by Matthew Behrens
Source: Rabble.ca
URL: [link]
Date: December 13, 2010


It was ironic that on International Human Rights Day, Dec. 10, family, friends, and supporters of secret trial detainee Mohamed Harkat gathered with him and his wife, Sophie, to weep and reflect on three federal court decisions against him. The latest decision upheld the regime of secret hearings and judicially sanctioned rendition to torture; and Harkat's supporter's recommitted to ending what domestic and international critics have labelled a star chamber process.

Due to a system based on secret allegations that neither accused nor lawyers can contest, Harkat has, for eight years, been subject to a "security certificate," a measure by which individuals can be detained, held indefinitely without charge, and ultimately be deported, despite the risk of torture.

The standard of proof in such hearings (which only apply to refugees and immigrants) is the lowest of any court in Canada, and a judge may accept as evidence anything not normally admissible in a court of law.

Despite a unanimous 2007 supreme court ruling that found the secret-trials process to be unconstitutional, parliament simply reintroduced new legislation that mirrored the old. Despite a limited (and many claimed a sham) process of consultation with parliamentarians, during which leading legal experts, academics, and human rights organizations showed in stark terms how the new law would not withstand a Charter of Rights and Freedoms challenge, the bill sailed through parliament and, in 2008, resulted in new certificates being issued against Harkat and four other Muslim men. Two of these certificates have since been quashed.

Last Friday, a day after the new security certificate against Harkat was found to be "reasonable," the Algerian-born refugee and his wife spoke of their devastation. Harkat stated he felt as if he were "dying inside," and Sophie declared "this is a punch in the guts that will leave marks for a very long time." Holding aloft the thick judicial rulings, Sophie said "this document is a load of bull."

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by Paul S. Graham
Source: Paul S. Graham Blog
URL: [link]
Date: December 13, 2010


I don’t know whether Mohamed Harkat is a terrorist or not. Neither do you. How could we? Harkat was convicted in a secret trial, based on secret “evidence” provided by shadowy sources who will remain unknown to Mr. Harkat and the rest of us unless we overturn the unjust, draconian laws that made this travesty of justice possible.

Yesterday Federal Court Justice Simon Noel upheld the security certificate issued against Mohamed Harkat in 2002, opining that ” . . . although the danger associated to Mr. Harkat has diminished over time, he still poses a danger to Canada, but at a lesser level . . .” This decision makes it possible for Immigration Canada to deport Mr. Harkat to his native Algeria where he would face imprisonment and torture, if not death.

A security certificate according to Public Safety Canada is a document issued by the immigration minister to force the “removal from Canada of non-Canadians who have no legal right to be here and who pose a serious threat to Canada and Canadians.”

Under the legislation governing security certificates (Bill C-3), courts are permitted to consider secret information in closed sessions. The defendant is not permitted to see this information or to question it. “Special advocates,” appointed by the minister who issued the certificate, are allowed to see the secret information, but they are not allowed to disclose it to the defendant or his lawyer. (See this in-depth analysis of security certificates.)

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by Unsigned editorial
Source: The Globe and Mail
URL: [link]
Date: December 13, 2010


Security certificates have a secure future in Canadian law, after the group of decisions last week about Mohamed Harkat by Mr. Justice Simon Noel of the Federal Court of Canada, though the enduring conundrums around the certificates mean that they will not often be used.

The judge concluded that there were reasonable grounds to believe that Mr. Harkat, an Algerian citizen, has been a terrorist and indeed that his behaviour in Canada is consistent with his being a sleeper agent.

The federal government should now work hard to enter into an agreement with the Algerian government, to make sure that, once Mr. Harkat is deported to his native country, he will not be killed, tortured or otherwise unjustly treated. The British have successfully made such an agreement for the return of terrorists and terror suspects to Jordan, with the highest level of assurance, that is, a commitment by King Abdullah.

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-- Thank you to Philippe Parent for taking these photos on a cold and snowy December evening in Ottawa.
The banner reads "LES CERTIFICATS DE SÉCURITÉ VIOLENTS LES DROITS HUMAINS." "Security Certificates are a violation of human rights."

