by Ian Macleod Source: The Ottawa Citizen URL: [link] Date: July 18, 2013
PHOTO: Mohamed Harket said it was a relief to be free after having his ankle bracelet removed, July 18, 2013. Photograph by: PAT McGRATH , THE OTTAWA CITIZEN

OTTAWA — Mohamed Harkat, the accused al-Qaida operative under the unwavering eye of Canada’s security services since 1995, has won more freedom. Shortly after 8 o’clock Wednesday night in a government office near St. Laurent Boulevard, the 44-year-old Algerian had a GPS tracking bracelet unstrapped from his right ankle by a Canada Border Services Agency (CBSA) officer. For the first time in seven years, Harkat can now walk, sleep and bathe without the bulky electronic surveillance device locked around his limb. The Federal Court of Canada, in a decision made public Thursday, also gave him permission to own a basic cellphone with a capacity for incoming and outgoing calls and text messaging, an Internet-enabled desktop computer and permission to travel within Canada. “Yesterday, I saw a sparkle in Mo’s eyes I hadn’t seen in a really, really long time, his face was just glowing,” Harkat’s wife, Sophie, said Thursday. “He got up this morning feeling refreshed because he actually slept with his two ankles on top of each other rather than crossed. He’s been sleeping with crossed legs for the past seven years.” The CBSA offered a restrained response Thursday. The federal government maintains Harkat poses a threat to national security and wants him deported. “The CBSA respects the decision of the Federal Court and remains diligent in monitoring all persons, such as Mr. Harkat, who are under terms and conditions of release,” it said in an emailed statement. Harkat has not viewed the Internet since at least 2002 when he was first jailed on what remains largely secret evidence under federal security certificate as a suspected al-Qaida terrorist. After being released on a court order in 2006 and placed under virtual house arrest, he remained off-line as a condition of his bail release. “He’s never been able to communicate with family (overseas) through email, he has no clue how big the Internet is. For him, it’s (going to be) so new,” said his wife.



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by Megan Gillis Source: The Ottawa Sun URL: [link] Date: July 18, 2013
PHOTO: Terror suspect Mohamed Harkat has been freed from the GPS tracking anklet that he has had on for seven years. The device was removed on a federal judge’s order Thursday. Harkat cools off at a water park near his home in Ottawa, On. Thursday, July 18, 2013. This was the first time in seven years that Harkat wore shorts. Tony Caldwell/Ottawa Sun/QMI Agency

Terror suspect Mohamed Harkat has been freed from the GPS tracking anklet that kept him “an animal on a leash” for seven years. He slept in Thursday, the morning after the device was removed on a federal judge’s order, instead of waking at dawn to spend two hours charging it. He can wear shorts in the heat. The weight he dragged with every step is gone. “It’s relief, like breathing pure oxygen,” he said Thursday. “It’s one step to clear my name. It gives me hope for the future, the victory just around the corner. It’s just a matter of time to get there.” Harkat, 44, can also have a basic cell phone and use a desktop computer connected to the Internet, although it will be subject to monthly inspections. “It goes without saying” that he can’t access jihad sites or contact anyone linked to terrorism, Judge Simon Noel wrote. The next step is the Supreme Court in his fight against Canada’s system of security certificates, which allow non-citizens judged security threats to be detained and deported without seeing all the evidence against them. It’s been more than a decade since the former pizza deliveryman was arrested outside his Vanier home. The Algerian refugee denies allegations he was an al-Qaida sleeper agent who once ran a safe house in Pakistan for Islamic extremists. He spent 3 1/2 years behind bars before being released on strict conditions. He’s since been served with a notice of deportation. Federal Court Judge Noel cited the passage of time and its reduction of the risk Harkat poses to national security in concluding the “demanding, intrusive” conditions were “disproportionate.” “The initial danger has diminished considerably,” Noel wrote in a decision released Thursday. “Mr. Harkat has complied through time with the strict conditions. Conditions of release therefore have to be adapted to this new favourable reality for Mr. Harkat.” He’s now a “well-known person” who owes a lot to his friends and family and won’t disappoint them with a breach. “The consequences for him are too important,” Noel wrote. Matthew Webber, one of the lawyers who will take Harkat’s fight to the top court in October, called the changes to his conditions “sweeping.” It’s a “significant legal observation” that a judge found any risk to Canada has dropped over time. “We still have the Supreme Court on the horizon,” Webber said, adding “the case isn’t over yet.” megan.gillis AT sunmedia.ca Twitter: @ottawsun_megan Copyright © 2013 All rights reserved.

by Colin Freeze Source: The Globe & Mail URL: [link] Date: July 19, 2013 When the Supreme Court of Canada returns from its summer hiatus, it will go underground – convening for an unprecedented bunker-style session. During a unique, closed hearing on Oct. 11, the nine top court judges will meet with sworn-to-secrecy lawyers inside a secure room – and not necessarily at the Supreme Court itself. Together, they will review top-secret files relating to how informants passed intelligence to the government on terrorism suspect Mohamed Harkat.



