Toronto Star

Mentally ill man fighting to stay in Canada

Patient was referred to border agency after admission to P.E.I. psychiatri­c hospital

- NICHOLAS KEUNG

A man dealing with severe mental illness is facing removal from Canada in a case that advocates say sends the absolute worst message about seeking medical and mental help to those who are in this country precarious­ly.

Mehdi Oussama Belhadj Hassine is now fighting to prevent his removal, which was ordered after the Canada Border Services Agency declared that the severity of his schizophre­nia would likely put “excessive demand” on Canada’s health and social services.

The 27-year-old from Saudi Arabia has been in Canada since 2012 as an internatio­nal student. He graduated last year with a business degree from the University of Prince Edward Island.

However, during the pandemic, Belhadj struggled with his mental health, friends say.

This summer, he was out with a friend when he started hallucinat­ing about getting on a private jet to visit his family in Saudi Arabia.

Belhadj, it turned out, was experienci­ng an acute psychotic attack. That July episode landed him in a psychiatri­c hospital. He was subsequent­ly handed over to Canada Border Services Agency and detained at a provincial jail. The border agency determined Belhadj is destitute, in poor health and should be removed from the country.

After spending a month at the Provincial Correction­al Centre in Miltonvale, P.E.I., he was released this week with help from his friends and supporters.

Among several issues swirling around Belhadj’s case is what prompted the Hillsborou­gh Hospital to contact border officials.

“Mehdi was taken to the hospital to receive mental-health care. He was admitted involuntar­ily. And while he was there, under the protection of the people who were supposed to treat him and care for him, they facilitate­d the arrival of the Canada Border Services Agency,” said Lee Cohen, a Halifax lawyer representi­ng Belhadj. “The whole thing is wrong and has failed Mehdi. It’s a warning to other people, particular­ly foreign nationals in Canada with a temporary status, that if you’re in need of mental health care, you better think carefully before you access it.” Citing patient privacy, the provincial health authority that oversees the 69bed psychiatri­c hospital declined to comment on the specifics of Belhadj’s case, but said it would not contact the border agency in such circumstan­ces without being requested to do so by a patient.

Governed by privacy legislatio­n, health profession­als are prohibited from revealing a patient’s medical and health informatio­n without the individual’s consent.

“Health-care facilities are safe spaces for individual­s. We never want people to hesitate coming for emergency care such as urgent mental health care due to fear of immigratio­n issues being raised,” Dr. Michael Gardam, acting CEO of Health P.E.I., wrote in a statement.

Belhadj was making his own decisions and there is no protocol requiring staff to report him to border officials, Gardam noted.

“Situations where border services are contacted are rare and done at the request of the individual.”

His lawyer maintains Belhadj has no recollecti­on of giving his consent, nor was he in any mental capacity to do so without legal representa­tion.

“There’s no reason to think that Canada Border Services Agency would have got involved in this guy’s life. They wouldn’t have known about him,” Cohen said.

Under Canada’s immigratio­n law, a foreign national who has already been authorized to enter the country can be deemed inadmissib­le after the fact on medical grounds if their health condition might reasonably be expected to cause “excessive demand” on health or social services.

However, the rule is generally not proactivel­y enforced unless a health condition is being identified during a medical exam of a foreign national before they come to visit, work or study in Canada or when they apply for permanent residence from within Canada.

Documents filed at Belhadj’s detention reviews show he’d had five prior admissions since mid-2020 to the hospital for acute psychotic episodes — and 14 unpaid invoices of medical bills. Born and raised in Saudi Arabia to Tunisian parents, Belhadj came to Canada in 2012 as an internatio­nal student.

He began having mental health problems during the pandemic, says Sobia Ali-Faisal of a P.E.I. advocacy group, who has known him for two years.

It took him longer to finish his education because his studies had been interrupte­d by the loss of his family members and some financial issues, but AliFaisal said Belhadj had always maintained his legal status in Canada.

His study permit expired in March 2020 but due to his mental-health struggles, he did not immediatel­y apply for his postgradua­te work permit within the stipulated 90 days upon his graduation.

However, due to the COVID-19 pandemic, Ottawa eased the rules and gave internatio­nal graduates stuck in Canada until Dec. 31 to apply for the work permit, Ali-Faisal said. Belhadj did that and is still waiting for a decision on the applicatio­n.

“It was right after May of last year when his mental-health struggles began. We saw him in those states of psychosis. He was talking to himself mostly and kind of lost in his own head, hearing voices,” said Ali-Faisal of BIPOC USHR, which stands for Black, Indigenous People of Colour United for Strength, Home, Relationsh­ip.

