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| DECISION: Justice Noël On Reasonableness of Certificate, Harkat Case (Dec 9, 2010) | |
| Description | In this ruling based almost entirely on information heard in camera Justice Noël finds that the goverment's case against Mohamed Harkat is believable. "reasonable" and that Mohamed Harkat's testimony in the public proceedings was not believable. It is mostly a determination of guilt by association. "Having carefully considered the evidence presented during the public and closed hearings and after having assessed it on a balance of probabilities, I conclude that the Ministerial position on almost all the allegations made against Mr. Harkat must be accepted. I find that Mr. Harkat has engaged in terrorism, that he is a danger to the security of Canada and that he is a member of the Bin Laden Network through his past work for the Khattab group and his association with known terrorists and/or Islamist extremists, such as A. Khadr and Al Shehre. Given the legal framework of the IRPA and the definitions given herein, the Court finds that these factual conclusions link Mr. Harkat to the grounds set out in paragraphs 34(1)(c), (d) and (f) of the IRPA. Therefore, I rule that the certificate based on these three grounds of security against Mr. Harkat is reasonable." December 9, 2010 (PDF, English, 186 pages) |
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| Size | 706kB |
| Date | December 14, 2010 |
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