Justice for Mohamed Harkat : News

Former Gitmo North detainee Mohammad Mahjoub laments loss of family

Brian — Sun, 13 May 2012 12:43:34 -0500

by Tobi Cohen
Source: The Ottawa Citizen
URL: http://www.ottawacitizen.com/news/Former+Gitmo+North+detainee+Mohammad+Mahjoub+laments+loss+family/6608736/story.html
Date: May 11, 2012

[PHOTO: Mohammad Mahjoub, the longest serving security certificate detainee in Ottawa, May 11, 2012.]

OTTAWA — Mohammad Mahjoub has no problem talking about the torture he faced in an Egyptian prison, the sexual assault he alleges occurred at a Toronto jail or the numerous hunger strikes he mounted to protest conditions at the now-shuttered Kingston Immigration Holding Centre otherwise known as Guantanamo Bay North.

Nearly 12 years after the Egyptian refugee's nightmare began when he was arrested in Toronto on a controversial security certificate on suspicion of terrorist ties, the one thing he can't bear to talk about is his family.

In an exclusive interview with Postmedia News Friday before embarking on a speaking tour to share his tale now that some restrictions have been lifted on his mobility, Mahjoub explained he is estranged from his wife, his 27-year-old stepson and his two teenage boys.

"When I was released the first time in 2007, it was very harsh on my family," he said, noting they couldn't handle the tough restrictions and constant surveillance that came with his house arrest.

"I saw the whole family almost collapse. That's why I preferred to take it on myself and I asked to go back to detention."
Five years later, he is free to travel outside Toronto for the first time, albeit with advance notice and under supervision. He laments the fact that his teenage boys, who were babies when he was arrested, had to "grow up without their dad" and while he knows they are in school and doing well, he hasn't spoken to them.

"I try my best to contact them and will continue doing so," said the 51-year-old former agricultural engineer who is not allowed to work or study and therefore survives on social assistance. "I wish the best for them and for their mom."

Despite support from activists who continue to rail against security certificates, he's made few close connections since being out on his own.

Security certificates ultimately allow the government to deport non-citizens deemed a threat to Canada or lock them up without charge if they refuse to leave. Many refuse for fear of persecution if sent home.

Although the Federal Court ruled nearly two years ago that some key evidence against him was inadmissible as it was likely derived from torture, ongoing hearings about his security certificate are on hold pending the outcome of allegations government officials violated his solicitor-client privilege by recording conversations between him and his lawyers and seizing documents and mixing them up with their own.

For now he finds it difficult to think about what he'd like to do next should his case eventually be resolved in his favour as it already has for two fellow Muslims caught up in the same process around the time of the 9/11 terror attacks in the United States.

"It's difficult to put what happened to me over the last 12 years behind my back unless I see first justice in my case," he said during an interview at his Ottawa lawyer's office.

Clearing his name and ensuring officials are held accountable for what they've put him through will be key.

As for some of the allegations against him — that he worked for a company owned by Osama bin Laden and is alleged to have ties with the Vanguards of Conquest, a radical Egyptian group that merged with al-Qaida in 2001— Mahjoub maintains he volunteered the information the government is now using against him and that it's impossible to defend himself since he's been denied full disclosure.

It's a chief complaint amongst those held on security certificates and one recognized by the Supreme Court of Canada which ruled in 2007 that they were a violation of the Charter of Rights and Freedoms. The government had a year to amend the process and did so in 2008 by allowing lawyers to be appointed as "special advocates" to review evidence behind closed doors on behalf of detainees.

Mahjoub said he's never sympathized with bin Laden and was merely an employee working in his field of expertise. He also felt no emotion, nor was he surprised when the 9/11 mastermind was killed last year during a raid by U.S. forces.

While free to return to Egypt at any time, Mahjoub said he remains fearful for his safety despite last year's revolution that led to the ouster of Egyptian president Hosni Mubarak.

As for the message he wants to share with Canadians during stops in Ottawa, Montreal, Kingston, Guelph, Kitchener-Waterloo, Toronto and London, Mahjoub said it's simple: he want's the case against him and fellow security certificate holders, Algerian refugee Mohamed Harkat and Egyptian Mahmoud Jaballah dropped.

