Woman Convicted in Stepson's Death Wins Reprieve from Deportation After Five Years
A Jamaican woman who was ordered deported from Canada more than five years ago following her conviction for killing her stepson has won a last-minute reprieve from Federal Court, allowing her to remain in the country while her case undergoes further review.
Conviction and Deportation Order
Nichelle Nikiss Rowe, who previously went by Nichelle Boothe-Rowe, was convicted by jurors of second-degree murder in the death of her 10-year-old stepson, Shakeil Boothe. The tragic incident occurred in May 2011, with court records indicating the child "suffered prolonged abuse at the hands of his father, ultimately tragically resulting in the child's death."
Following her conviction, Rowe was stripped of the permanent residence status she had obtained in Canada in 2005. Immigration authorities ordered her removal from the country, with deportation scheduled for March 27, 2026.
Federal Court Intervention
Rowe applied to Federal Court for a stay of removal, arguing successfully that the immigration officer who refused to stay her removal last November failed to properly consider key evidence in her case. Specifically, the officer did not adequately engage with an expert report concerning the treatment of deportees in Jamaica.
Justice Anne Turley sided with Rowe in a March 25 decision out of Toronto, stating that "decision-makers must meaningfully engage with the key evidence and arguments of the parties." The judge noted that the immigration officer "fails to even mention the de Noronha Report which Rowe relied upon in support of her humanitarian and compassionate applications."
Expert Report on Deportee Conditions
The July 2021 expert report, authored by Luke de Noronha, provides detailed analysis of various issues affecting deportees in Jamaica, including:
- Limited access to health care services
- Housing instability and homelessness risks
- Employment challenges and economic vulnerability
- Increased susceptibility to violence
- Social stigma and discrimination
- Lack of government resources, social assistance, or support programs
Rowe had argued that as a deportee with no support network in Jamaica, she would face significant risks that were not properly assessed by immigration officials.
Additional Humanitarian Concerns
Justice Turley identified two other serious issues in Rowe's case that warrant further consideration. First, the immigration officer failed to address the hardship Rowe would face based on her medical conditions, which include:
- Endometriosis
- Clinical depression and anxiety disorders
- Post-traumatic stress disorder
Medical evidence submitted by Rowe's primary care physician detailed the numerous medications she requires to manage these conditions. Additionally, her community mental health care worker provided documentation indicating that Rowe, as a victim of intimate partner violence, has made significant progress through counseling and case management services since June 2024.
The mental health professional warned that losing these services "would have a profound negative impact" on Rowe's mental and physical health.
Legal Proceedings and Next Steps
Rowe's legal challenge involved both her pre-removal risk assessment (PRRA) application and her separate bid to regain Canadian permanent resident status based on humanitarian and compassionate grounds. The Federal Court's decision means her deportation has been stayed while these matters receive proper consideration.
The case highlights ongoing debates about how Canada's immigration system evaluates risk factors for deportees, particularly those with complex medical and psychological needs who have been convicted of serious crimes but may face even greater dangers if returned to their countries of origin.
