by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: February 21, 2012
[PHOTO: Mohamed Harkat’s case is the first to test the revised law used to deport foreign-born terror suspects with a challenge under the Canadian Charter of Rights and Freedoms. The previous version was effectively struck down by the Supreme Court in February 2007. Parliament drafted the new law in 2008.
Photograph by: Jean Levac, Ottawa Citizen]
OTTAWA — Canada’s new and improved security certificate law continues to deny terror suspects the detailed information they need to defend themselves, the Federal Court of Appeal has heard.
Norm Boxall, a lawyer for Ottawa’s Mohamed Harkat, told the appeal court Tuesday that the government introduced important safeguards when the law was remade in 2008 but did not go far enough.
“This scheme is admittedly better, but it falls short,” Boxall said in arguing that the law should again be declared unconstitutional.
The Harkat case is the first to test the revised law with a challenge under the Canadian Charter of Rights and Freedoms.
The previous version, used to deport foreign-born terror suspects, was effectively struck down by the Supreme Court in February 2007. The high court said the process was so secretive it denied defendants the fundamental right to meet the case against them.
[ Read the rest ... ]
Mohamed Harkat
Harkat appeal puts new security certificate law to a renewed test
posted on February 28, 2012 | in Category Mohamed Harkat | PermaLinkHarkat federal appeals case begins
posted on February 22, 2012 | in Category Mohamed Harkat | PermaLink
by Danielle Bell
Source: The Ottawa Sun
URL: [link]
Date: February 21, 2012
Accused terrorist Mohamed Harkat has nearly exhausted legal avenues but refuses to consider what will happen if he loses his latest battle.
Lawyers for Harkat at the Federal Court of Appeal on Tuesday argued secret proceedings, the destruction of original material by CSIS, and limitations of special advocates were among reasons why he cannot effectively challenge or meet his case, which violates the Canadian Charter of Rights and Freedoms.
Harkat, who is alleged to have ties to al-Qaida and an Egyptian terrorist organization linked to the 9/11 attacks, has been fighting for nearly a decade to stay in Canada, since he was arrested on a federal security certificate.
“It creates a situation where the public has to be taking it on faith,” said Norm Boxall, one of Harkat’s lawyers. “It creates potential damage to the administration of justice and the reputation of the court that’s dealing with it.”
Harkat faces deportation and what he contends would be torture or death if he is sent back to Algeria.
In 2007, the Supreme Court of Canada ruled the security certificate unconstitutional because it relied on secret evidence, which denied his right to a fair trial. Tuesday marked the first day of appeal arguments about the constitutionality of the security certificate since the government introduced special advocates in 2008.
While the scheme has improved, said Boxall, it remains less than adequate since special advocates, who do not have the same powers as public counsel, are so limited. Harkat’s certificate was upheld in 2010 by a federal court judge.
Being denied the basis to challenge the credibility of informants or refute allegations is unfair, said Boxall, and the case is then essentially being decided in secret.
“The principle of fundamental justice is not met simply by saying Mr. Harkat had the opportunity to respond,” said Boxall. “It’s not enough to respond. You have to be given the opportunity to challenge the information.”
Outside court, Harkat, who maintains his innocence and denies links to terrorism, said simply he will wait for the decision.
“I hope the judge understands all the problems with this legislation and that I don’t have a fair trial,” Harkat. “It just goes on and on and on. I don’t want to jump steps ahead. I’ll see what the judge decides.”
Depending on the ruling, there could be a new hearing, according to Boxall outside court.
The appeal proceeding is expected to conclude on Thursday.
danielle.bell AT sunmedia.ca
@DBellReporting
Copyright © 2011 The Ottawa Sun. All rights reserved.
Harkat lawyer seeks end to security certificate process at appeal court
posted on February 21, 2012 | in Category Mohamed Harkat | PermaLink
by The Canadian Press
Source: The Winnipeg Free Press
URL: [link]
Date: February 21, 2012
[PHOTO: Mohamed Harkat is seen during a break at the Federal Court of Appeal on the first day of arguments on the constitutionality of security certificates in Ottawa Tuesday Feb.21, 2012. THE CANADIAN PRESS/Adrian Wyld]
OTTAWA - A lawyer for Mohamed Harkat says the security certificate process being used to deport the Algerian refugee is unconstitutional.
Harkat, a former Ottawa pizza delivery man, faces removal from Canada under a certificate that declares him a security threat due to alleged terrorist links.
He denies any involvement with political extremism.
Lawyer Norm Boxall is telling the Federal Court of Appeal the security certificate system is fundamentally unfair because Harkat doesn't know details of the allegations against him.
