Terror suspect wins partial court victoryposted on April 26, 2012 | in Category Security Certificates | by Brian
Source: Metro News Ottawa
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.
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