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par La Presse canadienne Source: Le Devoir URL: [link] Date: 18 juillet 2013 Ottawa — La femme d'un résidant d'Ottawa accusé d'avoir des liens avec des groupes terroristes a annoncé jeudi que les autorités avaient retiré le bracelet de surveillance électronique de la cheville de son mari. Sophie Harkat a affirmé que l'Agence des services frontaliers du Canada (ASFC) avait enlevé l'appareil mercredi soir dans la foulée d'un ordre de la cour visant à adoucir les conditions de mise en liberté de Mohamed Harkat. Le jugement de la Cour fédérale, qui fait suite à une audience ayant eu lieu en juin, n'a pas encore été rendu public. Mme Harkat a toutefois confié à La Presse canadienne que son époux et elle étaient revenus à leur résidence mercredi et découvert que l'ASFC leur avait laissé un message téléphonique leur demandant de se présenter à l'un de ses bureaux pour que le bracelet GPS puisse être retiré. M. Harkat, un réfugié algérien, a été arrêté il y a plus de 10 ans en vertu d'un certificat de sécurité parce qu'il était soupçonné d'être un agent double d'al-Qaïda, une accusation qu'il a démentie. Depuis sept ans, il est assigné à son domicile et soumis à des conditions très strictes. © Le Devoir 2002-2013

by Jim Bronskill (CP) Source: The Ottawa Citizen URL: [link] Date: July 18, 2013 Accused terrorist, Mohamed Harkat, has tracking bracelet removed

OTTAWA — The wife of an Ottawa man accused of terrorist ties says border agents have removed an electronic tracking bracelet from his ankle. Canada Border Services Agency took the tracking device off late Wednesday as part of a court-ordered relaxation of Mohamed Harkat's release conditions, Sophie Harkat said Thursday. It has been more than a decade since Harkat, a refugee from Algeria, was arrested under a national security certificate on suspicion of being an al-Qaida sleeper agent — an accusation he denies. Harkat, 44, has essentially been living under house arrest with stringent conditions — including the tracking bracelet — for seven years. Sophie Harkat and her husband arrived home Wednesday to a phone message telling them to come to a border services office to have the bracelet removed. "He feels like he's no longer an animal with a leash," she said in interview. "His eyes were just sparkling last night. And we were high-fiving each other."



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Thanks to Ottawa Fro for taking these photos of Moe and some of his supporters outside the court room, at Moe's bail review. June 11, 2013.
Click on image to see more photos

By Doug Hempstead Source: The Ottawa Sun URL: [link] Date: June 11, 2013 OTTAWA — Just the thought of not having to lie on a bed for two hours each day to recharge his GPS tracking ankle bracelet was enough to make Mohamed Harkat smile Tuesday. The Algerian citizen, suspected of having ties to terrorism, has worn one for seven years. Now a Federal Court judge is considering Harkat's plea to have it removed after a lengthy submission by his lawyer, Matthew Webber. Harkat, 44, arrived in Canada in 1995 and was granted refugee status in 1998. He was arrested outside his Ottawa home on Dec. 10, 2002, and accused of operating a safe house for Islamic extremists in Pakistan when he was 19 and having associations with terrorist groups. He was jailed for 3 1/2 years — including one year in solitary confinement — and released on bail June 21, 2006. The government issued a security certificate against him and served him with a notice of deportation in 2011. If Harkat were allowed to use a computer, he'd be willing to allow Canada Border Services Agency or CSIS access to the device remotely or in-person to monitor his e-mails and the websites he visits, Webber said. The GPS is the major issue. Webber said the stress of wearing the bracelet has taken a psychological and physical toll on Harkat. Judge Simon Noel said there are "bound to be consequences when a person is subjected to the certificate procedure," but later suggested Harkat could perhaps wear some sort of watch-like device instead. It's not known how long Noel will take to make a decision on the restrictions. Copyright © 2013 All rights reserved.