"I am looking for justice," he said. "It's very clear to the public, to everybody who has a little bit of knowledge about the process in security certificate cases that it is not workable, it is not fair and CSIS already failed twice to meet the burden."

Security certificates against Syrian refugee Hassan Almrei and Adil Charkaoui, a Montreal man arrested in 2003 on suspicion of terrorist ties, have been quashed and both are suing the federal government.

The Federal Court of Appeal ruled last month that Harkat was entitled to a new hearing to determine if he is in fact a threat to national security as his rights were said to have been compromised after the Canadian Security Intelligence Service destroyed evidence.

Meanwhile, Jaballah's security certificate case is set to resume later this month.

Mahjoub's so-called "Twelve Year Tour" will culminate in a day of protest on June 26, the 12th anniversary of his 2000 arrest.

tcohen AT postmedia.com

www.twitter.com/tobicohen

© Copyright (c) Postmedia News

New hearing for Algerian terror suspect in Canada

Brian — Fri, 27 Apr 2012 22:51:57 -0500

Source: Agence France Presse
URL: http://www.google.com/hostednews/afp/article/ALeqM5jmQuurrx0hvwuzVFjEJAD0uCDs3Q?docId=CNG.aeb1d62d09ca889292053f2d9259dfba.401
Date: April 25, 2012

OTTAWA — A Canadian appeals court on Wednesday ordered a new hearing for a former Ottawa pizza delivery man declared to be a security threat with links to Al-Qaeda, effectively delaying his deportation to Algeria.

The Federal Court of Appeal ruled that telephone intercepts be excluded from evidence in the case of Mohamed Harkat, a 44-year-old Algerian first detained in 2002 on suspicion of links to the global terror network.

Harkat spent nearly four years in jail under a rarely-used national security measure, and has since 2006 been subject to strict bail conditions.

A lower court ruled in 2010 that Harkat was likely an Al-Qaeda sleeper agent who remained a national security threat, while Canada's immigration minister vowed to deport him.

But in Wednesday's ruling, the appeals court agreed with the argument made by defense lawyers that the Canadian spy agency's routine destruction of the original tapes amounted to a breach of process.

The case now goes back to the Federal Court to reconsider.

Defense lawyer Matthew Webber said the exclusion of transcripts of the intercepts would have a "profound effect" on the case.

"Of the public material that we saw, it's the pivotal evidence," echoed fellow legal counsel Norman Boxall at a press conference, describing the transcripts as "tattered remnants" filled with inaccuracies.

Harkat has denied terror links, and claimed he fled Algeria over a crackdown on a political party to which he belonged, the now-defunct and banned Islamic Salvation Front (FIS).

He testified that he came to Canada as a refugee in 1995 after spending five years in Pakistan as an aid worker.

"This gives me hope to clear my name and live another day... and hope justice will prevail someday," Harkat said Wednesday.

"It's not over, but... I see the light at the end of the tunnel."

In its decision, the Federal Court of Appeal also upheld disputed provisions of Canada's immigration law that allow secret court hearings and indefinite jailing of foreigners suspected of terror ties, without charge.

Copyright © 2012 AFP. All rights reserved.

©2012 Google.

Photos From Our Recent Press Conference

Brian — Fri, 27 Apr 2012 22:45:33 -0500

by Julie Oliver
Source: The Ottawa Citizen
Date: April 25, 2012

Mohamed Harkat smiles at a press conference in Ottawa, April 25, 2012. Photo by Julie Oliver for The Ottawa Citizen. All rights reserved.

See more of Julie Oliver's photos of the press conference.

Minor victory for Harkat in fight against deportation

Brian — Thu, 26 Apr 2012 17:50:16 -0500

by Michael Aubry
Source: The Ottawa Sun
URL: http://www.torontosun.com/2012/04/25/minor-victory-for-harkat-in-fight-against-deportation-2
Date: April 25, 2012

OTTAWA - Suspected terrorist Mohamed Harkat made significant headway in his fight against deportation on Wednesday.