The Supreme Court of Canada struck down the system five years ago, saying it violated the Charter of Rights and Freedoms.
But the government revamped the process and reissued certificates against Harkat and others in early 2008.
A judge ruled in late 2010 that the retooled certificate system was constitutional. Harkat is challenging that ruling this week.
© 2012 Winnipeg Free Press. All Rights Reserved.
Expression of of Support From Mahjoub lawyer Johanne Doyon
posted on February 20, 2012 | in Category Mohamed Harkat | PermaLink
As public counsel of Mr Mahjoub and lawyers, we support the constitutional challenge of IRPA in Harkat which is necessary and in the interest of Justice.
The amendments that produced what is now Division 9 of the Immigration and Refugee Protection Act (IRPA) following the Supreme Court of Canada judgment in Charkaoui I (2007) were the Parliament’s attempt to find a “substantial substitute” for proper disclosure to the named person in information relied on by the Ministers against non-citizens like Mr. Harkat or Mr. Mahjoub.
However, this continuation of what is nothing more than secret trials against individuals in Canada still fails to respect the Canadian Charter of Rights and Freedoms (‘Charter’) and still fails to meet the requirements of the judgments rendered in Charkaoui I.
The case will have a significant impact on our client’s case, in which disclosure, the use of information gleaned from torture or otherwise illegally obtained, and the use of unfair/unethical practices in the investigation have also come to light.
In Mr. Mahjoub’s case, in February 19, 2010, the Federal Court indicated that a “substantial portion of the information in the SIR originates from foreign agencies” and that Mr. Mahjoub could not be informed as to which of these foreign agencies have received requests for waivers of the third party rule and what the replies to any such requests would have been. The Court also found that Mr. Mahjoub would not receive disclosure of a summary of the security intelligence information emanating from foreign agencies. In the same judgement, the Court reserved its decision as to whether this non-disclosure violates Mr. Mahjoub’s rights under section 7 of the Charter.
This alleged undisclosed information relates to “allegations that are critical to the Ministers’ case.” A CSIS witness recognized the importance of disclosure of the information in question, in light of its relation to the Ministers’ central allegations:
In light of this information and in light of other experiences with the Security Certificate process, even the Special Advocates have taken the position that the Special Advocate procedure is not an adequate substitute for Mr. Mahjoub’s ability to know the Ministers’ case; that they were not in a position to deal with these allegations or call evidence to rebut them; and that only Mr. Mahjoub and his public counsel could do so:
However, the motion filed more than a year ago to quash the certificate and to release Mr. Mahjoub on this basis was postponed by the Court to be heard only at the end of the process.
Meanwhile the Court found that CSIS used information derived from torture, and didn’t have a mechanism to filtered the information admissible under IRPA. Not only did CSIS deliberately decide not to exclude information obtained unlawfully and as the result of the use of torture or cruel, inhuman or degrading treatment or punishment, but also engaged in the interception and monitoring of all conversations between Mr. Mahjoub and his lawyers during the investigation and the Court proceedings from approximately 1996 to 2010.
As a result, a motion to the effect that the conduct of CSIS and the Ministers in the investigation, the issuance of the certificates, and the continuation of the proceedings against Mr. Mahjoub amounts to an abuse of process, is pending due to this unprecedented, negligent and unfair conduct.
The amendments that produced what is now Division 9 of the Immigration and Refugee Protection Act (IRPA) following the Supreme Court of Canada judgment in Charkaoui I (2007) were the Parliament’s attempt to find a “substantial substitute” for proper disclosure to the named person in information relied on by the Ministers against non-citizens like Mr. Harkat or Mr. Mahjoub.
However, this continuation of what is nothing more than secret trials against individuals in Canada still fails to respect the Canadian Charter of Rights and Freedoms (‘Charter’) and still fails to meet the requirements of the judgments rendered in Charkaoui I.
The case will have a significant impact on our client’s case, in which disclosure, the use of information gleaned from torture or otherwise illegally obtained, and the use of unfair/unethical practices in the investigation have also come to light.
In Mr. Mahjoub’s case, in February 19, 2010, the Federal Court indicated that a “substantial portion of the information in the SIR originates from foreign agencies” and that Mr. Mahjoub could not be informed as to which of these foreign agencies have received requests for waivers of the third party rule and what the replies to any such requests would have been. The Court also found that Mr. Mahjoub would not receive disclosure of a summary of the security intelligence information emanating from foreign agencies. In the same judgement, the Court reserved its decision as to whether this non-disclosure violates Mr. Mahjoub’s rights under section 7 of the Charter.
