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Father of Ontario family banned indefinitely from Canada over decade-old charges

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After crossing the border without issue dozens of times in recent years, a man from the U.S. with a fiancee and toddler in Ontario says he was indefinitely barred from Canada last month after a border agent took issue with a set of charges placed on him more than a decade ago.

Ohio resident Jimmy Bailey is a father to six children, five of whom live in Aurora, Ont. with his fiancee, Emily. While Bailey is an American, Emily and the children are Canadian citizens. On most days, Bailey says he serves as a stay-at-home-dad in Aurora to his toddler, Lachlan.

But, Bailey hasn’t seen his fiancee or kids since late March, when he says he was told by a Canadian Border Services Agency (CBSA) employee that he’d been barred from the country indefinitely.

“It’s been miserable,” Bailey said in an interview from his parent’s basement in Ohio, where he’s been sleeping since being told he cannot return to his family.

Since meeting Emily in 2018, Bailey says he’s crossed the Canada-U.S. border dozens of times a year and, when COVID-19 hit and he sold his business in 2020, those trips increased significantly. He said he doesn’t understand what made the last crossing any different.

“Why in the world would the Canadian government allow me in, probably, 500 times without incident and then all of a sudden say, ‘Oh, wait?’”

Bailey, like anyone with a criminal record, has legal avenues available to gain entry into other countries, but experts say many people don’t know they’re inadmissible, let alone of their options to gain back eligible status. Now that Bailey is aware, he said he’s actively working with a lawyer to try and re-enter Canada, but in the meantime, his young son has grown confused and upset.

“He thinks I’m at the store,” he said. “It’s really, really sad, he doesn’t understand why I can’t come back and every time I talk to him, he cries.”

Jimmy Bailey and his son Lachlan can be seen above. (Handout by Bailey)

‘INADMISSIBLE TO CANADA’

In the early hours of March 27, Bailey said he was making the 10-hour drive from his parents’ home in Ohio back to Canada.

After arriving at the Peace Bridge border crossing, he says he was flagged by a border services agent and told to report to customs, where he was asked “all the usual questions.”

“I waited about 45 minutes and then [the agent] called me up to the glass and said, smiling, ‘Oh, you’re inadmissible to Canada, actually,’” he recalled.

“And I said, ‘What are you talking about? I have a son. I’m a stay-at-home dad to kids with special needs. My wife goes out and works,’” he said.

However, the agent had made up their mind, he said, citing two charges placed on Bailey as a result of a 2010 incident – one that Bailey describes as a complete accident.

When CTV News Toronto reached out to CBSA for further clarification on Bailey’s case, the agency said they couldn’t comment on individual cases under Canada’s Privacy Act.

In a statement, CBSA spokesperson Maria Ladouceur said all of the agency’s officers are “trained in interview, examination and investigative techniques.”

“They use proven indicators, advanced information, intelligence, innovative technology and information-sharing to carry out their mandate,” Ladoucer said.

The admissibility of travellers is decided on a case-by-case basis based on the information presented to the officers, who then must assess the security risk and admissibility of each individual, she said.

‘BIGGEST MISTAKE OF MY LIFE’

The summer Bailey turned 30, his grandfather gave him a clay pigeon launcher, he recalled during the interview.

“I’ve been shooting guns my whole life,” he said. “In rural Ohio, it’s not like in Canada – you hear gunfire on any given summer day. People shoot their guns.”

On a June day in 2010, Bailey said he decided to take advantage of the gift and set up himself up for a session of target practice in the backyard of his then-girlfriend.

The property Bailey was shooting on backed up against a tree line, he said. Behind that, a field, another treeline, and a small lake separated his property with another resident’s – about a mile away, according to Bailey.

Bailey shot clay pigeons for a while, before deciding to switch to his then-girlfriend’s handgun, aiming at what he thought was a “safe backstop,” he explained.

After “about an hour of shooting the handgun,” Bailey said he packed it up, went back inside, and went to bed.

The next day, the sheriff’s department knocked on his door, Bailey recalled – the officers were investigating after a nearby resident had been shot, he said. The man had been struck by a bullet fragment in the groin, the officers informed Bailey.