The Federal Court of Appeal overturned electronic phone record evidence that Harkat’s lawyer said was pivotal in the case against him.

The records were recorded by CSIS and were said to pin terrorist ties to Harkat, but they’ve since been destroyed.

A three-panel judge said the records could no longer be used against him because he must be able to know what evidence is arrayed against him.

“My first response, my eyes started tearing down and my heart started pounding hard and I was shocked,” Hakart said.

“One day,, I’m going to clear my name. It gave me hope.”

But on Wednesday the Court of Appeal upheld the use of “special advocates,” who represent Harkat and are shown secret evidence denied to Harkat’s lawyers.
“While we are pleased to see that the court did find that there were some glaring problems with respect to Mr. Harkat’s case, we are also disappointed that the court did not find unconstitutional the secret trial process,” said Matthew Behrens, a member of the Campaign to Stop Secret Trials.

Harkat said he’s been nervous ever since he found out the decision was coming down the pipe.

“I couldn’t sleep, I had a hard time to adjust,” he said. “Today is back to normal. I’m glad the appeal came to this decision, it has helped me clear my name and declare I’m innocent.”

The Algerian-born Harkat was arrested in Ottawa in 2002 and detained for three and a half years on a security certificate alleging he was connected to Osama bin Laden’s terrorist network and a risk to national security. He has consistently denied the allegations.

Since his release from custody, he has been battling efforts to deport him to Algeria, where he alleges he’ll be tortured, and has said the security certificate process is unconstitutional because it prevents him from seeing secret evidence in the case.

While Harkat is under house arrest, he must wear a GPS-tracking wristband, he can’t use the internet or the telephone, and he can’t leave Ottawa without the Canadian Border Service Agency’s approval.

Harkat’s lawyers earlier argued that secret proceedings, the destruction of original material by CSIS and the limitations of special advocates meant he could not effectively challenge his case, a violation of the Canadian Charter of Rights and Freedoms.

The decision to disallow the electronic evidence will send the case back to a federal trial judge, prolonging Harkat’s more than 10-year ordeal.

Timeline: Harkat court battle

Significant dates in the Mohamed Harkat case:

Dec. 10, 2002 -- Harkat is arrested outside his Ottawa apartment on a security certificate issued on the recommendation of CSIS.

Oct. 25, 2004 -- A hearing to determine the validity of the security certificate begins.

Dec. 10. 2004 -- The Federal Court of Appeal upholds a 2003 decision that declared the use of security certificates constitutional.

March 22, 2005 -- Federal Court Justice Eleanor Dawson upholds Harkat's security certificate.

Sept. 6, 2005 -- Federal Court of Appeal upholds security certificate.

Jan, 19, 2006 -- Top court agrees to hear Harkat's appeal.

Feb. 23, 2007 -- The Supreme Court rules security certificates unconstitutional, gives the government a year to rewrite the law.

Oct. 20, 2009 -- Federal Court Justice Simon Noel chastises CSIS for "filtering evidence" in failing to tell the court that an informant failed a 2002 lie detector test.

Feb. 1, 2010 -- Harkat takes the stand in his own defence.

June 2, 2010 -- Federal Court proceedings wrap up.

December 2010 -- Justice Noel gives Harkat deportation orders to be sent back to Algeria. Harkat appeals the decision, with his lawyers agruing the secret trial process violated his Charter rights.

Jan. 21, 2010 -- Harkat appeals to the Federal Court of Appeal to strike down the security certificate program because it's unconstitutional.

April 15, 2012 -- The court of appeal upholds his security certificate for a second time, but disallows key phone record evidence against Harkat, sending him back to a new federal trial.

Copyright © 2012 All rights reserved.

Harkat deserves new hearing, federal appeal court rules

Brian — Thu, 26 Apr 2012 17:47:47 -0500

by Andrew Duffy and Don Butler
Source: The Ottawa Citizen
URL: http://www.ottawacitizen.com/news/Harkat+deserves+hearing+appeal+court+rules/6517088/story.html
Date: April 26, 2012

[PHOTO: Mohamed Harkat, centre, with lawyers Matt Webber, left, and Norm Boxall, holds a press conference Wednesday in Ottawa after the Federal Court of Appeal said he deserves a new hearing to determine if he’s a threat to national security.]

