posted on May 19, 2012 | in Category CSIS | PermaLink
by The Canadian Press Source: 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."
by Julie Oliver
Source: The Ottawa Citizen
Date: April 25, 2012
Mohamed Harkat smiles at a press conference in Ottawa, April 25, 2012. Photo by Julie Oliver for The Ottawa Citizen. All rights reserved.
by Michael Aubry Source: 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.
by Andrew Duffy and Don Butler Source: 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.
by Mike Blanchfield (CP) Source: 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.
Source: Radio-Canada
URL: [link]
Date: 25 avril 2012
Mohamed Harkat après le jugement de la Cour fédérale d'appel.
Mohamed 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
Source: CBC News
URL: [link]
Date: April 25, 2012
Mohamed Harkat is no closer to deportation today after the Federal Court of Appeal in Ottawa ordered his case back to a federal court judge, saying some of his rights had been violated.
Harkat, a former Ottawa pizza delivery man, was arrested in 2002 and is facing removal from Canada under a certificate that declares him a security threat due to alleged terrorist links. Mohamed Harkat has been in and out of court fighting a deportation order since his arrest in 2002.
A judge who scrutinized the certificate said Harkat maintained ties to Osama bin Laden's terror network, including Ahmed Said Khadr — the late father of Toronto's Omar Khadr, who has spent years in a U.S. prison at Guantanamo Bay, Cuba. Harkat, 43, has repeatedly denied any involvement with political extremism.
His lawyers argued to the Federal Court of Appeal that the security certificate system was unconstitutional, and said Harkat's rights were violated during the process because he was denied access to the evidence against him.
The three-judge panel found Harkat's rights were violated because he was denied access to electronic recordings that have since been destroyed.
The summaries of that evidence can now no longer be used against Harkat and requires the case to be reheard by the judge, said Court of Appeal Judge Gilles Létourneau in a written decision.
The panel also found that the judge erred in finding CSIS informers fall into a privileged class who are granted conditions of anonymity.
Security certificates constitutional
by Kirk Makin Source: The Globe and Mail URL: [link] Date: April 25, 2012
A contentious terrorism provision creating the use of “special advocates” who are privy to secret government evidence is constitutional, the Federal Court of Appeal ruled today.
But the federal government’s victory triumph was tempered by a finding that the rights of suspected terrorist Mohamed Harkat were violated by the use of electronic recordings that have since been destroyed.
Any such evidence can only be used against Mr. Harkat if he was privy to the contents, the court said. It sent the case back to a trial judge for reconsideration based only on the portions that are properly admissible.
In another important victory for those targeted under the security certificate process, the three-judge panel found that Mr. Harkat’s trial judge was wrong to create a special “class privilege” for informers in these cases.
Click on the photo of Mohamed to see all items related to him. JUNE 2017: Mohamed Harkat once again faces deportation to his native Algeria after the Supreme Court of Canada declared the federal government’s security certificate regime constitutional.
This fight is not over. The Justice for Mohamed Harkat Committee will re-double its efforts to see that justice is done for Mohamed Harkat and that the odious security certificate system of injustice is abolished once and for all.
Contact Us
Sophie Harkat
Here is the contact information for Sophie Harkat.
Email Sophie: [email]
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Our Legal Team:
Barbara Jackman, Lead Public Counsel for Mohamed Harkat
Jackman, Nazami & Associates
Barristers and Solicitors
596 St. Clair Avenue West
Unit 3
Toronto, ON
M6C 1A6
Tel.: (416) 653-9964
[email]
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Christian Legeais, spokesperson and bilingual media contact: