by Andrew Duffy Source: The Ottawa Citizen URL: [link] Date: January 20, 2012
OTTAWA — Lawyers for Ottawa’s Mohamed Harkat have asked the Federal Court of Appeal to strike down the country’s security certificate law for a second time.
The Harkat case will be the first to test whether the government’s revised security certificate law can withstand a challenge under the Canadian Charter of Rights and Freedoms.
The previous version of the law, used to deport foreign-born terror suspects, was ruled unconstitutional by the Supreme Court in February 2007.
In that ruling, Canada’s high court said the security certificate process was so secretive that it denied defendants the fundamental right to meet the case against them.
The government subsequently introduced a new law, which gave terror suspects the right to be represented in secret hearings by “special advocates” — defence lawyers with security clearance. Special advocates are allowed only limited contact with the accused.
Harkat’s legal team contends the new law still leaves defendants too much in the dark.
“The only evidence that truly matters is unknown to him (Harkat),” wrote lawyers Matthew Webber and Norm Boxall in a court brief.
“It is apparent that public proceedings are little more than a façade, with little to no direct evidence shown to Harkat.”
For example, they said, the federal government publicly alleged that Harkat spent time in Afghanistan. But the Algerian-born Harkat was told nothing about the timing, duration, purpose or destination of the alleged sojourn, which made it next to impossible to refute.
It is not enough, the lawyers argued, for the government to offer the “veneer of public disclosure” when it is only through detail that Harkat can attack the validity of such allegations.
Here are a few more photos from our recent rally at the Human Rights monument in Ottawa. Thank you Terry Stanvyck for sharing your pics.
Sophie and Mohamed Harkat listen to one of the speakers at the Rally CAIR-CAN's Ihsaan Gardee. Photo by Terry Stanvyck.
Mohamed Harkat was the last speaker. In a symbolic gesture of solidarity his supporters joined him on stage and stood behind him. Photo by Terry Stanvyck.
by Matthew Behrens Source: Rabble.ca URL: N/A Date: December 21, 2011
Four years after the Supreme Court of Canada unanimously found them unconstitutional, secret hearing "security certificates" are still in use, with a number of Muslim men fighting unseen allegations while under threat of deportation to torture.
Security certificates have long been used by Canada's scandal-plagued spy agency CSIS (the Canadian Security Intelligence Service) to tar refugees and permanent residents as national security threats without having to explain the allegations against them. Those detained under the process are never charged, and subjected to lower standards than those applying to any citizen facing similar accusations. Indeed, the law governing the procedure allows for the introduction of any piece of information "even if it is inadmissible in a court of law."
For the past decade, five Muslim men -- dubbed the Secret Trial Five -- have endured this Kafkaesque process both behind bars and under humiliating house arrest. Last month, the release of two formerly classified documents indicates that the national security secrecy claims that form the bedrock of these cases have in fact served as a cover for illegal and unethical acts by CSIS.
Thank you, Tyrone (OttawaFRO), for filming and uploading to YouTube this video footage from Saturday's Rally in Ottawa on International Human rights day.. Mo himself was at the event and made an emotional speech which you can watch in Part 7. Thanks to all who attended.Keep fighting! Keep agitating!
Part 1 Part 2 , Part 3, Part 4, Part 5, Part 6 and Part 7.
Security certificate injustice for Mohamed Harkat: Nine years on
by Justice For Mohamed Harkat Committee Source: Rabble.ca URL: [link] Date: December 9, 2011
Think back to December 10, 2002 -- nine years ago this weekend, International Human Rights Day.
Perhaps on that day you were aware of the human rights significance, and perhaps not. But more importantly, what were you doing with your life back then? Were you in a different job? A different city? Perhaps in the interim you earned a post-secondary degree or diploma, or possibly more than one. How many job interviews did you attend in those nine years? How much money have you earned? Did you have children? Did you visit relatives in another province? Perhaps take a honeymoon? Travel abroad?
None of these things have been possible for Mohamed Harkat. This weekend -- International Human Rights Day -- marks the ninth anniversary of the detention of Mohamed Harkat under a security certificate -- a draconian detention under the so-called Immigrant and Refugee Protection Act for which no charge is laid, and the information on which the allegation is based is kept secret from the detainee and their lawyers.
Click on the photo to see all the photos from our December 10th rally marking Moe's 9th anniversary of his security certificate:
Mohamed Harkat speaking to supporters in Ottawa, December 10, 2011. Photo by Gabrielle Brunette Poirier.
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: