Quebecer Toufik Benhamiche is still not allowed to leave Cuba even though the country’s highest court has overturned his conviction for criminal negligence causing death. The Canadian Press.

Wife of Canadian man confined in Cuba considering legal action against Ottawa

Tourist confined in Cuba considers more legal action

The wife of a Quebec man who has been stuck in Cuba for 14 months after being involved in a boating accident that killed a fellow tourist says she’s considering taking legal action against the Canadian government in a bid to help bring him home.

Kahina Bensaadi said Cuban authorities have refused to allow her husband to return to his home near Montreal even though a conviction and four-year sentence stemming from the accident were overturned and he is no longer in custody.

Her husband, Toufik Benhamiche, was driving a small boat as part of a tourist excursion in July 2017 in Cayo Coco when it veered out of control and fatally struck a woman from Ontario.

A Cuban court found the Mascouche resident guilty of criminal negligence causing death and sentenced him to four years in prison.

But in June, Cuba’s highest court found flaws in the lower court’s handling of the case and reversed all its decisions including the conviction, Bensaadi said.

But the decision means the case needs to be reinvestigated from the beginning, which could take months or even years in the Cuban justice system.

Bensaadi, who is struggling to care for the couple’s two young daughters, says she’s angry and disappointed that the Canadian government hasn’t done more to help despite her constant pleas.

“They have never deigned to lift a finger, not even to help us in the choice of a competent lawyer to represent us,” she wrote in an email.

“We had no choice but to fend for ourselves, because in any case all our attempts to solicit their help proved futile, and all ended with emails (or) letters stripped of compassion to tell us that they can do absolutely nothing and that Cuban justice must follow its course.”

Human rights lawyer Julius Grey, who is representing the family, said they will decide in the next week whether to seek a declaratory action “similar to Khadr,” referring to former Guantanamo Bay inmate Omar Khadr.

In 2010, the Supreme Court ruled the Canadian-born Khadr’s human rights were being violated at Guantanamo Bay.

Bensaadi said the possible legal action would be aimed at compelling the Canadian government to meet what she sees as their obligations to help her husband.

“I find it deplorable to have to think about starting a legal proceeding against one’s own government to oblige them to give assistance when that would normally be their primary mandate,” she said.

Global Affairs Canada said in a statement that it is providing assistance to Benhamiche, “a Canadian facing travel restrictions in Cuba.”

“Consular officials in Havana, Cuba, are in contact with local authorities to gather further information on the status of his case,” reads an emailed statement.

The family has also filed a lawsuit in Canada against travel company Sunwing, alleging Benhamiche was given little instruction on how to operate the craft and was allegedly assured it was easy to use and by no means dangerous.

Related: Canadians stranded in Cuba after plane crash returning home

Related: Pair of Metro Vancouver police officers arrested, released, in Cuba

Morgan Lowrie, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Ponoka council challenged on payments on new building

Resident continues worries the town is paying over $94,000 per month on something it may never own

Plan to pump into Gull Lake won’t happen in 2019

Two-stage filter process to be evaluated by Alberta Environment

Ponoka County denies rezoning over road responsibility issue

Application to parcel off land shot down by council due mainly to lack of access

Ponoka County council pleased with fire services budget

2019 budget presented to council include some higher operational costs

Ponoka Mayor presents to Lacombe Council reasons behind withholding school tax

Mayor Rick Bonnett requests a letter of support from the City of Lacombe

UK lawmakers reject Brexit deal in 432-202 vote

House of Commons votes against the deal struck between Britain’s government and the EU

WATCH: World-renowned illusionist, magician, escapist performs in Stettler

Matt Johnson performs two sold-out shows at Stettler Performing Arts Centre

Olivia and Liam top list for Alberta baby names in 2018

Premier Rachel Notley announced the top baby names in Alberta in 2018; Loki didn’t make the cut

Ponoka RCMP arrest man for impaired driving on QE2

Rocky Mountain House man arrested after erratic driving on the QE2

Edmonton Police charged 236 people with auto theft in 2018

Police states many of the thefts are crimes of opportunity

Official torchbearers for 2019 Canada Winter Games announced

Canada Games officials open time capsule from Grande Prairie Games in 1995

PHOTO: Telus donates $2,500 to Ponoka Big Brothers

Ponoka’s Big Brothers Big Sisters receives a $2,500 donation from Telus

Alberta Health Services, United Nurses of Alberta reach agreement to settle union grievance of nursing staffing shortage

Settlement includes the designation of 11.7 full-time-equivalent Registered Nurse relief positions

Woman’s complaint leads to sexual assault charge against Calgary priest

Malcolm Joe D’Souza, who is 62, has been charged with one count of sexual assault

Most Read