OTTAWA — Mohamed Harkat has been sleeping poorly of late. The Ottawa man knew the Federal Court of Appeal was about to make a decision that could have life or death consequences for him.

Depending on how the court ruled, Harkat — who was arrested in 2002 on a security certificate and has been in prison or under house arrest ever since — was facing deportation to his native Algeria, where he feared he would be tortured or killed.

That threat receded Wednesday — perhaps for good — after the appeal court ruled that Harkat, 43, deserves a new hearing to determine if he’s a threat to national security.

“It’s not over, but at least one day I’m going to see the light at the end of the tunnel,” said a visibly relieved Harkat, who couldn’t seem to stop smiling.

“It gives me another day to breathe on this earth. It’s just a matter of time to clear my name and declare I’m innocent.”

The appeal court found Harkat’s right to a fair hearing was compromised by the Canadian Security Intelligence Service (CSIS), which destroyed recordings of taped conversations from the mid-1990s.

The original recordings were destroyed in keeping with what was then internal policy at the CSIS. Analysts prepared written summaries of the conversations, which became key evidence at Harkat’s hearing.

Federal Court Judge Simon Noël relied on those classified summaries in 2010 when he determined that Harkat was an al-Qaeda agent who maintained contact with Islamic extremists such as Canadian Ahmed Said Khadr, a key al-Qaeda figure, and Abu Zubaydah, a facilitator in the Osama bin Laden network.

Harkat received a more limited summary — a “summary of the summaries” — of the wiretapped conversations. The appeal court, however, said Harkat deserved more since his right to a fair trial was compromised by the destruction of the original tapes.

“The summaries are the remnants of the destroyed originals. They are the problem, not the solution,” said Justice Gilles Létourneau, writing for the panel.

To remedy the problem, the appeal court ordered Noël to reconsider the case without the benefit of those summarized conversations in which Harkat was not one of the speakers.

That way, the court reasoned, Harkat will be able to point out inconsistencies or other problems with conversations in which he was involved.

The ruling means Noël will have to reconsider the case with a more limited collection of evidence. It’s conceivable that a new judge will start the case from scratch.

It will be the third time that a Federal Court judge must rule on whether the government made a reasonable decision in declaring Harkat a threat to national security.

Harkat has twice been found by the Federal Court to be an al-Qaeda sleeper agent, but both of those “reasonableness” rulings have now been overturned.

Harkat learned of the latest decision from Matt Webber, one of his lawyers, who called his house Wednesday morning. “My eyes started tearing down and my heart started pounding hard,” he told reporters. “I was actually worried that the decision was coming today, because my life’s on the line.”

Harkat remains under house arrest, required to wear a GPS device at all times. He’s forbidden to use the Internet or a cellphone, cannot leave Ottawa without permission and must report weekly to the Canadian Border Services Agency. In fact, Wednesday was his day to check in with the CBSA.

“I’m still living under really hard restrictions,” Harkat said. But after Wednesday’s decision, “I’m hopeful for the future. I would like to have children like anybody else, and live a normal life.”

That future remains uncertain. But Webber and Harkat’s other lawyer, Norm Boxall, were both optimistic that their client will win his case on its merits at the new hearing.

Boxall called the excluded conversation summaries “pivotal evidence,” while Webber said they were instrumental in Noël’s finding that issuing a security certificate in Harkat’s case was reasonable. “Without those conversations, we’re optimistic that the ultimate result should be very different,” he said.

The appeal court also overturned Noël’s decision to grant CSIS sources a “class privilege,” a special legal status which meant they did not have to face cross-examination, even in a closed courtroom.

Wednesday’s ruling was not an unblemished success for Harkat’s legal team, however. To their dismay, the appeal court upheld the constitutionality of the revised security certificate regime. The law, remade by Parliament in 2008, is used to deport foreign-born terror suspects from Canada.

“The revised Act provides the judge with the necessary tools to ensure a fair process,” wrote Létourneau.