by Ottawa Citizen and The Canadian Press Source: The Ottawa Citizen URL: [link] Date: June 11, 2013 OTTAWA - Mohamed Harkat returns to Federal Court Tuesday seeking complete removal or a relaxation of conditions on his release from detention under a Security Certificate. Leading up to Tuesday’s hearing, the federal government said it will allow the Ottawa man accused of terrorist ties to have a mobile phone but it balked at the idea of giving Harkat access to the Internet or removing his electronic tracking bracelet. In documents filed with the Federal Court, the government also said it is open to dropping a requirement that Harkat get prior approval before travelling out of town. The concessions would ease current release conditions for Harkat, but fall short of the full list of freedoms he is seeking during Tuesday’s one-day Federal Court hearing. It has been more than a decade since Harkat, a refugee from Algeria, was arrested under a national security certificate on suspicion of being an al-Qaida sleeper agent. He has essentially been living under house arrest with stringent conditions for seven years. Harkat, 44, lives at home in Ottawa with wife Sophie, but wears an electronic GPS bracelet on his ankle, must check in with authorities regularly and cannot leave the capital area without permission. He is denied access to a mobile phone or a computer with Internet connectivity. “I feel dehumanized and degraded on a daily basis,” Harkat says in an affidavit in support of his request for less onerous conditions. “The GPS ankle bracelet I am required to wear is a constant reminder of this.” Harkat denies any involvement in terrorist activities. He says his decade-long ordeal has taken a toll, and that he’s been treated by a psychiatrist for anxiety, depression, post-traumatic stress disorder and insomnia for the last three years. “I feel that much of my psychological difficulties are a result of the extremely restrictive conditions under which I live,” he says in the affidavit. Harkat’s psychiatrist, Dr. Colin Cameron, says his patient takes four medications — two of which have had to be increased a number of times over the last three years — to manage his “significant depressive, post-traumatic stress and anxiety symptoms.” In a brief to the court, Harkat’s lawyers call the current release conditions “harsh and excessive.” Harkat argues his current lack of access to the Internet prevents him from emailing family members, the Justice for Mohamed Harkat Committee, legal counsel or even the Canada Border Services Agency, which monitors his daily movements and approves or denies travel requests. In addition, he says, he “feels uneasy” about not having a mobile phone in the event of an emergency when away from home — noting his wife suffers from diabetes and his nephew has allergies that require him to carry an epi-pen. In its court submission, the government says the conditions imposed on Harkat — including GPS monitoring and the prohibition on Internet access — are proportional to the danger. “The threat posed by Mr. Harkat relates directly to his ability to meet and communicate with persons associated with terrorism,” says the brief. “The conditions were imposed in order for the Court to be reassured that Mr. Harkat would not maintain or undertake such contacts.” Harkat argues he has done everything expected of him to date.



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by Jim Bronskill (CP) Source: The Ottawa Citizen URL: [link] Date: June 2, 2013 OTTAWA - On his way to becoming Canada's top cop, Bob Paulson told internal reviewers the national security certificate process for detaining suspected terrorists was "completely off the rails," newly released documents show. In an interview with an auditor examining the controversial program, Paulson, now RCMP commissioner, expressed concerns about excessive state secrecy in certificate proceedings. The national security certificate is a seldom-used tool for removing non-citizens suspected of terrorism or espionage from Canada. "In my view, we over claim the protection of sources and methods and this is convenient if you can get away with it," say notes from the October 2009 interview, recently released under the Access to Information Act. Paulson was assistant RCMP commissioner for national security at the time of the interview. Two years later, he was picked by the Harper government to become commissioner.



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by Noman Bajwah Source: Muslim Link URL: [link] Date: January 22, 2013 Ten years after his arrest, security certificate detainee Mohamed Harkat has something to look forward to. Mr. Harkat’s case will become the first to test the constitutionality of Canada’s revised security certificate law as it moves to a hearing before the Supreme Court. On November 22, the Supreme Court of Canada declared it would hear appeals from the Algerian-born Ottawa resident and the government, most likely in the fall of 2013. “I’m confident,” Mr. Harkat replied when asked how he felt about the outcome of the appeals. “I have big hopes in the Supreme Court,” he stated. His wife is similarly optimistic. “It’s unfortunate that we’ve had to go through two certificates and the federal court of appeal, but for me – the ultimate justice comes in the hands of the highest court,” Sophie Harkat told reporters. Mr. Harkat’s attorneys have long stated that the government’s use of the security certificate process is profoundly unfair because Harkat still doesn’t know the exact detail of the allegations against him. In April 2012, the Federal Court of Appeal upheld the constitutionality of the security certificates, but also ordered Federal Court Justice Simon Noel to reconsider his conclusion that Mr. Harkat’s continuing presence in Canada was a security threat. The provision that is most attacked by Mr. Harkat and his supporters is the “special advocates” clause, which allows individuals aligned with the government to be privy to secret government evidence. The Federal Court of Appeal ruled in April that the use of such advocates is constitutional. These “special advocates” are government appointed agents who must consult with the same judge who upheld the certificate to talk to the detainee. “Special advocates” are supposed to be security-cleared lawyers who are allowed to attend closed hearings where they can hear government evidence and ostensibly protect the rights of the accused. However, a key component of the “special advocates” role is that they are forbidden from communicating with the detainees or their ordinary legal counsel about the confidential information that is divulged to them in secrecy. Mr. Harkat was arrested outside his Ottawa home on Dec. 10, 2002 for allegedly operating a safe house for extremists in Pakistan. He was 19 years old at the time. His ten year ordeal has been marked by 43 months of imprisonment followed by three and a half years of the harshest bail and house arrest conditions imposed in Canadian history. His family put up $100,000 to guarantee his release condition that he wear an electronic monitoring device at all times, remain under 24-hour supervision (even while at home). He also had to inform authorities 48 hours in advance if he planned on leaving his home and had to submit the names of people he planned on seeing. Those bail conditions were eased in September 2009. Two years later, the government issued a security certificate against him and served him with a notice of deportation. Even now, Mr. Harkat cannot use the internet, cannot use a telephone outside the house and must receive special permission to leave Ottawa. Mrs. Harkat says officials with the Canadian Border Services Agency are constantly parked outside their home. Copyright © 2013 Eye Media Solutions Inc. All rights reserved.