Possible Lung Cancer Diagnosis Grants Lebanese Opioid Dealer Deportation Delay in Canada
A Lebanese immigrant who was ordered deported from Canada after being convicted for possession of fentanyl and hydromorphone for trafficking purposes has secured a significant delay in his removal. Federal Court Justice Angus Grant has stayed the deportation due to a preliminary medical diagnosis suggesting the individual may have a lung tumour.
Medical Vulnerability Takes Precedence in Court Decision
Mohamad Kassar, who arrived in Canada as a permanent resident approximately 35 years ago, was scheduled for removal to Lebanon on February 13. Instead, Justice Grant intervened, citing Kassar's medical condition as grounds for deferral. "I am satisfied that (he) has provided clear, convincing, and non-speculative evidence of the harm that he would experience if his removal is not deferred," Grant wrote in his decision from Toronto.
The judge emphasized Kassar's dependence on uninterrupted medical treatment to avoid serious health consequences, including potential mortality. This medical vulnerability outweighed other considerations in this particular case, despite the serious nature of Kassar's criminal convictions.
Balancing Public Interest Against Medical Necessity
Justice Grant acknowledged the complexity of balancing Canada's strong public interest in removing non-citizens involved in the opioid crisis against individual medical needs. "I do not take this fact lightly. The opioid crisis in this country is real, and it has harmed many people," Grant stated in his February 11 decision.
Fentanyl has become the dominant street drug across Canada, claiming thousands of lives in recent years. Typically, the balance of convenience would favor removing individuals who have contributed to this public health crisis. However, in Kassar's case, the judge determined that his medical circumstances presented an exceptional situation requiring different consideration.
Legal Proceedings and Pending Applications
Kassar's deportation was originally ordered in December 2019 following his 2018 conviction for possession of fentanyl and hydromorphone for trafficking purposes. He received a 36-month prison sentence for the fentanyl conviction and an additional nine months for the hydromorphone conviction, to be served consecutively. Kassar was released on parole in June 2021.
An inland enforcement officer had previously rejected Kassar's pre-removal risk assessment, which represented his final attempt to remain in Canada through regular channels. Kassar subsequently requested a deferral of his removal while awaiting decisions on his pending humanitarian and compassionate grounds application, as well as a temporary resident permit application.
Healthcare System Considerations
Justice Grant expressed concern about whether immigration officials adequately considered how Kassar's medical conditions would be managed within Lebanon's healthcare system. "I am convinced that a serious issue arises as to whether the officer adequately considered whether Mr. Kassar's medical conditions, when considered in light of the healthcare system in Lebanon, posed an immediate impediment to removal," the judge noted.
The court emphasized that Kassar's request for deferral was not indefinite nor tied to health improvement, but rather connected to awaiting determinations on his other immigration applications. While humanitarian and compassionate grounds determinations can be lengthy processes, temporary resident permit applications typically receive more timely decisions.
This case highlights the complex intersection of immigration enforcement, criminal justice, and healthcare considerations within Canada's legal system, particularly when individuals facing removal present serious medical vulnerabilities that may not be adequately addressed in their countries of origin.
