Medhani Yohans does not appear concerned about violating bail or probation conditions. The Eritrean refugee has repeatedly breached court orders with little consequence and no indication of removal from Canada.
Another guilty plea
Yohans, 37, pleaded guilty to breaching bail in a Guelph courtroom on Monday, as reported by Guelph Today. He was sentenced to nine months in jail, with time served reducing the remaining term to about 70 days. Justice Matthew Stanley also imposed a three-year ban from downtown Guelph and ordered three years of probation.
“The sentence today, this is not for what he might do, it can only be for what has done,” Stanley told Yohans, who used a Tigrinya interpreter.
Probation violation
This most recent sentence stems from a probation order issued on Feb. 2. Under its conditions, Yohans was prohibited from being within 100 metres of an unnamed individual’s home, workplace, or frequented locations. He violated that order just one hour after his release.
According to Guelph Today, Yohans went to the probation office seeking Ontario Works assistance. He was advised to take a longer route to avoid breaching probation. Instead, he passed in front of the restricted establishment and was arrested four minutes later.
High-risk offender designation
Crown attorney Josh White noted the violation. Judge Stanley acknowledged that walking past a commercial establishment might seem minor, but emphasized that Yohans’ lengthy criminal record, including multiple related convictions, made the offence serious. “It raises that difficult balance between protection of the public and respect for the law,” Stanley said.
Yohans’ criminal history dates back to Jan. 11, 2023, when he entered a three-year peace bond following an incident at the complainant’s workplace. Police have repeatedly warned the public about his release, describing him as a high-risk offender with a history of violence, including sexual assaults on two strangers. One victim reportedly remains fearful.
Immigration challenges
Yohans is not a Canadian citizen, struggles with English, has a lengthy criminal record, and suffers from major mental illness. He was smuggled into Canada via Europe. His lawyer, Nicholas Gehl, argued that deportation would send him to a volatile situation in Eritrea.
Judge Stanley acknowledged potential immigration consequences but stated, “This court does not deal with the immigration issue directly. While I can consider it as a collateral consequence, it doesn’t enable me to impose an otherwise inappropriate sentence.”
A Canada Border Services Agency source told the Toronto Sun in February that a deportation order exists for Yohans, but he cannot be removed because he is a protected person. The source explained that only a Danger Opinion could override that status. “We tried getting one and were shot down by headquarters. Apparently, his sexual assault convictions aren’t enough to label him a Danger,” the source said.
