tensions between Canada and India, it's a very highly political subject, but I feel like we are disregarding what's happening underground. What these people are saying, how they are exercising their free speech while they are celebrating the assassins of Indira Gandhi and saying that they are going to ambush and kill India's Prime Minister, Modi's politics at the G7. I asked them Are you going to kill his politics the same way you killed Indira Gandhi's politics? Because they refer to the assassins as their forefathers. They say we are the descendants of the killers of Indira Gandhi, and they are glorifying these acts of violence...' 'It is disturbing that Canadian politicians continue to associate with such extremists, despite their violent history and inflammatory rhetoric,' Bezirgan said. He warned that lack of media coverage and public awareness in Canada allows such events and political participation to go unchecked. Bezirgan called for greater accountability and awareness to prevent normalization of extremism. 'As a citizen, I expect my representatives to distance themselves from extremists and those with violent pasts.' The investigative journalist emphasized that ignoring these issues would embolden extremist groups and escalate tensions between India and Canada. 'Today's thuggery I was subjected to was not the first time,' said the journalist who posted visuals on his social media platform X about an event from March 2024 when 'Khalistan supporters, armed with daggers, swords, and spears, gathered in Edmonton, Alberta to protest against India's high commissioner to Canada.' Meanwhile, Prime Minister Narendra Modi confirmed on June 6 that he will represent India at the upcoming G-7 summit in Canada next week, after he was invited by Canadian Prime Minister Mark Carney during a telephone call. (ANI)
Montreal Gazette
13 hours ago
- Montreal Gazette
‘Complicit with a totalitarian regime': Canada's border rules are landing asylum seekers in ICE detention
News By Canadian authorities have returned more than 1,600 asylum seekers to the United States in 2025 without hearing their case for refugee protection, according to the Canada Border Services Agency (CBSA). Many have landed in U.S. Immigration and Customs Enforcement (ICE) custody. The removals are a product of the longstanding Safe Third Country Agreement, which requires anyone seeking refugee protection in Canada or the U.S. to claim asylum in the first of the two countries they reach. This means many asylum seekers who attempt to enter Canada through the U.S. are turned back at the border. The agreement is based on the assumption both the U.S. and Canada have sufficiently robust refugee protection systems. But with the U.S. asylum system now suspended and amid reports of refugee claimants facing deportation without so much as an interview, Canadian advocates say the U.S. is no longer safe for those fleeing persecution. Canadian authorities must stop the removals, they say, and allow refugee claimants to plead their cases on this side of the border. CBSA data shared with The Gazette show authorities sent a total of 1,624 asylum seekers back to the U.S. between Jan. 1 and June 2, 2025. Though the deportation data isn't broken down by location, just over 40 per cent of all asylum seekers in 2025 — deported or not — made their claims at the St-Bernard-de-Lacolle crossing, south of Montreal, CBSA data shows. Unless they have legal status in the U.S., all asylum seekers returned from Canada are transferred into ICE custody, a U.S. Customs and Border Patrol spokesperson confirmed in an emailed statement. Canadian authorities 'are complicit with an increasingly totalitarian regime,' said Wendy Ayotte, a member of Bridges Not Borders, a grassroots organization of people living near the now shuttered Roxham Road crossing. Ayotte called Canadian authorities 'cruel' for sending asylum seekers into the hands of the same immigration authorities who deported more than 100 Venezuelan men to a high-security El Salvador prison and reportedly removed U.S. citizens from their own country. Her organization maintains a web page with information for asylum seekers planning to cross into Canada, which Ayotte said sees a steady flow of web traffic. 'A lot of people are totally ignorant' of the Safe Third Country Agreement, Ayotte said, including of how to assert exemptions that allow certain groups of people to claim asylum when crossing from the U.S. One exemption is for those with family members in Canada. But some asylum seekers with legitimate connections are struggling to prove it, according to Jenn McIntyre, coordinator of the Canada-U.S. Border Rights Clinic, which provides legal assistance to migrants seeking protection in Canada. 'We do see people who approach the border and should be found eligible under the Safe Third Country Agreement because they have family members in Canada, but they don't necessarily have all of the information' needed to assert their eligibility, she said. 'They don't always have all the correct documentation on hand. 'And so we do see people turned back from the border even though they have families in Canada. The consequences of getting turned back are very severe.' Most people are being detained upon return to the U.S., she said, which could eventually see them deported to the very country they fled. 'When a person makes a claim for refugee protection at a port of entry, a CBSA border service officer will determine if, on a balance of probabilities, evidence shows that the refugee claimant is subject to the Safe Third Country Agreement,' CBSA spokesperson Rebecca Purdy said in an email. The onus to prove the right to seek protection is on the asylum seeker, Purdy said. But that isn't always easy for someone fleeing persecution, according to Ayotte. 'Imagine someone without any prior preparation or knowledge presenting themselves at the border and, all of a sudden, they're going through an interview. But they don't understand the purpose of the interview,' she said. Some of those seeking asylum at the border are Haitian, said Abdulla Daoud, executive director of the Refugee Centre in Montreal. In February, U.S. President Donald Trump removed deportation protections for Haitians facing continuing gang violence that has seen more than a million people in the country become homeless. Many Haitians have family in Canada, Daoud said, making them eligible to claim asylum. Daoud said he, too, had heard of people turned away despite a family connection. Others are truly ineligible, he said, but have come to the border without understanding the rules. 'They are typically the most vulnerable of the vulnerable,' he said. By turning them away, Canadian officials 'are doing ICE's job for them.' Most people claiming asylum in Canada have a legitimate fear of persecution or even death, Daoud said. In 2024, nearly 80 per cent of asylum seekers who made their case to an immigration judge were granted refugee status (excluding claims that were withdrawn or abandoned). Daoud said this proves most claims are legitimate. If eight out of 10 asylum seekers have a legitimate claim and those returned to the U.S. are facing increasing odds of deportation 'what is the statistical probability that we're sending people to their death?' The contested agreement has been challenged in the courts. In 2023, the Supreme Court of Canada upheld it, but sent a question over its constitutionality back to a lower court. Though especially concerning now, the Safe Third Country Agreement, first signed in 2002, has never been acceptable, said Adam Sadinsky, advocacy co-chair at the Canadian Association of Refugee Lawyers, which is participating in the continuing legal challenge. 'The way that refugees and asylum seekers are treated in the United States has always been problematic,' Sadinsky said. But he said the system has only become worse under Trump. 'What's clear in the United States now is that the asylum process is not being respected,' Sadinsky said. In an emailed statement, Immigration, Refugees and Citizenship Canada spokesperson Julie Lafortune said the U.S. 'continues to meet the criteria ... to be a designated safe third country.' She said Ottawa continues to monitor developments in the U.S. to 'ensure that the conditions that led to the designation as a safe third country continue to be met.' Immigration Minister Lena Metlege Diab's office declined The Gazette's request for an interview. The Liberal government has since tabled Bill C-2, which, among other measures, would further restrict migrants' ability to claim asylum.