This alleged undisclosed information relates to “allegations that are critical to the Ministers’ case.” A CSIS witness recognized the importance of disclosure of the information in question, in light of its relation to the Ministers’ central allegations:
“[43] The SAs note that the information in question is on the alleged xxxxxxxxxxx and on Mr Mahjoub’s alleged xxxxxxxxxxxxxxxxxx. These allegations are critical to the Ministers’ case. The SAs point out that the Service’s witness, jfdkfjlsjfkd, recognized the important of disclosing such central allegations (…)” [emphasis added]
In light of this information and in light of other experiences with the Security Certificate process, even the Special Advocates have taken the position that the Special Advocate procedure is not an adequate substitute for Mr. Mahjoub’s ability to know the Ministers’ case; that they were not in a position to deal with these allegations or call evidence to rebut them; and that only Mr. Mahjoub and his public counsel could do so:
“[44] The SAs note that, pursuant to paragraph 83(1)(e) of the IRPA and section 7 of the Charter, Mr Mahjoub is entitled to be reasonably informed of the case against him. The SAs argue that this does not require that Mr. Mahjoub be provided with xxxxxxxxxxxxxx that supports the main allegations, but rather a summary which provides the “gist” of the information, as they proposed. The SAs further argue that with regards to the information on fgjgjgjgj the special advocate procedure is not an adequate substitute for Mr. Mahjoub’s ability to know the Ministers’ case. The SAs submit they would not be in a position to deal with these allegations or to call evidence to rebut these allegations. Only Mr. Mahjoub, with the assistance of his public counsel, could do this.” [emphasis added]
However, the motion filed more than a year ago to quash the certificate and to release Mr. Mahjoub on this basis was postponed by the Court to be heard only at the end of the process.
Meanwhile the Court found that CSIS used information derived from torture, and didn’t have a mechanism to filtered the information admissible under IRPA. Not only did CSIS deliberately decide not to exclude information obtained unlawfully and as the result of the use of torture or cruel, inhuman or degrading treatment or punishment, but also engaged in the interception and monitoring of all conversations between Mr. Mahjoub and his lawyers during the investigation and the Court proceedings from approximately 1996 to 2010.
As a result, a motion to the effect that the conduct of CSIS and the Ministers in the investigation, the issuance of the certificates, and the continuation of the proceedings against Mr. Mahjoub amounts to an abuse of process, is pending due to this unprecedented, negligent and unfair conduct.
Security certificate opponents rally around Harkat as he heads to court
posted on February 20, 2012 | in Category Mohamed Harkat | PermaLink
by Jim Bronskill (CP)
Source: Global TV News - Regina
URL: [link]
Date: February 16, 2012
OTTAWA - Opponents of Canada's security certificate regime are rallying around Mohamed Harkat as he heads to court to try to scuttle the controversial deportation tool.
Harkat, a former pizza delivery man in Ottawa, faces removal to his native Algeria under a security certificate that declares him a threat to Canada due to alleged terrorist links. He denies any involvement with political extremism.
Opponents say the security certificate system is fundamentally unfair because detainees are not given full details of the allegations against them.
The Supreme Court of Canada struck down the system five years ago, saying it violated the Charter of Rights and Freedoms. But the government revamped the process and reissued certificates against Harkat and others in early 2008.
A judge ruled in late 2010 that the retooled certificate system was constitutional — a decision Harkat will challenge next week in the Federal Court of Appeal.
Alex Neve of Amnesty International Canada argued at a news conference Thursday the federal government failed to do a proper overhaul to ensure fairness.
"Instead they tinkered," he said. "And the tinkering did not address the serious shortcomings."
Green Party Leader Elizabeth May said the certificates represent an affront to all Canadians, not just Harkat.
"Today it's him, tomorrow it could be you."
Harkat was arrested more than nine years ago on suspicion of being an al-Qaida sleeper agent.
Though allowed to live at home with his wife, he continues to wear an electronic tracking bracelet on his ankle, must check in with authorities weekly and cannot leave town without permission.
© The Canadian Press, 2012
De nouveaux appuis pour Mohamed Harkat
posted on February 20, 2012 | in Category Mohamed Harkat | PermaLink
Par: Rene Hardy
Source: Radio-Canada
URL: [link]
Date: 18 fév 2012
À quelques jours d'une nouvelle comparution devant la Cour fédérale d'appel, Mohamed Harkat soupconné d'activités terroristes, reçoit l'appui de deux députés de l'opposition et de groupes de défense des droits la personne. Ils demandent au gouvernement Harper d'abolir les certificats de sécurité.
