by Jim Bronskill (CP)
Source: The Ottawa Citizen
URL: [link]
Date: November 21, 2012
OTTAWA - The long-running case of former pizza delivery man Mohamed Harkat — an Algerian refugee accused of terrorist links — will take another twist or two Thursday when the Supreme Court decides whether to hear appeals from each side.
Harkat, 44, was arrested almost 10 years ago in Ottawa on suspicion of being an al-Qaida sleeper agent. He denies any involvement in terrorism.
The federal government wants to deport Harkat under a national security certificate, a rarely used tool for removing non-citizens suspected of being terrorists or spies. He is one of three Muslim men whose certificate cases continue to grind through the courts.
Harkat lives at home with wife Sophie, but wears an electronic tracking bracelet on his ankle, must check in with authorities regularly and cannot leave town without permission.
"It's been a tremendous ordeal," said Norm Boxall, a lawyer for Harkat. "It's been a very long time."
No matter how the Supreme Court of Canada rules, Harkat's legal saga is far from over.
by Doug Hempstead, with files from Brigitte Pellerin
Source: The Ottawa Sun
URL: [link]
Date: November 22, 2012
Elated that her husband will get a chance to argue his case before the Supreme Court, Sophie Harkat celebrated by baking cookies for her lawyers.
The Supreme Court announced Thursday morning the successful appeal of Mohamed Harkat, an Algerian citizen suspected of having ties to terrorism who is challenging Canada’s system of security certificates.
The couple got the news when Sophie saw it posted to the Supreme Court website.
“I heard her screaming upstairs,” said Harkat. “But sometimes, she is screaming both sides — good news or bad.”
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 — accused of operating a safe house for Islamic extremists in Pakistan while he was still 19 and having associations with terrorist groups.
He was jailed for three and a half years — including one year in solitary confinement.
He was released on bail June 21, 2006. The government issued a security certificate against him and served with a notice of deportation in 2011.
by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: June 26, 2012
OTTAWA — Mohamed Harkat’s legal odyssey will move into its second decade this year as the Supreme Court considers whether to hear the latest appeals in his terrorism case.
Both sides have now appealed elements of an April decision that struck down a judge’s finding that Harkat was a member of the al-Qaeda network.
The government has been trying to deport the Algerian-born Harkat using the country’s security certificate law since December 2002 when he was arrested outside his Ottawa apartment building.
Harkat, 43, has always maintained that he has no connection to al-Qaeda and will be tortured or killed if returned to Algeria.
For 10 years, the case has bounced between the Federal Court, the Federal Court of Appeal and Supreme Court.
Judges have twice deemed Harkat a terrorist and ordered him deported only to have their findings overturned by higher courts that found the legal process wanting.
In April, the Federal Court of Appeal said Harkat’s right to fair trial had been compromised by the destruction of 13 wiretap recordings made by the Canadian Security Intelligence Service (CSIS) between 1996 and 1998.
Written summaries of those conversations offered critical evidence against Harkat, but without the full, original recordings, defence lawyers said they had no way to challenge their context or accuracy.
The appeal court agreed and ordered Judge Simon Noël to reconsider the case without the benefit of conversations in which Harkat did not take part.
Noël had declared Harkat an active and dangerous member of al-Qaeda in December 2010.
The same appeal court decision upheld the constitutionality of the government’s revised security certificate regime.
A Letter to Minister Toews on the Use of Torture-tainted information
posted on September 12, 2012 | in Category Canada | PermaLink
by ICLMG and 10 civil society organizations
Source: International Civil Liberties Monitoring Group
URL: [link]
Date: September 6, 2012
The Honourable Vic Toews, PC QC MP
Minister of Public Safety
House of Commons
Ottawa, Canada
K1A 0A6
Re: Use of Torture-tainted information
6 September 2012
Dear Minister Toews:
We are writing to you today to express our opposition to the government's directives that would allow for the use of information that was likely extracted through torture. These directives are currently in the public spotlight following disclosure through an Access to Information request.
It is important to note that Canada is a signatory to numerous international agreements including the Convention Against Torture, the International Covenant on Civil and Political Rights, as well as the Convention on the Rights of the Child.
All of these conventions emphasize the illegality of the use of torture and, as such, it is imperative that the Canadian government upholds its international obligations by unequivocally denying the right of any state to torture citizens or non-citizens.
To accept/ share information from states where torture is known to occur would be to renege on these international commitments. Furthermore, it would send the wrong signal, implying that there is a "market" for such information.
As such we urge the Canadian government to direct its various national security agencies including the RCMP, Canada Border Services Agency, and CSIS to discard information likely obtained through the violation of human rights and to refrain from sharing such information.
In 2006, Justice Dennis O'Connor, in his Report of the Events Relating to Maher Arar, recommended policies that now appear to have been ignored. Specifically, recommendation 14 which stated, "Policies should include specific directions aimed at eliminating any possible Canadian complicity in torture, avoiding the risk of other human rights abuses and ensuring accountability."
We, the undersigned, strongly believe that the Canadian government and its institutions are responsible for the safety and well-being of Canadians. However this duty must align itself with international agreements, and with Canada's own Charter obligations.
The Government of Canada must condemn the use of torture, without caveats.
Sincerely,
Ihsaan Gardee
Executive Director
CAIR-CAN
Roch Tassé
National Coordinator
International Civil Liberties Monitoring Group
Gail Davidson
Executive Director
Lawyer's Rights Watch Canada
Brent Patterson
Political Director
The Council of Canadians
Dave Coles
President
Communications, Energy and Paperworkers Union of Canada
James L. Turk
Executive Director
Canadian Association of University Teachers
Vincent Gogolek
Executive Director
BC Freedom of Information and Privacy Association
Carmen Cheung
Senior Counsel
BC Civil Liberties Association
Nicole Filion
Directrice générale
Ligue des droits et libertés
Warren Allmand, P.C., O.C.,Q.C.
Carol Dixon
Presiding Clerk
Canadian Yearly Meeting-Religious Society of Friends(Quakers)
Rita Morbia
Executive Director
Inter Pares
CBC: Security certificates process has evolved, ex-CSIS official says
Source: CBC News
URL: [link]
Date: September 7, 2012
The secretive, highly contentious security certificate process strikes a balance between upholding fundamental human rights and protecting society from security threats, says a former top official with the Canadian Security Intelligence Service.
In an exclusive interview with host Evan Solomon on CBC News Network's Power and Politics, Ray Boisvert, former assistant director of intelligence for CSIS, said intense scrutiny and various legal challenges have fine-tuned the rarely used process.
First established in 1978, security certificates have been used in fewer than 30 cases since 1991, according to Boisvert, who is now president of I-Sec Integrated Strategies. The threat environment has "transformed tremendously" and requires a delicate balance between enabling the state to protect its citizens as a fundamental obligation – and upholding individual freedoms protected under the Canadian Charter of Rights and Freedoms, he added.
Boisvert said intelligence gathered by spy agencies is not meant to be used in court like evidence gathered by law enforcement agencies, and is usually obtained and shared through a network of international partners.
Canada’s spy service fights court ruling it says puts informants in danger
posted on July 09, 2012 | in Category CSIS | PermaLink
by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: July 2, 2012
Public Safety Minister Vic Toews has asked the Supreme Court to overturn a ruling by the Federal Court of Appeal that struck down the right of CSIS to always shield the names of its sources.
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.
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 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.
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.