CALGARY — A refugee who has been convicted of trafficking large amounts of fentanyl and methamphetamine as well as sexual assault has been given more time to appeal his conviction and avoid deportation by a judge who donated thousands of dollars to the Liberal Party before his appointment to the bench.Alberta Court of Appeal Justice Kevin Feth granted Mahir Yahya Sharif an extension to appeal his 2022 convictions, finding that denying him the opportunity could expose him to the “unduly punitive effect” of deportation based on guilty pleas Sharif would not have entered “had he been properly informed,” as well as deportation to a dangerous country he does not know [Somalia] and that does not want him.Feth’s donation history to the Liberal Party of Canada and its entities previously placed him eighth on the Western Standard’s list of the top ten Liberal Party donors now serving on Alberta’s highest courts..TOP TEN: Liberal Party donors now serving on Alberta's highest courts .The former president of the Law Society of Alberta was elevated to the Alberta Court of Appeal in 2023. Before joining the judiciary, Feth donated $8,861.51 to the Liberals between 2004 and 2015.“My lawyer also told me that I likely would not be deported after pleading guilty because the charges were not serious,” Sharif said, adding he didn’t know sexual assault convictions or a sentence exceeding six months could make him inadmissible to Canada and eliminate his ability to appeal a removal order.“At the time I pled guilty, I was terrified of being sent to Somalia," he said."I believed I would be imprisoned in Somalia because I am unable to speak Somali and have no connections in that country. I believed I would be killed in Somalia due to my clan. I still believe this is the case.”.According to the National Post, in 2019, then 19-year-old Sharif came to Canada through the refugee resettlement program and later became a permanent resident, but is now facing removal to Somalia after federal immigration officials found him inadmissible for serious criminality and a danger to the Canadian public.His convictions included trafficking large quantities of methamphetamine and fentanyl to undercover officers and sexually assaulting another patient while both were in a psychiatric facility.Feth’s July 27 decision notes that Sharif has a “history of schizophrenia, aggravated by substance use that apparently started after coming to Canada."Sharif — who was born in Saudi Arabia in 1999 after his parents fled Somalia — has also pleaded guilty to tax fraud, theft under $5,000 and mischief.In his ruling, Feth raised concerns about how immigration officials assessed the risks Sharif could face if removed, adding that Somalia has refused to issue him travel documents.“The decision to remove Mr. Sharif given his mental health condition and concomitant needs is harsh,” Feth wrote.“His removal may well result in serious risks to his safety.”.Ottawa falls short on deportations as 33,000 foreign fugitives remain in Canada .The justice concluded that, given the potential consequences and Sharif’s claim that he was not properly advised by counsel before entering a guilty plea, he should be given more time to appeal his convictions.In May 2025, a delegate of Immigration Minister Lena Diab concluded Sharif was inadmissible to Canada and that his criminal activities were both “serious and dangerous to the public.” The delegate also cited a lack of evidence of rehabilitation as well as Sharif’s difficulty following rules.The delegate concluded there was a “less than reasonable chance” Sharif would face danger in Somalia and determined humanitarian considerations were outweighed by the risk he posed to Canadians.Sharif was subsequently transferred into Canada Border Services Agency custody to await deportation in June 2025.Earlier this year, he unsuccessfully challenged his removal through the Federal Court as well as the Ontario Court of Appeal.
