Trial begins for men accused in migrants’ deaths near Manitoba border crossing

Jury selection got underway Monday in the trial of two men accused of smuggling migrants across the Canada-U.S. border.

Harshkumar Ramanlal Patel and Steve Shand are accused of being part of an operation that brought people from India to Canada then across the border from Manitoba to Minnesota.

One of the trips they are accused of taking part in saw a family from India — a couple and their two young children — die in a blizzard in January 2022, when the wind chill was below -35.

The men have pleaded not guilty to charges including conspiracy to transport aliens causing serious bodily injury and placing lives in jeopardy. The trial in Fergus Falls, Minn., is scheduled to run five days.

Before jury selection began, defence lawyers asked that photos of the frozen bodies of the family members lying in a field not be shown to the jury.

Aaron Morrison, Shand’s lawyer, said the photos would “cause extreme prejudice” for the jury. But the prosecution said the photos were necessary to show the family was given inadequate clothing for the bone-chilling weather.

The photos also show that the boots worn by the family matched boots worn by other migrants, the prosecution said.

U.S. District Judge John Tunheim ruled the photos can be shown during the trial.

The family — Jagdish Patel, 39; his wife, Vaishaliben Patel, 37; their 11-year-old daughter, Vihangi; and their three-year-old son, Dharmik — were found dead just metres from the border.

“The father was still holding his infant child wrapped in a blanket. A little way on, officers found his wife’s body frozen near a fence,” says a trial brief submitted by the prosecution.

Prosecutors allege Patel co-ordinated with smugglers in Canada to have a group of migrants dropped off near the border, where they would walk until they entered the U.S. and be picked up by Shand.

RCMP in Manitoba have not made any arrests north of the border but said their investigation is ongoing.

The judge asked a pool of dozens of potential jurors about their views on immigration, law enforcement and other topics.

Two people raised their hands when asked whether they had strong opinions about the immigration system that might affect them.

One man raised his hand when the judge asked whether anyone had unpleasant experiences with immigrants.

Jurors were also asked whether they had worked in law enforcement, whether they have had bad experiences with law enforcement and where they get their news.

‘Sacrificed so much’

Alastair Clarke, an immigration lawyer based in Winnipeg, has worked on hundreds of cases involving migrant victims, and says they’re far too common.

“It is heartbreaking to hear the sacrifices that these individuals have made in order to make this journey,” Clarke said. “And then when you hear about sometimes the tragic ends or the tragic consequences as part of that journey, it even highlights even more the difficulties that these individuals had in their home countries when they’re trying to find a better life.”

Clarke describes Canada and the United States as “destination countries:” sought-after prizes for people coming from “source countries” such as India, China and Nigeria.

For many families, the risk of capture by border agents, hazardous conditions such as the blizzard which killed the family of four from India, and all the other risks that come with migrant journeys, might be worth it if it means they can make it to a place like North America.

“These are the most vulnerable individuals around the world. And they have already sacrificed so much to get to this point,” Clarke said.

–With files from Joanne Roberts, CityNews