A SUPREME Court decision to hear a Montreal terror suspect's challenge to the controversial security certificate process was met with mixed reaction yesterday by those fighting on behalf of local terror suspect Mohamed Harkat. Canada's highest court said yesterday it would hear an appeal by Adil Charkaoui, who was detained for 21 months on allegations of being an al-Qaida sleeper agent. He has argued that the security certificate violates both the Charter of Rights and Freedoms, and Canada's obligations under international law, but his earlier challenges to the system were dismissed by a Federal Court judge. The decision was upheld by the Federal Court of Appeal in December. DEPORTATION FIGHT

Charkaoui was released on 50,000 dollars bail in February and is now fighting deportation to his Moroccan homeland. Harkat's lawyer Paul Copeland said the decision was "very good news" given the last time someone tried and failed to get leave to appeal to the Supreme Court of Canada on this issue was in 1996. However, Copeland said it likely won't have any bearing on his client's constitutional challenge slated for Sept. 6 in Federal Court. "I presume I will lose," he said, adding he, too, will likely have to apply for leave to appeal to the Supreme Court. Copeland said he'll probably sign up as a co-appellant in the Charkaoui matter when it goes before the Supreme Court."It's good news, not great," Harkat's wife Sophie said of the decision. "It's about time we have a chance -- an ounce of hope." Sophie said the most important thing right now is her husband's bail hearing, which is expected to proceed sometime next month. She said the Justice for Mohamed Harkat Committee is focused on trying to raise bail money for her husband and is also amassing affidavits from people who disagree with detaining people indefinitely on security certificates and are prepared to put their money where their mouths are. "All the people are providing a cash bond and a performance bond, which is a guarantee to pay some funds if Mo was to break a condition," she said. "These amounts are quite high ... It's reassuring to see how people are confident about my husband and I being respectful of the conditions." CONFIDENTIAL INFO

Federal Court Justice Eleanor Dawson ruled in March that Harkat lied about his past under oath and that the government has reasonable grounds to deport him to his native Algeria. She further ruled the legislation used against him was in fact constitutional. Her ruling was largely based on confidential information not released to Harkat or his lawyers. Harkat was arrested in December 2002 outside his Vanier apartment on suspicion of being a member of Osama bin Laden's terror network. Sept. 5 will mark his 1,000th day behind bars. tobi.cohen at ott dot sunpub dot com Copyright © 2005, Canoe Inc. All rights reserved.