by Colin Perkel
Source: The Gobe and Mail
URL: [link]
Date: November 4, 2008
TORONTO — It's simply too soon to decide whether parts of Canada's new national security legislation might be unconstitutional, a Federal Court judge ruled yesterday.
Chief Justice Allan Lutfy said that he did not have a factual basis to decide whether the revamped law tramples the rights of foreigners detained as suspected terrorists under national security certificates.
"This constitutional motion is supported with little, if any, adjudicative facts or evidence," the court held. "The motion is substantially based on legislative facts or ... constitutes a 'facial constitutional challenge' of the impugned provisions in the new legislation."
At issue are gag orders that apply to security-cleared lawyers known as special advocates, appointed to test the government's secret intelligence used against detainees.
[ Read the rest ... ]
Judge upholds security legislation
posted on November 06, 2008 | in Category Security Certificates | PermaLinkCSIS agent to outline case against Harkat
posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink
by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: November 04, 2008
Terror trial shrouded in secrecy set to hear rare public testimony
For the first time in six years, a national security agent is expected to testify today in public as to why the federal government considers Mohamed Harkat a terrorist.
Mr. Harkat was arrested in December 2002 on the strength of a security certificate that declared him a threat to Canada.
Until now, however, the evidence against him has been presented in secret hearings, or through the release of written briefs.
Mr. Harkat is in Federal Court this week for a hearing to determine whether government ministers made a reasonable decision in labelling him an al-Qaeda sleeper agent.
A similar hearing in 2005 upheld the case against Mr. Harkat, but that finding was later overturned by the Supreme Court.
The high court ruled that the process was so secretive that it frustrated Mr. Harkat's ability to defend himself.
This time, Mr. Harkat has been represented in the secret portion of the reasonableness hearing by two special advocates acting on his behalf.
The public portion of the case is expected to hear today from a Canadian Security Intelligence Service witness, who will outline the spy agency's evidence against Mr. Harkat.
[ Read the rest ... ]
Fear of deportation keeps me honest: Harkat
posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink
by Andrew Duffy, Canwest News Service
Source: The Ottawa Citizen
URL: [link]
Date: November 05, 2008
OTTAWA - Accused terrorist Mohamed Harkat says he can be trusted not to violate any bail conditions because he's so scared of being deported to Algeria.
Harkat has asked Federal Court Justice Simon Noel to ease his strict bail terms and permit him to remain home alone.
He told court Wednesday he knows any misstep would disappoint his family and supporters, put him back in jail and increase the likelihood of his deportation.
"My life is on the line," Harkat testified. "If I am deported to Algeria, it's a nightmare: I look at it like an execution."
The federal government has issued a security certificate against Harkat that declares him an al-Qaida member and a danger to national security.
[ Read the rest ... ]
Source: The Ottawa Citizen
URL: [link]
Date: November 05, 2008
OTTAWA - Accused terrorist Mohamed Harkat says he can be trusted not to violate any bail conditions because he's so scared of being deported to Algeria.
Harkat has asked Federal Court Justice Simon Noel to ease his strict bail terms and permit him to remain home alone.
He told court Wednesday he knows any misstep would disappoint his family and supporters, put him back in jail and increase the likelihood of his deportation.
"My life is on the line," Harkat testified. "If I am deported to Algeria, it's a nightmare: I look at it like an execution."
The federal government has issued a security certificate against Harkat that declares him an al-Qaida member and a danger to national security.
[ Read the rest ... ]
Le cas de Mohamed Harkat de retour devant les tribunaux
posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink
par Philippe Orfali
Source: Le Droit
URL: [link]
Date: 3 novembre 2008
Le cas du présumé terroriste canadien Mohamed Harkat sera de retour devant les tribunaux, ce matin, cette fois à la Cour suprême.
« Aujourd'hui, on entame soit notre procès public, soit la révision des conditions qui entourent son assignation à résidence », a dit la femme de M. Harkat, l'ottavienne Sophie Lamarche-Harkat.
« On espère que le procès public ne commencera pas. Nos avocats n'ont actuellement pas accès aux preuves secrètes que prétend détenir le Service canadien du renseignement de sécurité (SCRS) », a dit Mme Lamarche-Harkat.
Mais près de six mois pourraient s'écouler avant que ces renseignements soient rendus publics par le SCRS. À la mi-septembre, le juge Simon Noël de la Cour fédérale ordonnait au Service de divulguer une partie de ce matériel, dont des ébauches écrites, des diagrammes, des enregistrements et des photographies en lien les prétendues activités de M. Harkat, un ancien livreur de pizza.
[ Read the rest ... ]
Source: Le Droit
URL: [link]
Date: 3 novembre 2008
Le cas du présumé terroriste canadien Mohamed Harkat sera de retour devant les tribunaux, ce matin, cette fois à la Cour suprême.
« Aujourd'hui, on entame soit notre procès public, soit la révision des conditions qui entourent son assignation à résidence », a dit la femme de M. Harkat, l'ottavienne Sophie Lamarche-Harkat.
« On espère que le procès public ne commencera pas. Nos avocats n'ont actuellement pas accès aux preuves secrètes que prétend détenir le Service canadien du renseignement de sécurité (SCRS) », a dit Mme Lamarche-Harkat.
Mais près de six mois pourraient s'écouler avant que ces renseignements soient rendus publics par le SCRS. À la mi-septembre, le juge Simon Noël de la Cour fédérale ordonnait au Service de divulguer une partie de ce matériel, dont des ébauches écrites, des diagrammes, des enregistrements et des photographies en lien les prétendues activités de M. Harkat, un ancien livreur de pizza.
[ Read the rest ... ]
Harkat terror case to go ahead, despite lag in disclosure
posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink
Source: The Canadian Press
URL: [link]
Date: November 3, 2008
OTTAWA - The court case against accused terrorist Mohamed Harkat is going ahead, even though the government has yet to hand over material it's been ordered to provide to the defence.
Justice Simon Noel of Federal Court rejected an effort by Harkat's lawyers Monday to put off further hearings until the Canadian Security Intelligence Service makes the previously secret information available.
Noel said it would be better to get things started, even if it means a full airing of some issues has to wait until later.
The Algerian-born Harkat, a former pizza delivery man, is accused by CSIS of being an al-Qaida agent who should be deported as a security risk. He denies any terrorist ties.
The allegations against him were upheld by a Federal Court judge in 2005, but the Supreme Court of Canada threw out the findings because the excessive secrecy of the process infringed the Charter of Rights.
[ Read the rest ... ]
URL: [link]
Date: November 3, 2008
OTTAWA - The court case against accused terrorist Mohamed Harkat is going ahead, even though the government has yet to hand over material it's been ordered to provide to the defence.
Justice Simon Noel of Federal Court rejected an effort by Harkat's lawyers Monday to put off further hearings until the Canadian Security Intelligence Service makes the previously secret information available.
Noel said it would be better to get things started, even if it means a full airing of some issues has to wait until later.
The Algerian-born Harkat, a former pizza delivery man, is accused by CSIS of being an al-Qaida agent who should be deported as a security risk. He denies any terrorist ties.
The allegations against him were upheld by a Federal Court judge in 2005, but the Supreme Court of Canada threw out the findings because the excessive secrecy of the process infringed the Charter of Rights.
[ Read the rest ... ]
Harkat headed back to court
posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink
By Aedan Edan Helmer, Sun Media
Source: The Ottawa Sun
URL: [link]
Date: November 3, 2008
Crown to call two witnesses in bail review
OTTAWA -- Mohamed Harkat will be back in court this morning for a review of his bail conditions, and new evidence might be presented by the Crown for the first time in years.
The Algerian-born Harkat was arrested on December 10, 2002, under a security certificate, and after spending 43 months in detention, has remained under house arrest with some of the toughest bail conditions in Canadian history.