To view more photos from the rally visit THIS page. To browse all the photos in our Web gallery visit THIS page.

by Stephen Lendman Source: Stephen Lendman Blog URL: [link] Date: December 12, 2010 An earlier article explained. Like in America, Canada is waging war on Islam, Mohamed Harkat one of many victims used for political advantage to incite fear and mask Ottawa's support for US imperialism and war on terror, a bogus one affecting innocent victims like Harkat. Based on spurious allegations of ties to Al Qaeda and the Armed Sayyaf Group (GIA), he was arrested on December 10, 2002 and imprisoned for the next four and a half years under Canada's Immigration and Refugee Protection Act provision pertaining to the "security certificate" process. Until Canada's Supreme Court (in October 2007) ruled it unconstitutional in Charkaoui v. Canada, it let authorities detain and/or deport foreign nationals and other non-citizens suspected of human rights violations, alleged threats to national security, or claimed affiliation with organized crime, using secret evidence (like in America) withheld from counsel. The same month, however, Canada's House of Commons passed Bill C-3 (a so-called anti-terror measure), amending the Immigration and Refugee Protection Act by introducing a special advocate into the certificate process on the pretext of protecting subjects during secret proceedings. This and other policies are troubling, including indefinite detentions, whether or not charged, draconian house arrest, and deportations to despotic states, ensuring torture, imprisonment or death, the reason people flee to Canada, believing they'll be safe.

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by Don Butler Source: The Ottawa Citizen URL: [link] Date: December 12, 2010 ========= See also two video clips at the Ottawa Ciitizen link above. One video of the press conference and one at the Rally at the Human Right's Monument;

========= OTTAWA - Mohamed Harkat's family and supporters vowed Friday to fight on despite this week's Federal Court finding that the Ottawa man is a member of the Osama bin Laden terrorist network. "This fight is just beginning," Harkat's wife, Sophie, said at an emotionally charged news conference. "I will stand by my husband to the end. My husband will never admit to things he did not do, or to knowing people he did not know." Norm Boxall, one of Harkat's lawyers, said almost all of Noël's findings were based on information that was kept secret, even from Harkat's own lawyers, on national security grounds. "We will be doing everything we can to challenge this judgment," he vowed. Harkat, 42, who repeatedly dabbed his eyes with tissue throughout the hour-long event, again denied that he'd ever been part of bin Laden's network. He said his life is now in danger because Noël put a terrorist "stamp" on his face. Since learning of Thursday's decision, Harkat said, "I can't sleep, I can't think straight. I have a pain in my side. I'm really devastated." When he heard the decision, his wife said, he told her, "I am dying inside." Thursday's 186-page decision means Harkat, who has lived in Ottawa since September 1995, faces the prospect of being deported to his native Algeria where, he contends, he will be tortured or killed.

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by Jim Bronskill
Source: The Globe and Mail
URL: [link]
Date: December 10, 2010


A tearful Mohamed Harkat and his wife Sophie are vowing to press on with their marathon legal fight after a Federal Court ruling that declared the Ottawa man a threat to Canadian security.

Mr. Harkat told a news conference Friday that he was shaken by the decision, which brings him a significant step closer to deportation to his native Algeria. He plans to appeal.

“I can't sleep. I'm not thinking straight, I have pain in my stomach,” said Mr. Harkat, repeatedly dabbing at his eyes during the emotional session.

Mr. Harkat, a former gas station attendant and pizza delivery man, was arrested eight years ago Friday under a national security certificate on suspicion of being an al-Qaeda sleeper agent. He denies any involvement in terrorism.

Flanked by his lawyers and a clutch of supporters, Ms. Harkat called the ruling a “punch in the guts that will leave marks” for a long time.

“We will never, ever accept this judgment. We asked for the truth and this is not the truth,” she said.

“My husband will never admit to things he did not know, or admit knowing people he does not know.

“This fight is just beginning. I will stand by my husband till the end.”

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Source: BBC News URL: [link] Date: December 10, 2010 A Canadian man accused of being an al-Qaeda sleeper agent has vowed to challenge a court ruling that could see him deported to his native Algeria.

