Original author: John Steinbachs Source: The Ottawa Sun URL: [link] Date: March 23, 2005 Terror suspect lied about ties to extremists

MOHAMED HARKAT lied about his past under oath and the feds have reasonable grounds to deport him, a federal court judge ruled yesterday. Justice Eleanor Dawson's decision comes as another blow to Harkat who has been fighting allegations of having links to terrorism for two years. Dawson also ruled the legislation being used against him is constitutional. "I'm disappointed," said Harkat's lawyer Paul Copeland. But despite the loss, Copeland said Harkat's deportation is not imminent. "The minister's delegate still has to decide whether or not it's appropriate to send him back to Algeria (where he could be tortured or killed)," said Copeland.

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Original author: Matthew Behrens of The Campaign To Stop Secret Trials in Canada
Source: TASC Email List Date: March 23, 2005 (feel free to forward and reproduce) The Good, the Bad, and the Ugly: Just Another Busy Day in the Land of Secret Trials Mahmoud Jaballah Wins Judicial Review on Deportation to Torture; Security Certificate Upheld in case of Secret Trial Detainee Mohamed Harkat; Bail Hearing Continues for Secret Trial Detainee Mohammad Mahjoub; Security Certificate Hearing for Secret Trial Detainee (now under house arrest) Adil Charkaoui Suspended Pending new Protection Decision; Hassan Almrei marks 41 Months, Six Days in Solitary Confinement in Toronto Detention Facility

March 23, 2005--It was just another busy day in the land of secret trials yesterday. In a Toronto courtroom, eloquent arguments were heard in calling for the release on bail of secret trial detainee Mohammad Mahjoub, held without charge on secret "evidence" almost five years in a Toronto detention facility. Government lawyers pressed their case to deport him, knowing full well the torture or death which awaits him if returned to Egypt. The hearing is set to conclude April 22, with a decision hopefully within a month or two afterwards. Meanwhile, the secret trial security certificate against Algerian refugee Mohamed Harkat, held since his arrest on International Human Rights Day, December 10, 2002, was upheld on the basis of secret evidence. This will mean further jail time, and more court time, arguing that he, like Mahjoub and the other detainees, should not be deported given the cruel and unusual treatment which would be their fate.

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Source: Press Release from The Justice for Mohamed Harkat Committee Date: March 23, 2005 For Immediate Release 23 March 2005 Harkat Federal Court decision "unjust" Supporters vow to continue fight

OTTAWA - Supporters of Mohammed Harkat vowed today to continue their fight against "security certificates" in the face of a Federal Court Decision that upholds the controversial tool that has kept Harkat in prison for over two years without charge. Justiice Eleanor Dawson stated in her decision which was announced yesterday and based on secret "evidence" heard in the absence of Mr. Harkat and his counsel that: "an order will issue determining the security certificate to be reasonable." Supporters of Harkat denounced the decision as just another step in an unjust process.

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Original author: Mary Foster
Source: Coalition Justice pour Adil Charkaoui

Two secret trial decisions came out yesterday, on the eve of Martin meeting with Bush in the US: one on Mohamed Harkat's case, and the second in Mahmoud Jaballah's case (links to both decisions are included below).

Judge Dawson upheld the certificate for Harkat after several months of deliberating on secret information, without ever having heard Harkat's side in a fair trial, in a process which undermines the principles of the legal profession. While her decision is unquestionably a victory for injustice and racism, it does NOT mean that Harkat is in imminent danger of deportation. Harkat can now apply for protection from Canada, given the fact that, as a convention refugee, he faces serious risks if he is deported. He can also apply for release on bail.

