Mohamed Harkat case likely to head to Supreme Court, stretch into second decade
posted on November 10, 2012 | in Category Mohamed Harkat | PermaLink[ Read the rest ... ]
A Letter to Minister Toews on the Use of Torture-tainted information
posted on September 12, 2012 | in Category Canada | PermaLinkCBC: Security certificates process has evolved, ex-CSIS official says
posted on September 07, 2012 | in Category Security Certificates | PermaLink[ Read the rest ... ]
Canada’s spy service fights court ruling it says puts informants in danger
posted on July 09, 2012 | in Category CSIS | PermaLink
Canada’s spy agency says its network of informants has been “imperilled” by a Federal Court of Appeal decision that struck down its right to always shield the names of its sources.
Public Safety Minister Vic Toews has asked the Supreme Court to overturn the ruling.
“As with police informers, the identity of informers who provide information to the Canadian Security Intelligence Service (CSIS) must be protected or their lives and the lives of their families could be at risk,” federal lawyer David Tyndale argues in documents filed in support of the government’s leave to appeal.
“Without a guarantee of confidentiality, individuals would be reluctant to come forward and assist CSIS, and sources would dry up.”
The appeal court ruling, he says, damages Canada’s national security, impairs its ability to deport foreign-born terror suspects, and creates two classes of informants: those who work for the police and those who work for CSIS.
“These are issues of the utmost public importance,” Tyndale contends.
In April, the Federal Court of Appeal struck down a blanket legal protection — it’s known as a “class privilege” — that had been extended to CSIS informants.
Confidential police sources already enjoy a near-absolute right to have their names kept out of court proceedings. (The lone exception involves a crime in which a defendant’s innocence can only be established by unmasking the informant.)
The appeal court, however, said it was unnecessary for CSIS informants to be offered the same automatic protection since other legal safeguards are available to them.
The issue first arose in 2008 during Mohamed Harkat’s security certificate hearing.
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CSIS breaches policy, makes errors, watchdog says
posted on May 19, 2012 | in Category CSIS | PermaLinkSource: CTV News
URL: [link]
Date: May. 18, 2012

OTTAWA — Canada's spy service continues to flout policy and make a serious number of reporting errors, says a federal watchdog whose office was recently abolished.
In her final report as inspector general of the Canadian Security Intelligence Service, Eva Plunkett says CSIS's reputation and effectiveness may suffer if the problems aren't addressed.
The "re-occurring and high rate of non-compliance with policy and the ever-increasing rate of errors in reporting identified in what is a relatively small review sample of CSIS activities is a concern to me and should be a serious concern of the Service," Plunkett says in the annual report card.
"Errors in intelligence reporting, as I have repeatedly stated over my tenure, are a serious matter and have the potential for far-reaching consequences."
The Canadian Press obtained a declassified version of Plunkett's top secret November 2011 evaluation Friday under the Access to Information Act.
Plunkett retired last December and the Conservative government recently scrapped her office, saying it would save money and eliminate duplication.
As inspector general, she served as the public safety minister's eyes and ears on the intelligence service for eight years. She had a staff of eight and a budget of about $1 million.
In her report, Plunkett says her office performs the unique role of identifying issues and recommending corrective actions before they become public controversies that undermine trust.
"This is not work done elsewhere in government on your behalf," says the report.
"At this time, it is the only independent, impartial resource available to the minister to support his responsibility and accountability for an organization which works in secret but has been given highly intrusive powers."
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New hearing for Algerian terror suspect in Canada
posted on April 28, 2012 | in Category Mohamed Harkat | PermaLinkMinor victory for Harkat in fight against deportation
posted on April 26, 2012 | in Category Mohamed Harkat | PermaLinkSource: The Ottawa Sun
URL: [link]
Date: April 25, 2012
OTTAWA - Suspected terrorist Mohamed Harkat made significant headway in his fight against deportation on Wednesday.
The Federal Court of Appeal overturned electronic phone record evidence that Harkat’s lawyer said was pivotal in the case against him.
The records were recorded by CSIS and were said to pin terrorist ties to Harkat, but they’ve since been destroyed.
A three-panel judge said the records could no longer be used against him because he must be able to know what evidence is arrayed against him.
“My first response, my eyes started tearing down and my heart started pounding hard and I was shocked,” Hakart said.
“One day,, I’m going to clear my name. It gave me hope.”
But on Wednesday the Court of Appeal upheld the use of “special advocates,” who represent Harkat and are shown secret evidence denied to Harkat’s lawyers.
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Harkat deserves new hearing, federal appeal court rules
posted on April 26, 2012 | in Category Mohamed Harkat | PermaLinkSource: The Ottawa Citizen
URL: [link]
Date: April 26, 2012
[PHOTO: Mohamed Harkat, centre, with lawyers Matt Webber, left, and Norm Boxall, holds a press conference Wednesday in Ottawa after the Federal Court of Appeal said he deserves a new hearing to determine if he’s a threat to national security.]