At first, Bailey said his girlfriend only admitted to shooting at the clay pigeons when questioned by the police, failing to reveal that a handgun had been fired, he said. Bailey said he initially went along with the lie, a move that would turn out to be “the biggest mistake of my life,” he said.

“A few days later, they came back with a warrant.”

Ultimately, Bailey would end up charged by the state of Ohio with one count of negligent assault and one count of obstruction.

“I plead no contest, took the required gun safety course right away, paid my fine, and completed my probation,” he said.

‘NO QUICK FIXES’

According to Andres Pelenur, immigration lawyer with Borders Law Firm in Toronto, Bailey will likely be able to gain access to Canada again, but the journey to a barrier-free entry process could be an arduous one.

“There are no quick fixes,” Pelenur told CTV News Toronto in an interview Thursday.

Anyone arrested or convicted of a crime may be barred from entering Canada and categorized as ‘inadmissible,’ Pelenur said. Those with criminal records crossing the border are evaluated on a case-by-base basis, with the main factor under consideration being the individual’s risk of reoffending.

Because of the case-by-case evaluation, sometimes individuals who are at risk of being deemed inadmissible due to past crimes are allowed in without issue, the lawyer explained. Often, those crossing the border won’t be outright asked if they have a criminal history, Pelenur said — it depends on the agent.

“A lot of people don’t even know that they’re inadmissible,” Pelenur said. “You can be waved through incorrectly from a strict legal perspective, and this happens quite commonly, so they’ll have no clue.”

Bailey said he’s had a border agent flag his criminal history once before, during the pandemic. However, that particular agent, Bailey recalled, deemed his entry to be low-risk and waved him through.

Once someone with a criminal record has been found to be inadmissible, the process to re-entry can be difficult, Pelenur said – for a clean slate, individuals must go through the criminal rehabilitation program, a lengthy process that can’t be initiated until five years after an individual has completed their sentence.

“[Once submitted], it can literally take years to process,” he said. “It can be a real problem for people.”

Another option, which Pelenur called a kind of “stop gap,” is a ‘Temporary Resident Permit.

“It’s a [permit] that allows people to enter Canada when they have a criminal inadmissibility, and they’re not yet allowed to apply or obtain the criminal rehabilitation,” he explained.

A temporary resident permit is only good for one entry and expires after a predetermined amount of time. These permits are granted to individuals whose need to enter or stay in Canada outweighs any possible health or safety risks to Canadian society, as determined by an immigration or a border agent.

At the time of publication, Bailey said he was in the process of applying for a temporary resident permit so that he can see his family as soon as possible and is also seeking to start the criminal rehabiliation process with his lawyer, he said.

LOOKING AHEAD

Canada’s inadmissibility rules can be “harsh,” Pelenur said, and the system, at the end of the day, is not a very permissive one, he added. “But I do think it’s fair,” the lawyer stated.

For Bailey, the matter transcends immigration policy into the personal – he says the bottom line, for him, remains his family. His fiancee has been caring for five children alone for two weeks now, he says, while bringing in their primary income.

“It’s been a complete role reversal,” Bailey said. “I used to stay at home and pretty much run the household – with [five] kids it’s its own full-time job.”

Jimmy and Emily’s family can be seen above. (Handout by Bailey)

In the meantime, he said he’s focusing on getting his temporary permit and consoling his family, including Lachlan, who still doesn’t quite understand the situation.

“He’s starting to freak out when people in his life leave – like when his mom goes to the store,” Bailey said. “He thinks that people aren’t coming back.”

“I just tell him I love him and that I’ll be there as soon as I can.”

 

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David Lipsky shoots 65 to take 1st-round lead at Silverado in FedEx Cup Fall opener

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NAPA, Calif. (AP) — David Lipsky shot a 7-under 65 on Thursday at Silverado Country Club to take a one-stroke lead after the first round of the Procore Championship.

Winless in 104 events since joining the PGA Tour in 2022, Lipsky went out with the early groups and had eight birdies with one bogey to kick off the FedEx Cup Fall series at the picturesque course in the heart of Napa Valley wine country.

After missing the cut in his three previous tournaments, Lipsky flew from Las Vegas to Arizona to reunite with his college coach at Northwestern to get his focus back. He also spent time playing with some of the Northwestern players, which helped him relax.