The Canadian Security Intelligence Service has maintained the evidence against Harkat could compromise national security, and it has remained tightly guarded from Harkat's team of lawyers.
[ Read the rest ... ]
Harkat asks court to trust him; judge wonders why
posted on November 05, 2008 | in Category Mohamed Harkat | PermaLink
by The Canadian Press
Source: CTV News
URL: [link]
Date: November 5, 2008
OTTAWA -- Accused terrorist Mohamed Harkat says he needs his stringent bail conditions relaxed -- and he promises he can be trusted to behave himself if Ottawa will agree to ease the rules.
But a Federal Court judge is expressing reservations on that point, saying Harkat has not always told the truth.
Justice Simon Noel notes that another judge ruled in 2005 that Harkat had lied on several occasions to the Canadian Security Intelligence Service.
Noel asked Harkat bluntly what reason there is to trust him now if his bail conditions are modified to allow him more freedom.
Harkat replied that, in his past questioning by CSIS, he was scared of the security service and hampered by his imperfect English.
It's a different situation now, he told Noel, insisting that since his release from custody a little more than two years ago he's done his best to earn people's confidence.
© 2008 CTVglobemedia All Rights Reserved.
Source: CTV News
URL: [link]
Date: November 5, 2008
OTTAWA -- Accused terrorist Mohamed Harkat says he needs his stringent bail conditions relaxed -- and he promises he can be trusted to behave himself if Ottawa will agree to ease the rules.
But a Federal Court judge is expressing reservations on that point, saying Harkat has not always told the truth.
Justice Simon Noel notes that another judge ruled in 2005 that Harkat had lied on several occasions to the Canadian Security Intelligence Service.
Noel asked Harkat bluntly what reason there is to trust him now if his bail conditions are modified to allow him more freedom.
Harkat replied that, in his past questioning by CSIS, he was scared of the security service and hampered by his imperfect English.
It's a different situation now, he told Noel, insisting that since his release from custody a little more than two years ago he's done his best to earn people's confidence.
© 2008 CTVglobemedia All Rights Reserved.
Harkat terror case to go ahead, despite lag
posted on November 04, 2008 | in Category Mohamed Harkat | PermaLink
by The Canadian Press
Source: CTV News
URL: [link]
Date: November 3, 2008
OTTAWA -- The court case against accused terrorist Mohamed Harkat is going ahead, even though the government has yet to hand over material it's been ordered to provide to the defence.
Justice Simon Noel of Federal Court rejected an effort by Harkat's lawyers Monday to put off further hearings until the Canadian Security Intelligence Service makes the previously secret information available.
Noel said it would be better to get things started, even if it means a full airing of some issues has to wait until later.
The Algerian-born Harkat, a former pizza delivery man, is accused by CSIS of being an al-Qaida agent who should be deported as a security risk. He denies any terrorist ties.
The allegations against him were upheld by a Federal Court judge in 2005, but the Supreme Court of Canada threw out the findings because the excessive secrecy of the process infringed the Charter of Rights.
Noel issued an order in September for CSIS to hand over documents, recordings and other information for use by Harkat's defence team, but the spy agency has warned it could take six months to sift through the files and vet them for public release.
[ Read the rest ... ]
Source: CTV News
URL: [link]
Date: November 3, 2008
OTTAWA -- The court case against accused terrorist Mohamed Harkat is going ahead, even though the government has yet to hand over material it's been ordered to provide to the defence.
Justice Simon Noel of Federal Court rejected an effort by Harkat's lawyers Monday to put off further hearings until the Canadian Security Intelligence Service makes the previously secret information available.
Noel said it would be better to get things started, even if it means a full airing of some issues has to wait until later.
The Algerian-born Harkat, a former pizza delivery man, is accused by CSIS of being an al-Qaida agent who should be deported as a security risk. He denies any terrorist ties.
The allegations against him were upheld by a Federal Court judge in 2005, but the Supreme Court of Canada threw out the findings because the excessive secrecy of the process infringed the Charter of Rights.