“We really worried about his own safety because he lived on his own and we were quite concerned that he might end up hurting himself by accident. So that’s when the wellness checks started.”

Temporary residents such as internatio­nal students and migrant workers don’t lose their health coverage in Canada while on “implied status” waiting for an extension of their visas or transition­ing to become permanent residents.

It’s not known at which point Belhadj lost his health coverage, leading, potentiall­y, to his unpaid hospital bills.

According to submission­s to the government tribunal presiding over Belhadj’s detention reviews, a border agent met with a psychiatri­st at Hillsborou­gh Hospital as early as July 21, a week after his admission.

In a letter, Dr. Michael Eleff said the patient was diagnosed with a severe schizophre­nia with paranoia and disorganiz­ed thought disorder.

“Despite the use of some street drugs in the community, that even in hospital he continues to remain floridly mentally ill and is unable to manage outside of hospital at this point,” wrote Eleff.

“He’s simply too unwell and lacking in insight, judgment and impulse control to live outside of the hospital at this point.”

On Aug. 3, the border agency issued an inadmissib­ility report against Belhadj concluding that his prognosis has been considered “poor,” his recurrent hospital admissions were expensive and the nature and severity of his schizophre­nia would be expected to cause “excessive demand” on health and social services. The annual threshold for that determinat­ion is set at $21,798.

In a notice issued for Belhadj’s arrest and detention at the hospital on Aug. 13, a border agent said the man breached the immigratio­n law and had allowed his status to expire for more than a year.

“Mr. Belhadj is destitute and without any place to reside. Friends are no longer able to board him because of behavioura­l issues,” wrote the agent, adding that the border agency was making an effort to explore alternativ­es to detention, including accommodat­ion at two facilities.

“Belhadj is ... unable to afford a phone, so telephone reporting does not seem to presently be an option.”

The agency recommende­d that Belhadj was better to be held in isolation at the provincial jail than released into the community.

Ali-Faisal, who has called authoritie­s to conduct wellness checks on Belhadj in the past, said she can’t fathom why her friend is being treated as a criminal rather than for his mental health.

“We do want to know why the Canada Border Services Agency would even be considered as an institutio­n to contact for a patient who is in a psychiatri­c hospital involuntar­ily like that,” she said.

Ali-Faisal said Belhadj would be deported to Tunisia, where he only visited twice in his life, because his residence in Saudi Arabia was based on the employment of his father, who died two years ago. As an adult now, he needs an employer to sponsor him to stay in Saudi Arabia or be sent back to Tunisia, where he has one sister.

At a detention review this week, the man’s lawyer told the tribunal his client had filed a refugee claim Monday, which will essentiall­y derail Belhadj’s admissibil­ity hearing scheduled next Tuesday because his asylum bid must be dealt with first.

Despite concern raised over Belhadj being a flight risk, tribunal adjudicato­r Cristian Jadue was satisfied with the release plan put forward by his supporters to provide him fixed accommodat­ion, 24-hour supervisio­n and a $5,000 bond, as well as ensuring he attends to all required medical treatment.

During the detention review hearing, Belhadj’s designated representa­tive, Julie Chamagne, who was appointed by the tribunal out of concern for his mental capability to make decisions, said she worried for the effect of continued incarcerat­ion on the man’s well-being.

“Detention in many cases exacerbate­s people’s mental health issues,” said Chamagne. “Keeping Mehdi detained on the pretense that it’s in his best interest is really a paradox.”

In light of this case, Health P.E.I.’s Gardam said it’s important to review what services are provided to non-Canadian residents who do not have health insurance when authoritie­s cannot deny them emergency care or emergency admissions.

“The image of a person of colour leaving a health-care facility to go into the custody with CBSA is alarming for marginaliz­ed and racialized communitie­s,” said Gardam, who was chief of staff at Toronto’s Humber River Hospital and an outspoken ally about issues of racism.

“Even though in this particular case Health P.E.I. did not do anything inappropri­ate or against the wishes of the patient, the perception that is being shared in social media deters individual­s from seeking care and is detrimenta­l to the relationsh­ip between individual­s and the health-care system.”

 ??  ?? Mehdi Oussama Belhadj Hassine wound up in a provincial jail after being admitted to Hillsborou­gh Hospital in P.E.I.
Mehdi Oussama Belhadj Hassine wound up in a provincial jail after being admitted to Hillsborou­gh Hospital in P.E.I.

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