“Just being around those guys and seeing how carefree they are, not knowing what’s coming for them yet, it’s sort of nice to see that,” Lipsky said. “I was almost energized by their youthfulness.”

Patton Kizzire and Mark Hubbard were a stroke back. Kizzire started on the back nine and made a late run with three consecutive birdies to move into a tie for first. A bogey on No. 8 dropped him back.

“There was a lot of good stuff out there today,” Kizzire said. “I stayed patient and just went through my routines and played well, one shot at a time. I’ve really bee working hard on my mental game and I think that allowed me to rinse and repeat and reset and keep playing.”

Mark Hubbard was at 67. He had nine birdies but fell off the pace with a bogey and triple bogey on back-to-back holes.

Kevin Dougherty also was in the group at 67. He had two eagles and ended his afternoon by holing out from 41 yards on the 383-yard, par-4 18th.

Defending champion Sahith Theegala had to scramble for much of his round of 69.

Wyndham Clark, who won the U.S. Open in 2023 and the AT&T at Pebble Beach in February, had a 70.

Max Homa shot 71. The two-time tournament champion and a captain’s pick for the President’s Cup in two weeks had two birdies and overcame a bogey on the par-4 first.

Stewart Cink, the 2020 winner, also opened with a 71. He won The Ally Challenge last month for his first PGA Tour Champions title.

Three players from the Presidents Cup International team had mix results. Min Woo Lee shot 68, Mackenzie Hughes of Dundas, Ont., 69 and Corey Conners of Listowel, Ont., 73. International team captain Mike Weir of Brights Grove, Ont., also had a 69.

Ben Silverman of Thornhill, Ont., had a 68, Nick Taylor of Abbotsford, B.C., and Roger Sloan of Merritt, B.C., shot 70 and Adam Svensson of Surrey, B.C., had a 71.

Lipsky was a little shaky off the tee for much of the afternoon but made up for it with steady iron play that left him in great shape on the greens. He had one-putts on 11 holes and was in position for a bigger day but left five putts short.

Lipsky’s only real problem came on the par-4 ninth when his approach sailed into a bunker just shy of the green. He bounced back nicely with five birdies on his back nine. After missing a 19-foot putt for birdie on No. 17, Lipsky ended his day with a 12-foot par putt.

That was a big change from last year when Lipsky tied for 30th at Silverado when he drove the ball well but had uneven success on the greens.

“Sometimes you have to realize golf can be fun, and I think I sort of forgot that along the way as I’m grinding it out,” Lipsky said. “You’ve got to put things in perspective, take a step back. Sort of did that and it seems like it’s working out.”

Laird stayed close after beginning his day with a bogey on the par-4 10th. The Scot got out of the sand nicely but pushed his par putt past the hole.

Homa continued to have issues off the tee and missed birdie putts on his final four holes.

___

AP golf:

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Canada’s Marina Stakusic advances to quarterfinals at Guadalajara Open

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GUADALAJARA, Mexico – Canada’s Marina Stakusic is moving on to the quarterfinals of the Guadalajara Open.

The Mississauga, Ont., native defeated the tournament top seed, Jelena Ostapenko of Latvia, 6-3, 5-7, 7-6 (0) in the round of 16 on Thursday.

Stakusic faced a 0-4 deficit in the third and final set before marching back into the match.

The 19-year-old won five of the next six games to even it up before exchanging games to force a tiebreaker, where Stakusic took complete control to win the match.

Stakusic had five aces with 17 double faults in the three-hour, four-minute match.

However, she converted eight of her 18 break-point opportunities.

This report by The Canadian Press was first published Sept. 13, 2024.

The Canadian Press. All rights reserved.



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Tua Tagovailoa sustains concussion after hitting head on turf in Dolphins’ loss to Bills

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MIAMI GARDENS, Fla. (AP) — Miami Dolphins quarterback Tua Tagovailoa sustained a concussion for the third time in his NFL career, leaving his team’s game Thursday night against Buffalo after running into defensive back Damar Hamlin and hitting the back of his head against the turf.

Tagovailoa remained down for about two minutes before getting to his feet and walking to the sideline after the play in the third quarter. He made his way to the tunnel not long afterward, looking into the stands before smiling and departing toward the locker room.