La chef du parti Vert, Elizabeth May, et le député néo-démocrate, Don Davies, estiment que la procédure va à l'encontre des valeurs canadiennes et souhaitent que la Cour fédérale d'appel la déclare inconstitutionnelle.
Le coordonnateur de la Coalition pour la surveillance internationale des libertés civiles demande lui aussi l'annulation de ce système qui permet d'utiliser des informations secrètes inaccessibles à l'accusé et à la défense.
Une procédure inacceptable
Roch Tassé juge inacceptable le fait que des personnes puissent être détenues et déportées sur la base de rapports du Service canadien du renseignement de sécurité plutôt que sur des preuves présentées en cour.
Depuis sa libération en 2006, Mohamed Harkat demeure soumis à une série de mesures dont le port d'un bracelet électronique.
Mohamed Harkat n'a jamais cessé de clamer son innocence et de tenter de blanchir son nom. Il fait face à la déportation vers l'Algérie, son pays d'origine.
(c) Radio-Canada.ca
Lawyers for Harkat argue revised security certificate law still leaves defendants in the dark
posted on January 21, 2012 | in Category Mohamed Harkat | PermaLink
by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: January 20, 2012
OTTAWA — Lawyers for Ottawa’s Mohamed Harkat have asked the Federal Court of Appeal to strike down the country’s security certificate law for a second time.
The Harkat case will be the first to test whether the government’s revised security certificate law can withstand a challenge under the Canadian Charter of Rights and Freedoms.
The previous version of the law, used to deport foreign-born terror suspects, was ruled unconstitutional by the Supreme Court in February 2007.
In that ruling, Canada’s high court said the security certificate process was so secretive that it denied defendants the fundamental right to meet the case against them.
The government subsequently introduced a new law, which gave terror suspects the right to be represented in secret hearings by “special advocates” — defence lawyers with security clearance. Special advocates are allowed only limited contact with the accused.
Harkat’s legal team contends the new law still leaves defendants too much in the dark.
“The only evidence that truly matters is unknown to him (Harkat),” wrote lawyers Matthew Webber and Norm Boxall in a court brief.
“It is apparent that public proceedings are little more than a façade, with little to no direct evidence shown to Harkat.”
For example, they said, the federal government publicly alleged that Harkat spent time in Afghanistan. But the Algerian-born Harkat was told nothing about the timing, duration, purpose or destination of the alleged sojourn, which made it next to impossible to refute.
It is not enough, the lawyers argued, for the government to offer the “veneer of public disclosure” when it is only through detail that Harkat can attack the validity of such allegations.
[ Read the rest ... ]
Source: The Ottawa Citizen
URL: [link]
Date: January 20, 2012
OTTAWA — Lawyers for Ottawa’s Mohamed Harkat have asked the Federal Court of Appeal to strike down the country’s security certificate law for a second time.
The Harkat case will be the first to test whether the government’s revised security certificate law can withstand a challenge under the Canadian Charter of Rights and Freedoms.
The previous version of the law, used to deport foreign-born terror suspects, was ruled unconstitutional by the Supreme Court in February 2007.
In that ruling, Canada’s high court said the security certificate process was so secretive that it denied defendants the fundamental right to meet the case against them.
The government subsequently introduced a new law, which gave terror suspects the right to be represented in secret hearings by “special advocates” — defence lawyers with security clearance. Special advocates are allowed only limited contact with the accused.
Harkat’s legal team contends the new law still leaves defendants too much in the dark.
“The only evidence that truly matters is unknown to him (Harkat),” wrote lawyers Matthew Webber and Norm Boxall in a court brief.
“It is apparent that public proceedings are little more than a façade, with little to no direct evidence shown to Harkat.”
For example, they said, the federal government publicly alleged that Harkat spent time in Afghanistan. But the Algerian-born Harkat was told nothing about the timing, duration, purpose or destination of the alleged sojourn, which made it next to impossible to refute.
It is not enough, the lawyers argued, for the government to offer the “veneer of public disclosure” when it is only through detail that Harkat can attack the validity of such allegations.
[ Read the rest ... ]
Security certificate injustice for Mohamed Harkat: Nine years on
posted on December 12, 2011 | in Category Mohamed Harkat | PermaLink
by Justice For Mohamed Harkat Committee
Source: Rabble.ca
URL: [link]
Date: December 9, 2011
Think back to December 10, 2002 -- nine years ago this weekend, International Human Rights Day.
