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Sex offender allowed to remain in Canada

Immigration officials fear man's safety threatened if he's sent to Iran

By: Kevin Rollason

Posted: 07/2/2009 5:02 PM | Comments: 0 (including replies)

A convicted sex offender from Iran will be allowed to stay in Canada due to fears he would be killed if deported to his homeland.

During a hearing today in Winnipeg, Michael McPhelan of the Immigration and Refugee Board of Canada, agreed Farid Noedost’s fears for his life outweigh any fears by Canadians that he may commit another crime of violence.

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In a video link from Vancouver to the Winnipeg courtroom, McPhelan ordered Noedost, 33, to comply with conditions mirroring his current parole conditions, including not being in the company of female minors and not changing his address or job without notification.

McPhelan also ordered additional conditions requested by the federal immigration minister, including meeting with immigration officials monthly and informing immigration officials if he is arrested.

Court documents show Noedost was sentenced to three years in prison in December 2007 on a charge of possession of cocaine for the purpose of trafficking. He was also given a three-year suspended sentence and probation in April 2008 on a sexual assault conviction. Two other sex assault charges were stayed by the Crown.

Noedost had been arrested in 2006 after two girls, aged 15 and 16, claimed they were abused after passing out from drugs and alcohol in Noedost's inner city apartment on three occasions. The alleged attacks were reported by Noedost's 16-year-old girlfriend, who told police she stumbled across videotape of two of the incidents. She claimed Noedost eventually destroyed the tape by throwing it in a fire.

Noedost also has prior convictions for drugs, fraud and mischief between 2000 and 2002. However, he didn't receive anything more than a fine. Noedost came to Canada years earlier as a refugee.

His deportation became mandatory after his latest sentence because it was a federal penitentiary term that exceeded two years.

"There is also a significant history of violence and hostility towards women, impulsiveness and a strong lack of concern for others along with a history of poor problem solving skills: e.g. resorting to violence towards individuals who cannot protect themselves," prison officials wrote in a recent report.

Federal immigration officials have also written that "on the balance of probabilities Mr. Noedost is a possible re-offender whose presence in Canada creates and unacceptable risk to the public."

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