The Dolphins needed almost no time before announcing it was a concussion. The team said he had two during the 2022 season, and Tagovailoa was diagnosed with another concussion when he was a college player at Alabama.

Dolphins coach Mike McDaniel said Tagovailoa would get “proper procedural evaluation” and “appropriate care” on Friday.

“The furthest thing from my mind is, ‘What is the timeline?’ We just need to evaluate and just worry about my teammate, like the rest of the guys are,” McDaniel said. “We’ll get more information tomorrow and take it day by day from here.”

Some players saw Tagovailoa in the locker room after the game and said they were encouraged. Tagovailoa spoke with some players and then went home after the game, McDaniel said.

“I have a lot of love for Tua, built a great relationship with him,” said quarterback Skylar Thompson, who replaced Tagovailoa after the injury. “You care about the person more than the player and everybody in the organization would say the same thing. Just really praying for Tua and hopefully everything will come out all right.”

Tagovailoa signed a four-year, $212 million extension before this season — a deal that makes him one of the highest-paid players in the NFL — and was the NFL’s leading passer in Week 1 this season. Tagovailoa left with the Dolphins trailing 31-10, and that was the final score.

“If you know Tua outside of football, you can’t help but feel for him,” Bills quarterback Josh Allen said on Amazon following the game. “He’s a great football player but he’s an even greater human being. He’s one of the best humans on the planet. I’ve got a lot of love for him and I’m just praying for him and his family, hoping everything’s OK. But it’s tough, man. This game of football that we play, it’s got its highs and it’s got its lows — and this is one of the lows.”

Tagovailoa’s college years and first three NFL seasons were marred by injury, though he positioned himself for a big pay bump with an injury-free and productive 2023 as he led the Dolphins into the playoffs. He threw for 29 touchdowns and a league-best 4,624 yards last year.

When, or if, he can come back this season is anyone’s guess. Tagovailoa said in April 2023 that the concussions he had in the 2022 season left him contemplating his playing future. “I think I considered it for a time,” he said then, when asked if he considered stepping away from the game to protect himself.

McDaniel said it’s not his place to say if Tagovailoa should return to football. “He’ll be evaluated and we’ll have conversations and progress as appropriate,” McDaniel said.

Tagovailoa was hurt Thursday on a fourth-down keeper with about 4:30 left in the third. He went straight ahead into Hamlin and did not slide, leading with his right shoulder instead.

Hamlin was the player who suffered a cardiac arrest after making a tackle during a Monday night game in January 2023 at Cincinnati, causing the NFL to suspend a pivotal game that quickly lost significance in the aftermath of a scary scene that unfolded in front of a national television audience.

Tagovailoa wound up on his back, both his hands in the air and Bills players immediately pointed at him as if to suggest there was an injury. Dolphins center Aaron Brewer quickly did the same, waving to the sideline.

Tagovailoa appeared to be making a fist with his right hand as he lay on the ground. It was movement consistent with something that is referred to as the “fencing response,” which can be common after a traumatic brain injury.

Tagovailoa eventually got to his feet. McDaniel grabbed the side of his quarterback’s head and gave him a kiss on the cheek as Tagovailoa departed. Thompson came into the game to take Tagovailoa’s spot.

“I love Tua on and off the football field,” Bills edge Von Miller said. “I’m a huge fan of him. I can empathize and sympathize with him because I’ve been there. I wish him the best.”

Tagovailoa’s history with concussions — and how he has since worked to avoid them — is a huge part of the story of his career, and now comes to the forefront once again.

He had at least two concussions during the 2022 season. He was hurt in a Week 3 game against Buffalo and cleared concussion protocol, though he appeared disoriented on that play but returned to the game.

The NFL later changed its concussion protocol to mandate that if a player shows possible concussion symptoms — including a lack of balance or stability — he must sit out the rest of the game.

Less than a week later, in a Thursday night game at Cincinnati, Tagovailoa was concussed on a scary hit that briefly knocked him unconscious and led to him being taken off the field on a stretcher.

His second known concussion of that season came in a December game against Green Bay, and he didn’t play for the rest of the 2022 season. After that, Tagovailoa began studying ways where he may be able to fall more safely and protect himself against further injury — including studying jiu-jitsu.

“I’m not worried about anything that’s out of my hands,” McDaniel said. “I’m just worried about the human being.”

___

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