by Tonda MacCharles
Source: The Toronto Star
Date: May 14, 2014
OTTAWA—The Supreme Court of Canada unanimously upheld revised security certificates laws Wednesday along with the use of secret evidence to deport foreign-born terrorism suspects as constitutional.
In doing so, the 8-0 decision also concluded a security certificate — a kind of special immigration warrant — issued against Algerian-born Mohamed Harkat is reasonable.
It is a major nod to the Conservative government’s 2008 redesign of the security certificates that brought in the use of security-cleared special advocates who have access to secret state evidence although they are not allowed to disclose that evidence to the defence.
However, it may not be the end of a long battle for Harkat, pegged by Canada’s security agencies as a suspected Al Qaeda sleeper agent.
For years, Ottawa has sought to deport Harkat insisting he is a threat.
But Harkat’s lawyers say Canada cannot deport anyone to face a risk of torture as they argue he would be in Algeria, and are expected to fight further efforts to remove him.
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