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HALIFAX, N.S. —

A Texas homicide suspect being held at the Central Nova Scotia Correctional Facility is seeking to stay in Canada under refugee status.

On Tuesday, Derek Cameron Whisenand, 28, told the Immigration and Refugee Board of Canada he would be in danger if he was sent back to the United States.

“My safety is in jeopardy so I’m trying to apply for (refugee status in Canada) to proceed with this,” Whisenand told the board via teleconference from the Burnside jail at his admissibility hearing.

“Canada offers refugee protection to people in Canada who fear persecution or who would be in danger if they had to leave,” says the Government of Canada’s website, listing torture and risk to one’s life as potential dangers.

Whisenand said he wouldn’t go into detail about why he would be in danger since two reporters were present at the hearing.

“It’s hard to explain and I’m not going to put it out there for them to write down,” he said.

On Dec. 30, Whisenand was arrested by a Halifax Regional Police officer outside the Walmart on Chain Lake Drive in Bayers Lake for wearing a new pair of boots out of the store without paying for them.

Whisenand is the subject of a warrant for the murder of 78-year-old Burton Duane Sanborn, whose body was found in his home in Eastland County, Texas, in June.

Whisenand, originally from North Dakota, was suspected to have fled to Canada after his car was found in Walhalla, N.D., about three kilometres from the Canadian border. RCMP said at the time that he crossed the border near Haskett, Man., during the week of June 24, “before travelling to Winnipeg and possibly eastern Canada.”

At the time of his arrest, Whisenand was living in a tent with his dog in the woods near the Highway 102-Lacewood Drive off-ramp.

He has remained in custody at the Central Nova Scotia Correctional Facility in Burnside since his arrest.

Dianne Tordoff, board member of the immigration division, warned Whisenand that she had met with him two previous times, on Jan. 8 and Jan. 24, and said Tuesday’s hearing would proceed whether or not he was present or had legal counsel.

But Whisenand said he’s been trying to obtain legal counsel since he spoke with her on Jan. 8 and hasn’t been able to do so.

“It’s really hard to get ahold of anybody and the last people I talked to said that they don’t have people, like a staff lawyer, present so I’m in the process of mailing out letters trying to get counsel that will handle my case,” he said.

“As you can tell, this is very confusing for me and that’s why I’m requesting counsel because I don’t know what to do.”

When Tordoff questioned why Whisenand refused to come out of his cell for the last admissibility hearing, he said he didn’t want to speak with anyone without legal counsel.

“You had refused to meet the immigration officers and you need to meet immigration officers if there’s any requests that you want to make,” Tordoff said, adding that includes requesting for refugee status.

Tordoff and Michel Gallant, of the Canada Border Services Agency, both said they were unaware Whisenand wanted to pursue refugee status until Tuesday’s hearing.

“Well in the circumstances that you’re contemplating claiming refugee status, I’ll grant your postponement, but I can’t give you 10 weeks,” said Tordoff, acknowledging Whisenand’s original timeline request.

Whisenand agreed he would be co-operative with CBSA officers for the rest of his time in custody in Canada, whether or not he had legal counsel, as requested by Tordoff.

Tordoff explained to Whisenand his hearings would become private if the refugee claim came into play. Reporters would then have to make a request to be present at the hearings, citing a reason as to why it is in the public’s interest to be present.

“Measures of confidentiality can be taken, however, to ensure that nothing gets into the public domain that would put you in danger for your safety,” Tordoff explained to Whisenand.

Whisenand’s final admissibility hearing is to be on March 10 at 2 p.m.

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