Not surprisingly, Harkat’s lawyers disagree. “We remain convinced that this regime is unconstitutional,” Boxall said. “It’s just not enough to be advised in a hearsay fashion of some summary of the case. You have to be able to meet and challenge a case to have a real right to act in your own defence.”

Should Harkat lose his case at the new hearing, Boxall said he would seek leave from the Supreme Court for a definitive ruling on the law’s constitutionality.

The previous version of the security certificate law was ruled unconstitutional by the Supreme Court in February 2007.

The new iteration of the law gives defendants the right to be represented in secret hearings by security-cleared lawyers known as special advocates. They’re also shown more government evidence than in the past.

Harkat’s lawyers argued the new law did not go far enough, and continued to leave the terror suspect in the dark about key details of the government’s case.

What’s more, they said the government made it impossible to meaningfully challenge key wiretap recordings.

Without the original tapes, Harkat’s lawyers said they couldn’t challenge the accuracy of translations or put the conversations into context.

CSIS relied on at least two sources in building its case against Harkat. One of the sources failed a lie-detector test in 2002, a fact that was not disclosed in court until May 2009.

Noël ultimately decided that the source’s information could only be relied upon if corroborated.

But the appeal court noted that some of the summarized conversations at issue in the case involved the same source, identified only as XXX. And some of the corroborating evidence that Noël relied upon, the appeal court noted, “is significantly more limited than XXX’s information had been.”

Harkat, a former pizza delivery man and gas station attendant, has lived in Ottawa since September 1995. He came to Canada from Pakistan, where he lived for five years after fleeing his native Algeria.

Noël found that Harkat, while living in Pakistan, operated a guest house for a Saudi-born terrorist, Ibn Khattab, and maintained links to Al Gamaa Al Islamiya and Islamic extremist group in Egypt.

In Canada, according to Noël, Harkat used the methods of a sleeper agent and maintained contact with Islamic extremists.

Harkat is one of three men still in the security certificate process. The other two, Mohamed Majoub and Mahmoud Jaballah, are both under house arrest. A hearing for Majoub is currently under way and Jaballah’s hearing is scheduled to resume in May.

Two other men, Adil Charkaoui, of Montreal, and Hassan Almrei, of Toronto, have had their security certificates quashed. Both men are now suing the federal government for millions in damages.

The government deployed security certificates with some regularity between 1991 and 2003. But it has issued just one in the past decade, arresting a suspected Russian spy in 2006. He was subsequently deported.

Matthew Behrens, of the Campaign to Stop Secret Trials in Canada, said the government has backed away from security certificates because the political climate has changed.

“Once people found out that people like Mr. Harkat and Mr. Majoub and Jaballah and others were being subjected to this Star Chamber medieval process, a lot of people got very upset,” he said.

Though CSIS “continues to play up paranoia and threats,” Behrens said, “I think they can smell the public opinion that says these things are simply unacceptable.”

© Copyright (c) The Ottawa Citizen

Terror suspect wins partial court victory

Brian — Thu, 26 Apr 2012 17:44:49 -0500

by Mike Blanchfield (CP)
Source: Metro News Ottawa
URL: http://metronews.ca/news/canada/118772/terror-suspect-wins-partial-court-victory/
Date: April 25, 2012

[PHOTO: Mohamed Harkat takes part in a press conference in Ottawa on Wednesday, April 25, 2012. Harkat, a suspected terrorist that the federal government wants to deport, has won a partial victory before the Federal Court of Appeal. ]

OTTAWA – A man the federal government wants to deport over alleged ties to al-Qaida has won a partial victory at the Federal Court of Appeal.

In a complex ruling Wednesday, the court upheld the constitutionality of Canada’s security certificate process in the case of Mohamed Harkat. But it also found that some evidence against him must be excluded from a new court hearing.

The former Ottawa pizza-delivery man faces removal from Canada under a certificate that declares him a security threat because of alleged terrorist links. He denies any terror connection.

Harkat and his lawyers greeted the ruling as good news because it gives him another chance to clear his name at a new Federal Court hearing at a later date.