OTTAWA — Mohamed Harkat has been sleeping poorly of late. The Ottawa man knew the Federal Court of Appeal was about to make a decision that could have life or death consequences for him.
Depending on how the court ruled, Harkat — who was arrested in 2002 on a security certificate and has been in prison or under house arrest ever since — was facing deportation to his native Algeria, where he feared he would be tortured or killed.
That threat receded Wednesday — perhaps for good — after the appeal court ruled that Harkat, 43, deserves a new hearing to determine if he’s a threat to national security.
“It’s not over, but at least one day I’m going to see the light at the end of the tunnel,” said a visibly relieved Harkat, who couldn’t seem to stop smiling.
“It gives me another day to breathe on this earth. It’s just a matter of time to clear my name and declare I’m innocent.”
The appeal court found Harkat’s right to a fair hearing was compromised by the Canadian Security Intelligence Service (CSIS), which destroyed recordings of taped conversations from the mid-1990s.
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Terror suspect wins partial court victory
posted on April 26, 2012 | in Category Security Certificates | PermaLinkSource: Metro News Ottawa
URL: [link]
Date: April 25, 2012
[PHOTO: Mohamed Harkat takes part in a press conference in Ottawa on Wednesday, April 25, 2012. Harkat, a suspected terrorist that the federal government wants to deport, has won a partial victory before the Federal Court of Appeal. ]
OTTAWA – A man the federal government wants to deport over alleged ties to al-Qaida has won a partial victory at the Federal Court of Appeal.
In a complex ruling Wednesday, the court upheld the constitutionality of Canada’s security certificate process in the case of Mohamed Harkat. But it also found that some evidence against him must be excluded from a new court hearing.
The former Ottawa pizza-delivery man faces removal from Canada under a certificate that declares him a security threat because of alleged terrorist links. He denies any terror connection.
Harkat and his lawyers greeted the ruling as good news because it gives him another chance to clear his name at a new Federal Court hearing at a later date.
He lives under house arrest with his wife, Sophie, under a strict set of conditions that includes wearing an electronic tracking bracelet on his ankle, weekly reporting to authorities and a ban on leaving town without permission.
The court ruled that the use of so-called special advocates — lawyers appointed as watchdogs for the accused during closed-door hearings — is constitutional.
But it also said that because the originals of certain conversations were destroyed by Canada’s spy agency, any remnants of that material must be excluded from a re-hearing of Harkat’s bid to quash the security certificate against him.
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Mohamed Harkat remporte une victoire partielle en Cour fédérale d'appel
posted on April 26, 2012 | in Category Mohamed Harkat | PermaLinkMohamed Harkat, soupçonné d'être un agent d'Al-Qaïda, remporte mercredi une victoire partielle en Cour fédérale d'appel. Le tribunal confirme la constitutionnalité du système canadien des certificats de sécurité dans le dossier de Harkat. La cour estime toutefois que certaines preuves déposées contre Harkat devront être exclues d'un nouvel examen du certificat de sécurité contre lui. Le tribunal juge que les enregistrements originaux de ces conversations ont été détruits par les autorités. Par ailleurs, la Cour fédérale d'appel juge constitutionnel le recours aux "avocats spéciaux" responsables de veiller aux intérêts de l'accusé lors d'audiences à huis clos. Réactions des proches de Harkat
Le jugement est bien accueilli par le Comité justice pour Mohamed Harkat. « Ça veut simplement dire qu'il ne sera pas déporté demain matin. Ce n'est pas fini. Le cauchemar pour lui continue. » — Christian Legeais, porte-parole du Comité justice pour Mohamed Harkat. Sophie Harkat, la femme du principal intéressé, se dit pour sa par surprise par la décision du tribunal. Elle est soulagée, mais est consciente que les démarches sont loin d'être terminées. « Ce n'est pas la décision idéale pour nous, parce que ça va encore étirer les choses. On veut abolir ce processus-là parce qu'un processus comme ça dans une démocratie ne devrait pas exister. » — Sophie Harkat, la femme de Mohamed Harkat Le résident d'Ottawa pourrait être expulsé du Canada en vertu d'un certificat selon lequel il représente une menace à la sécurité, en raison de ses présumés liens terroristes. L'homme de 43 ans, d'origine algérienne, a été arrêté en 2002, mais il nie toute activité terroriste. Il a été remis en liberté sous des conditions très strictes. En complément
Audio - Le journaliste René Hardy donne les détails du jugement de la Cour fédérale d'appel dans le dossier de Mohamed Harkat.
Vidéo - Le journaliste Gilles Taillon explique la décision de la Cour fédérale d'appel dans le dossier de Mohamed Harkat.
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