Muslim terrorists always pull out the mental health concern. What a crock of shit, he was getting deported back to Tunisia, the judge is an idiot. Deport the POS and the politically correct judge.
A Tunisian man serving a life sentence in Canada for plotting to kill passengers by derailing a VIA Rail train has convinced a Federal Court judge to delay immigration authorities from deciding if he’s allowed to stay here because it could harm his mental health.
The proceeding at issue was an admissibility hearing for Chiheb Esseghaier before the Immigration and Refugee Board. Because of his 2015 convictions, the likely result would have been an automatic deportation order.
Article content
“I find a real risk of serious mental harm on the basis of evidence from Mr. Esseghaier’s treating psychiatrist,” Justice Christine Pallotta wrote in a recent decision out of Toronto.
The court heard from Dr. Robert Lacroix, Esseghaier’s psychiatrist at Regional Treatment Centre-Pacific, part of the Correctional Service of Canada’s Pacific Institution in Abbotsford, B.C.
He explained Esseghaier’s “prognosis and medical fragility” in a May 2024 letter, said the judge’s decision, dated Feb. 7.
Pallotta noted the Immigration Division of the Immigration and Refugee Board concluded, based on the psychiatrist’s opinion, that “there is a strong probability that Mr. Esseghaier’s mental health would be adversely, permanently, and irretrievably impacted in some way and in some degree due to the conduct of the admissibility hearing and in anticipation of the potential consequences that may result.”
The judge also pointed to “a December 2024 letter from Dr. Lacroix discussing concerns with stress relating to the immigration proceedings, stating that psychotic symptoms become more entrenched and treatment-resistant with successive exacerbations of illness, and that treatment options would be more limited if Mr. Esseghaier were to significantly deteriorate.”
The judge recognized that “Esseghaier’s evidence of mental harm pre-dates the (Immigration Division’s) admissibility hearing.”
But Pallotta didn’t agree with lawyers for Immigration Minister Marc Miller “that this warrants an adverse inference, nor do I agree that the evidence about the effect of the (Immigration Division’s) decision or a removal order is speculative. In my view, Mr. Esseghaier has provided clear and convincing evidence to establish a real probability that irreparable harm will result unless a stay is granted.”
Esseghaier’s admissibility hearing has already gone ahead. No decision has been issued yet.
His lawyer filed a motion to stay the proceedings “until his mental health could be stabilized, his sentence was near completion, or release from prison was likely,” said the judge’s decision.
That was dismissed, so his lawyer appealed the decision to the Federal Court, and brought a motion asking the court to stay the decision on Esseghaier’s admissibility until the appeal challenging the decision to go ahead with the admissibility hearing in the first place has been concluded.
Article content
“While there is undoubtedly a public interest in carrying out the provisions of (the Immigration and Refugee Protection Act), there is also a public interest in ensuring that remedies are effective, and that the integrity of the court’s process and human rights are protected,” Pallotta said.
“Mr. Esseghaier states he is not a danger to the public as he is institutionalized and receiving treatment with no prospect of release, and the only harm the (immigration minister) will face from granting a stay is a delay in determining his immigration status until the underlying (application for leave and judicial review) is decided.”
nationalpost.com
A Tunisian man serving a life sentence in Canada for plotting to kill passengers by derailing a VIA Rail train has convinced a Federal Court judge to delay immigration authorities from deciding if he’s allowed to stay here because it could harm his mental health.
The proceeding at issue was an admissibility hearing for Chiheb Esseghaier before the Immigration and Refugee Board. Because of his 2015 convictions, the likely result would have been an automatic deportation order.
Article content
“I find a real risk of serious mental harm on the basis of evidence from Mr. Esseghaier’s treating psychiatrist,” Justice Christine Pallotta wrote in a recent decision out of Toronto.
The court heard from Dr. Robert Lacroix, Esseghaier’s psychiatrist at Regional Treatment Centre-Pacific, part of the Correctional Service of Canada’s Pacific Institution in Abbotsford, B.C.
He explained Esseghaier’s “prognosis and medical fragility” in a May 2024 letter, said the judge’s decision, dated Feb. 7.
Pallotta noted the Immigration Division of the Immigration and Refugee Board concluded, based on the psychiatrist’s opinion, that “there is a strong probability that Mr. Esseghaier’s mental health would be adversely, permanently, and irretrievably impacted in some way and in some degree due to the conduct of the admissibility hearing and in anticipation of the potential consequences that may result.”
The judge also pointed to “a December 2024 letter from Dr. Lacroix discussing concerns with stress relating to the immigration proceedings, stating that psychotic symptoms become more entrenched and treatment-resistant with successive exacerbations of illness, and that treatment options would be more limited if Mr. Esseghaier were to significantly deteriorate.”
The judge recognized that “Esseghaier’s evidence of mental harm pre-dates the (Immigration Division’s) admissibility hearing.”
But Pallotta didn’t agree with lawyers for Immigration Minister Marc Miller “that this warrants an adverse inference, nor do I agree that the evidence about the effect of the (Immigration Division’s) decision or a removal order is speculative. In my view, Mr. Esseghaier has provided clear and convincing evidence to establish a real probability that irreparable harm will result unless a stay is granted.”
Esseghaier’s admissibility hearing has already gone ahead. No decision has been issued yet.
His lawyer filed a motion to stay the proceedings “until his mental health could be stabilized, his sentence was near completion, or release from prison was likely,” said the judge’s decision.
That was dismissed, so his lawyer appealed the decision to the Federal Court, and brought a motion asking the court to stay the decision on Esseghaier’s admissibility until the appeal challenging the decision to go ahead with the admissibility hearing in the first place has been concluded.
Article content
“While there is undoubtedly a public interest in carrying out the provisions of (the Immigration and Refugee Protection Act), there is also a public interest in ensuring that remedies are effective, and that the integrity of the court’s process and human rights are protected,” Pallotta said.
“Mr. Esseghaier states he is not a danger to the public as he is institutionalized and receiving treatment with no prospect of release, and the only harm the (immigration minister) will face from granting a stay is a delay in determining his immigration status until the underlying (application for leave and judicial review) is decided.”
VIA Rail terrorist convinces judge to delay deportation decision due to mental health concerns
Tunisian terrorist wins reprieve from Canadian judge due to mental health concerns
nationalpost.com