He lives under house arrest with his wife, Sophie, under a strict set of conditions that includes wearing an electronic tracking bracelet on his ankle, weekly reporting to authorities and a ban on leaving town without permission.

The court ruled that the use of so-called special advocates — lawyers appointed as watchdogs for the accused during closed-door hearings — is constitutional.

But it also said that because the originals of certain conversations were destroyed by Canada’s spy agency, any remnants of that material must be excluded from a re-hearing of Harkat’s bid to quash the security certificate against him.
Harkat’s lawyers said the exclusion of that pivotal evidence means that their client has a good chance of succeeding when the Federal Court reconsiders the case.

“We believe this will have a profound effect for the good of our client,” said lawyer Matt Webber.

Lawyer Norm Boxall said he is happy for Harkat but “we remain solidly of the belief this (security certificate) regime is unconstitutional,” he said.

Public Safety Minister Vic Toews said he was pleased with the ruling because it upheld the constitutionality of the security certificate system.

Toews called the security certificate “an important tool in an array of tools.”

The minister declined to comment further, saying the case is still before the courts.

Harkat, 43, was arrested more than nine years ago on suspicion of being an al-Qaida sleeper agent, although he denies any involvement in terrorism.

If Harkat is successful in his next legal challenge, the federal government could continue to appeal the case, possibly to the Supreme Court of Canada.

Boxall said it would be “disappointing and unfair” for the government to pursue the case, given that the bulk of the evidence against Harkat has now been excluded.

Wednesday’s ruling “solves the issue” for Harkat, said Boxall.

“But the issue for the process itself and continued proceedings with secret evidence that remains for another day with a final word on it,” said Boxall.

Harkat appeared emotional at times at a news conference after his lawyers obtained a copy of the ruling.

“It gives me another day to breathe on this earth,” he said.

“It’s not over but at least one day I’m going to see the light at the end of the tunnel.”

The Supreme Court of Canada struck down the security certificate system five years ago, saying it violated the Charter of Rights and Freedoms.

In 2008, the government revamped the process and reissued certificates against Harkat and others.

A major change was the addition of the special advocates.

A judge ruled in late 2010 that the retooled system was constitutional, a ruling that was upheld Wednesday.

Copyright 2001-2012, Free Daily News Group Inc.

Mohamed Harkat remporte une victoire partielle en Cour fédérale d'appel

Brian — Thu, 26 Apr 2012 08:48:43 -0500

Source: Radio-Canada
URL: http://www.radio-canada.ca/regions/ottawa/2012/04/25/009-harjat-victoire-partielle.shtml
Date: 25 avril 2012

Mohamed Harkat après le jugement de la Cour fédérale d'appel.

Mohamed Harkat, soupçonné d'être un agent d'Al-Qaïda, remporte mercredi une victoire partielle en Cour fédérale d'appel.

Le tribunal confirme la constitutionnalité du système canadien des certificats de sécurité dans le dossier de Harkat.

La cour estime toutefois que certaines preuves déposées contre Harkat devront être exclues d'un nouvel examen du certificat de sécurité contre lui.

Le tribunal juge que les enregistrements originaux de ces conversations ont été détruits par les autorités.

Par ailleurs, la Cour fédérale d'appel juge constitutionnel le recours aux "avocats spéciaux" responsables de veiller aux intérêts de l'accusé lors d'audiences à huis clos.

Réactions des proches de Harkat

Le jugement est bien accueilli par le Comité justice pour Mohamed Harkat.

« Ça veut simplement dire qu'il ne sera pas déporté demain matin. Ce n'est pas fini. Le cauchemar pour lui continue. » — Christian Legeais, porte-parole du Comité justice pour Mohamed Harkat.

Sophie Harkat, la femme du principal intéressé, se dit pour sa par surprise par la décision du tribunal. Elle est soulagée, mais est consciente que les démarches sont loin d'être terminées.

« Ce n'est pas la décision idéale pour nous, parce que ça va encore étirer les choses. On veut abolir ce processus-là parce qu'un processus comme ça dans
une démocratie ne devrait pas exister. » — Sophie Harkat, la femme de Mohamed Harkat

Le résident d'Ottawa pourrait être expulsé du Canada en vertu d'un certificat selon lequel il représente une menace à la sécurité, en raison de ses présumés liens terroristes.

