MONTREAL (CP) - Security certificates used to detain suspected terrorists like Adil Charkaoui are constitutional, the Federal Court of Appeal ruled Friday.

The three-judge panel upheld the December 2003 decision of Federal Court Justice Simon Noel that sections of the Immigration and Refugee Protection Act allowing these certificates are constitutional.

Charkaoui, 31, has been jailed since May 2003 and has lost three bids for bail. The Canadian government has accused him of being a so-called sleeper agent for terrorist group al-Qaida.

His lawyers appealed the lower court ruling, arguing among other things that Noel didn't have the jurisdiction to determine the constitutional questions.

"But the appellant has been unable to demonstrate that the procedure for reviewing the reasonableness of the security certificate issued against him. . .do not meet the requirements of the Charter. . .," concluded the Federal Court of Appeal in an 89-page ruling.

Federal authorities want the landed immigrant deported to his native Morocco. His supporters say he faces torture upon his return.

Charkaoui was surprised with the ruling, his lawyer Johanne Doyon said in an interview.

"He was disappointed of course," she said of their morning telephone conversation.

Doyon said she was surprised by the unanimity of the justices given some of them questionned during the hearing how a person could defend himself against secret evidence.

"All the points are dismissed," she said. "They are not even taking one argument presented to them."

Charkaoui's lawyers, who are being paid by legal aid, plan to seek leave to appeal to the Supreme Court of Canada.

"We are still against their position, that it is in accordance with the Charter. We don't believe it could be."

Doyon said she hopes the national importance of the case will persuade the high court to hear the appeal.

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