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Original author: Michelle Shephard Source: The Toronto Star URL: [link] (subscribers only) Date: March 23, 2005 Court upholds certificate against Mohamed Harkat Detainee alleged to be Al Qaeda sleeper agent

A federal court justice has upheld a national security certificate against an Ottawa gas station attendant, bringing Mohamed Harkat one step closer to being deported to Algeria. The 36-year-old has been held since Dec. 10, 2002, on allegations that he is a sleeper agent for Al Qaeda. Canada's spy service claims Harkat, while supposedly working at a Muslim charity in Pakistan in the early 1990s, operated a guesthouse for jihadis travelling to Chechnya. He is also accused of travelling to Afghanistan and associating with Abu Zubaydah, who was third on the U.S. list of most-wanted Al Qaeda suspects, behind leader Osama bin Laden and Ayman al-Zawahri.

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News: Media Advisory
For immediate release March 22, 2005 Harkat Federal Court decision "unjust" Supporters vow to continue fight

Event #1: News Conference Date: Wednesday, March 23, 2005 Time: 4:30 p.m Place: PSAC Building, 233 Gilmour St., 0ttawa Event #2: Rally Date: Wednesday, March 23, 2005 Time: 5 p.m. Place: Human Rights Monument in Ottawa (Elgin and Lisgar) The Justice for Mohamed Harkat Committee will hold a press conference to respond to the Federal Court decision to uphold the Security Certificate. Family and supporters will gather at the Human Rights Monument in support of Mohamed Harkat and to denounce the Government of Canada's oppressive use of Security Certificates and disregard of human rights. For more information contact English: Kevin Skerrett, Justice for Mohamed Harkat Committee: (613) 864-1590 French: Christian Legeais, Comite Justice pour Mohamed Harkat: (613) 276-9102 [link]


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Original author: CBC News Staff
CBC News Ottawa
URL: [link]
Date: March 22, 2005


OTTAWA - A federal court judge has upheld the use of a security certificate against Ottawa's Mohamed Harkat, who has been held in jail for more than two years.

The Canadian Security Intelligence Service says the Algerian-born man is a member of Al-Qaeda who trained in Afghanistan, then entered Canada as a sleeper agent.

On Tuesday, Madam Justice Eleanor Dawson ruled that the grounds for that certificate are reasonable, opening the way to Harkat's deportation.

She also rejected Harkat's constitutional argument that security certificates â?” which allow non-citizens to be detained on suspicion of being terrorists â?” violate fundamental justice.

The judge had agreed during the hearing not to rely on evidence against Harkat from some witnesses who may have been tortured or may have given false evidence, including Maher Arar and the so-called millennium bomber, Ahmed Ressam.

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Original author: Jim Bronskill
Source: CANOE.CA CNEWS
URL: [link]
Date: March 22, 2005


OTTAWA (CP) - A long-awaited court ruling could clear the way for deportation of Mohamed Harkat, an Ottawa man jailed for more than two years as a national security threat.

On Tuesday, a Federal Court judge upheld a security certificate issued against Harkat, potentially setting the stage for the refugee's return to his native Algeria. The decision, which cannot be appealed, effectively becomes a removal order.

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Justice Eleanor Dawson has rendered her decision on the case of Mohamed Harkat, who has spent two years and three months in jail under a security certificate. You can read the 70-page decision HERE. Sadly, the decision is negative. Harkat's security certificate was upheld. It was deemed reasonable by Justice Dawson. It has now become a DEPORTATION ORDER. The Government of Canada will now seek to remove Mohamed from Canada and deport him to Algeria where he faces imprisonment and torture because of the accusations made against him by Canada! There will likely be a further hearing to determine the risk associated with deporting Mohamed to Algeria. Please check on the Web site for updates in the coming days. THE FIGHT IS NOT OVER.

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Original author: Andrew Duffy Source: The Ottawa Citizen URL: [link] (subscribers only) Date: March 17, 2005
Measure indicates jurist taking terrorist hearing 'very seriously:' lawyer

A federal court judge will sit in a closed courtroom today to again hear secret testimony in the case of accused Ottawa terrorist Mohamed Harkat. It is the second time since the end of the public hearing in December that Judge Eleanor Dawson has recalled federal government witnesses to ask more questions of them. Mr. Harkat and his lawyer, Paul Copeland, have not been told who the witnesses are or what questions are being put to them.

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