Perhaps on that day you were aware of the human rights significance, and perhaps not. But more importantly, what were you doing with your life back then? Were you in a different job? A different city? Perhaps in the interim you earned a post-secondary degree or diploma, or possibly more than one. How many job interviews did you attend in those nine years? How much money have you earned? Did you have children? Did you visit relatives in another province? Perhaps take a honeymoon? Travel abroad?
None of these things have been possible for Mohamed Harkat. This weekend -- International Human Rights Day -- marks the ninth anniversary of the detention of Mohamed Harkat under a security certificate -- a draconian detention under the so-called Immigrant and Refugee Protection Act for which no charge is laid, and the information on which the allegation is based is kept secret from the detainee and their lawyers.
[ Read the rest ... ]
Source: Rabble.ca
URL: [link]
Date: December 9, 2011
Think back to December 10, 2002 -- nine years ago this weekend, International Human Rights Day.
Perhaps on that day you were aware of the human rights significance, and perhaps not. But more importantly, what were you doing with your life back then? Were you in a different job? A different city? Perhaps in the interim you earned a post-secondary degree or diploma, or possibly more than one. How many job interviews did you attend in those nine years? How much money have you earned? Did you have children? Did you visit relatives in another province? Perhaps take a honeymoon? Travel abroad?
None of these things have been possible for Mohamed Harkat. This weekend -- International Human Rights Day -- marks the ninth anniversary of the detention of Mohamed Harkat under a security certificate -- a draconian detention under the so-called Immigrant and Refugee Protection Act for which no charge is laid, and the information on which the allegation is based is kept secret from the detainee and their lawyers.
[ Read the rest ... ]
Photos of Saturday's Rally
posted on December 11, 2011 | in Category Mohamed Harkat | PermaLink
Click on the photo to see all the photos from our December 10th rally marking Moe's 9th anniversary of his security certificate:

Mohamed Harkat speaking to supporters in Ottawa, December 10, 2011. Photo by Gabrielle Brunette Poirier.

Mohamed Harkat speaking to supporters in Ottawa, December 10, 2011. Photo by Gabrielle Brunette Poirier.
Harkat anniversary rally draws dozens
posted on December 11, 2011 | in Category Mohamed Harkat | PermaLink
by Danielle Bell
Source: The Ottawa Sun
URL: [link]
Date: December 10, 2011
See also this VIDEO report of the Rally. By Danielle Bell.
Even though courts recently ruled Mohamed Harkat does have ties to terrorism, his supporters are protesting his treatment on the 9th anniversary of his charges.
Dozens of people gathered at the human rights monument in downtown Ottawa on Saturday to support Harket.
Harkat, an accused al-Qaida sleeper agent who has been fighting to stay in Canada since he was arrested on a federal security certificate, declared his innocence to a throng of supporters and media.
Flanked by wife Sophie, Harkat said the conditions he is forced to live with have taken a toll on himself and family.
“It’s my life destroyed completely,” said Harkat on Saturday. “I’ve never chatted to a criminal, I’ve never had a criminal record, I’ve never been involved with terrorism, I’ve never seen the evidence against me.”
Among his conditions, Harkat cannot use the Internet, is monitored by GPS and cannot leave Ottawa without permission.
An online petition in his support has gathered about 5,000 signatures.
“It’s simply impossible for people like Mohamed Harkat to have a fair trial when secret evidence is involved,” said supporter Evert Hoogers, a retired postal worker. “None of that is acceptable to me.”
Several speakers, including human rights activists, spoke at the rally, which included chants and banners in support Harkat.
An unidentified man stood next to the Harkats, with his mouth duct-taped, hands bound and blindfolded.
“This war on terrorism has been a direct attack on each and every human citizen’s human rights,” said Larry Rousseau, regional vice-president of the Public Service Alliance of Canada. “If we sit back and do nothing, we will lose what we have acquired.”
In December 2009, Harkat’s security certificate was upheld by a Federal Court Judge, who ruled the government had reasonable grounds to suspect Harkat of being a threat to Canadian public safety.
Kevin Skerrett, with the Justice for Mohamed Harket committee, hopes awareness will further the cause.
“I think as more people learn of the details of this, the more outraged they are,” said Skerrett.
Harkat is appealing his case and looking forward to a court date in February.
He said Saturday he is willing to take his case all the way to the Supreme Court.
“Justice is delayed. That’s all I’m hoping for,” said Harket. “I’m innocent. That’s all I want, just an open trial like anybody else.”
danielle.bell AT sunmedia.ca
@DBellReporting
Copyright © 2011 Sunmedia. All rights reserved.