Noel issued an order in September for CSIS to hand over documents, recordings and other information for use by Harkat's defence team, but the spy agency has warned it could take six months to sift through the files and vet them for public release.
[ Read the rest ... ]
Recommended reading: Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror
posted on October 28, 2008 | in Category | PermaLink
by Roch Tassé
Source: Email Fwd
URL: N/A
Date: October 28, 2008
Dear friends,
I am writing to encourage you to pick up a copy of Kerry Pither's Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror. It is a compelling and important account of what happened to the men whose stories were the subject of the Iacobucci Inquiry: Ahmad El Maati, Abdullah Almalki, Maher Arar and Muayyed Nureddin.
Unlike the Iacobucci Inquiry's report, Dark Days tracks the investigations through the eyes of the men who were targeted, and, unlike the Inquiry's report, weaves the stories together in a timeline that exposes the full extent of Canadian complicity in torture, and how the public was misled around these cases.
Every copy sold is a little bit of justice done for the men, and a little bit of accountability for the Canadian agencies, officials and political leaders to blame for their ordeals. All of us who have been pushing for answers in these cases would like to see this book make the bestseller's list. To do that, we need to see a concentrated bump in sales. So please consider helping out by purchasing a copy this week.
It can be purchased on line at [link] , [link] , or [link]
Please also check with your local library to ensure they have it, and if they don't, encourage them to order it.
[ Read the rest ... ]
Source: Email Fwd
URL: N/A
Date: October 28, 2008
Dear friends,
I am writing to encourage you to pick up a copy of Kerry Pither's Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror. It is a compelling and important account of what happened to the men whose stories were the subject of the Iacobucci Inquiry: Ahmad El Maati, Abdullah Almalki, Maher Arar and Muayyed Nureddin.
Unlike the Iacobucci Inquiry's report, Dark Days tracks the investigations through the eyes of the men who were targeted, and, unlike the Inquiry's report, weaves the stories together in a timeline that exposes the full extent of Canadian complicity in torture, and how the public was misled around these cases.
Every copy sold is a little bit of justice done for the men, and a little bit of accountability for the Canadian agencies, officials and political leaders to blame for their ordeals. All of us who have been pushing for answers in these cases would like to see this book make the bestseller's list. To do that, we need to see a concentrated bump in sales. So please consider helping out by purchasing a copy this week.
It can be purchased on line at [link] , [link] , or [link]
Please also check with your local library to ensure they have it, and if they don't, encourage them to order it.
[ Read the rest ... ]
[OCT 17-22] Join the Fall 2008 Caravan to End Canadian Involvement in Torture
posted on October 14, 2008 | in Category Canada | PermaLink
by "TASC" - [email]
Source: TASC Email List
URL: N/A
Date: August 25, 2008
(please forward far and wide)
Join the Fall 2008 Caravan to End Canadian Involvement in Torture, Southwestern Ontario, October 17-22, 2008
Join a nonviolent community on wheels for part or all of our journey as we travel through dozens of communities in a large triangular area (Toronto to Kitchener-Waterloo to London, then through Tillsonburg, Simcoe and Welland, up through Niagara Falls, St. Catharines, Hamilton and Mississauga) October 17-22.
The Caravan intends to expose and challenge the many ways in which the Canadian government is increasingly involved, both directly and indirectly, in policies and practices that result in the torture of human beings. While it is possible that a federal election may be underway during our caravan, we see this as a good opportunity to challenge all parties to commit to ending ALL forms of Canadian complicity in torture.
This email has details on getting involved with the caravan, why it is taking place, a city-by-city schedule, details on providing financial support for the caravan, and a list of demands. If you plan on joining us please let us know as soon as possible for so that we can cover the necessary logistics from this end. Thanks!
For a 3-minute youtube promo of the fall caravan (with highlights from our first caravan), see
[link]
Additional footage of the spring caravan is available at:
[link]
[link]
[link] [link]
[ Read the rest ... ]