Mohamed Harkat told reporters he would be in danger there because Canada had dubbed him a terrorist. His remarks came a day after a federal court found the former pizza delivery man a national security threat. Mr Harkat's movement has been limited under strict bail conditions, under a rarely used national security law. Lawyers for Mr Harkat told Canadian media he was devastated by the latest ruling and planned to appeal. On Thursday, federal court Judge Simon Noel rejected Mr Harkat's bid to have the "national security certificate" quashed and his bail conditions lifted. Relying on closed court proceedings, Judge Noel found that Mr Harkat had links to terrorist groups in Chechnya, Egypt and Pakistan. 'Security threat' Mr Harkat, 42, "maintained contacts and assisted Islamist extremists, and used some methodologies typical of a 'sleeper agent'," Judge Noel wrote. "There are reasonable grounds to believe Mohamed Harkat has engaged in terrorism, is a danger to the security of Canada and is a member of the Bin Laden Network." Judge Noel wrote that Mr Harkat's defence had been inconsistent and "simply incoherent, implausible if not contradictory", and concluded that he posed a threat to Canada. Canadian intelligence officials say Mr Harkat had ties to an Islamist terror group, operating a guesthouse in Pakistan for them before coming to Canada in 1995 on a forged Saudi passport. In 2002, Canadian justice and immigration officials declared Mr Harkat inadmissible to Canada and said he was a security threat. He was arrested and jailed for nearly four years, and since 2006 has been under virtual house arrest in the Ottawa area. Canadian law permits the authorities to issue a national security certificate allowing the government to detain and deport non-citizens on security grounds without revealing all the evidence, according to the Canadian Broadcasting Corporation.

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Source: Radio-Canada
URL: [link]
Date: 10 décembre 2010


Les avocats de Mohamed Harkat ont confirmé vendredi qu'ils en appelleront du jugement de la Cour fédérale, qui a confirmé jeudi la validité du certificat de sécurité dont il fait l'objet, en raison de ses liens avec des terroristes et des extrémistes islamistes reconnus.

L'un de ses avocats, Norm Boxall, a soutenu que la décision n'était pas fondée sur des preuves, mais sur des informations secrètes qui ne peuvent être testées, notamment des insinuations et des ouï-dire.

Les avocats de Mohamed Harkat ont 15 jours pour contester des aspects précis du jugement du juge Simon Noël. Ce dernier devra décider si les arguments invoqués sont suffisants pour autoriser l'appel.

La femme de Mohamed Harkat, Sophie Harkat, avait auparavant pris la parole. Elle a affirmé, en larmes, que le jugement avait été un choc. Elle s'est dite atterrée et dégoûtée par cette décision, qu'elle n'attendait aucunement.

Elle soutient que la cause de son mari est motivée par des considérations politiques, et qu'elle se battra jusqu'au bout pour obtenir gain de cause.

=======================================

Nous n'accepterons jamais cela. Ce n'est pas la vérité.

— Sophie Harkat

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Jusqu'à nouvel ordre, Mohamed Harkat demeure en résidence surveillée à Ottawa. Il doit porter un bracelet électronique qui permet à la police de le suivre à la trace.

Une manifestation d'appui à Mohamed Harkat avait lieu vendredi midi, à Montréal. Elle s'est déroulée en présence d'Adil Charkaoui, dont le certificat de sécurité a été invalidé par un tribunal l'an dernier.

TOUS DROITS RÉSERVÉS © CBC/RADIO-CANADA 2010.

by James Clancy, President of NUPGE
Date: December 10, 2010


Mohamed and Sophie Harkat
c/o Justice for Mohamed Harkat Committee
14 Perkins St.
Ottawa, ON
K1R 7G5

Dear Mohamed and Sophie,

I am writing this to you on International Human Rights Day, a date that I am sure will be forever etched into your minds. It deeply saddens me that we spend yet another December 10th with Canada's justice system still conducting secret trials.

It also saddens me that Mohamed must continue to fight for a fair and open hearing in a Canadian court. I can only imagine the impact that this decision has had on you both. I do know that you will remain strong and dedicated to seeing justice finally done.

I want to assure you that despite the recent Federal Court decision declaring the "Reasonableness" of the Security Certificate against Mohamed, the National Union of Public and General Employees (NUPGE) remains in opposition to secret trials in Canada.

The inability of an accused to challenge and question the evidence held against them is an affront to the fundamental principles of justice that my union holds dear. I believe that the current law will be found as unconstitutional as its predecessor was.

As in the past, the National Union remains committed to seeing justice done for Mohamed Harkat.

In solidarity,

James Clancy
National President

cc: Larry Brown,
National Secretary-Treasurer National Executive Board, NUPGE