L'homme de 43 ans, d'origine algérienne, a été arrêté en 2002, mais il nie toute activité terroriste. Il a été remis en liberté sous des conditions très strictes.

En complément

Audio - Le journaliste René Hardy donne les détails du jugement de la Cour fédérale d'appel dans le dossier de Mohamed Harkat.

Vidéo - Le journaliste Gilles Taillon explique la décision de la Cour fédérale d'appel dans le dossier de Mohamed Harkat.

Tous droits réservés © Société Radio-Canada 2012.

CBC: Harkat wins partial victory in terrorism case

Brian — Thu, 26 Apr 2012 08:43:02 -0500

Source: CBC News
URL: http://www.cbc.ca/news/canada/ottawa/story/2012/04/25/harkat-security-certificate-federal-court-of-appeal.html
Date: April 25, 2012

Mohamed Harkat is no closer to deportation today after the Federal Court of Appeal in Ottawa ordered his case back to a federal court judge, saying some of his rights had been violated.

Harkat, a former Ottawa pizza delivery man, was arrested in 2002 and is facing removal from Canada under a certificate that declares him a security threat due to alleged terrorist links. Mohamed Harkat has been in and out of court fighting a deportation order since his arrest in 2002.

A judge who scrutinized the certificate said Harkat maintained ties to Osama bin Laden's terror network, including Ahmed Said Khadr — the late father of Toronto's Omar Khadr, who has spent years in a U.S. prison at Guantanamo Bay, Cuba. Harkat, 43, has repeatedly denied any involvement with political extremism.

His lawyers argued to the Federal Court of Appeal that the security certificate system was unconstitutional, and said Harkat's rights were violated during the process because he was denied access to the evidence against him.

The three-judge panel found Harkat's rights were violated because he was denied access to electronic recordings that have since been destroyed.

The summaries of that evidence can now no longer be used against Harkat and requires the case to be reheard by the judge, said Court of Appeal Judge Gilles Létourneau in a written decision.

The panel also found that the judge erred in finding CSIS informers fall into a privileged class who are granted conditions of anonymity.

Security certificates constitutional

But the court did rule the current security certificate system is constitutional.

The original security certificate system was thrown out by the Supreme Court five years ago, but revamped to include so-called special advocates — lawyers who serve as watchdogs and test the evidence on behalf of the defendant, but who are limited in their ability to pursue evidence beyond what they are presented.

Wednesday's ruling is likely to be appealed.

Harkat claims he's a refugee from Algeria and that he would be tortured if he's sent back.

He lives at home with his wife, Sophie, but continues to wear an electronic tracking bracelet on his ankle, must check in with authorities weekly and cannot leave town without permission.

Copyright © CBC 2012

Accused terrorist Harkat wins partial victory on appeal

Brian — Wed, 25 Apr 2012 13:06:15 -0500

Source: CTV News
URL:
Date: April 25, 2012

[PHOTO: Mohamed Harkat is shown as he leaves Canada Border Services Agency after receiving his deportation papers in Ottawa Friday Jan. 21, 2011.]

Both the federal government and suspected terrorist Mohamed Harkat can claim partial victories, after the Federal Court of Appeal issued a complex ruling Wednesday on the process that placed Harkat under a security certificate.

In its ruling, the court upheld the constitutionality of the government's security certificate process.

However, it referred Harkat's case for a new hearing because the Ottawa man was not privy to the full contents of recorded evidence used against him. Those recordings have since been destroyed in keeping with policy of the Canadian Security Intelligence Service.

The court said only the recorded conversations that Harkat was privy to may be used as evidence.

The court also ruled that it was wrong for Harkat's trial judge to create a special "class privilege" for CSIS informers that guaranteed them rights to confidentiality and anonymity similar to police informants.

The Ottawa gas station attendant and pizza delivery man was arrested in December 2002 on accusations that he had affiliation with al Qaeda, allegations he denies.

His lawyers have also been fighting a deportation order to Harkat's native Algeria.

© 2012 CTV All rights reserved.