Harkat shows classic signs of 'sleeper' agent: CSIS

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

Source: The Canadian Press
URL: [link]
Date: November 4, 2008


OTTAWA — Mohamed Harkat has shown telltale signs of being a terrorist "sleeper" agent ever since he came to Canada 13 years ago, says the Canadian Security Intelligence Service.

A CSIS officer, identified only as "John" to protect his identity, told Federal Court on Tuesday that Harkat has offered contradictory stories about his background over the years.

But the spy agency's bottom line, said the officer, is that "we think he is a supporter of the (Osama) bin Laden network and he therefore represents a threat to the security of Canada."

One of the things that sparked the suspicion of CSIS was that Harkat, an Algerian native who came to Canada from Pakistan in 1995, arrived carrying a phoney Saudi Arabian passport.

He has said he was fleeing political persecution in Algeria and the fake travel document was the only way he could get to Canada to make a refugee claim.

But the CSIS agent said the security service, based on its analysis of al-Qaida's operating methods, considered Saudi documents "the passport of choice" for members of the bin Laden network.


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Hard to tail testy terror suspect, court told

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

by Jim Brown (CP)
Source: The Toronto Star
URL: [link]
Date: November 4, 2008


[PHOTO: TOM HANSON/THE CANADIAN PRESS FILE PHOTO
Bail conditions limit former pizza delivery man Mohamed Harkat to three supervised outings a week and occasional walks with his wife. ]

OTTAWA–It's getting harder to keep tabs on accused terrorist Mohamed Harkat and make sure he's living up to his bail conditions as his case drags on, says the man in charge of shadowing him.

Peter Foley, enforcement chief for the Canada Border Services Agency, told Federal Court yesterday the frustration over surveillance is mounting – for Harkat and his wife Sophie as well as the border agency.

"The relationship is becoming more confrontational," said Foley. "They don't hide their displeasure at our encroachment."

The comments came as the federal government launched its latest effort to kick Algerian-born Harkat out of Canada as a suspected Al Qaeda agent. The former pizza delivery man denies any terrorist ties.

He was arrested in 2003 based on evidence – most of it still secret – gathered by the Canadian Security Intelligence Service. He was released from custody in 2005.

Harkat is confined to his home most of the time, with three supervised outings a week and occasional walks around the neighbourhood with his wife. He must wear a GPS ankle bracelet, his mail is intercepted, his phone tapped, his contact with the media restricted. Any visitors must be pre-approved.

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Harkat spoke with Bin Laden's banker: CSIS

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

by Andrew Duffy
Source: The Ottawa Citizen
URL: [link]
Date: November 04, 2008

OTTAWA - A senior Canadian spy says Mohamed Harkat operated as an al-Qaida sleeper agent in Ottawa - and kept in contact with Osama bin Laden's main banker.

The Canadian Security Intelligence Service official, identified only as John, told a Federal Court hearing Tuesday that Harkat's behaviour was consistent with an al-Qaida sleeper: He kept a low profile, denied his known use of aliases and lied about his connections to Islamic extremists.

"Mr. Harkat showed the characteristics of being a sleeper agent after arriving in Canada," John testified.

[ PHOTO: Mohamed Harkat was arrested in December 2002 seven years after his arrival in Canada. Chris Wattie/Reuters ]

John, a section chief in the Middle East branch of the spy agency, has spent 10 years investigating and analyzing Islamic terrorism.

He is the first CSIS agent to testify against Harkat in open court.

Harkat, 40, an Ottawa pizza delivery man, was arrested in December 2002 on the strength of a security certificate seven years after his arrival in Canada.

Federal Court Justice Simon Noel must now decide whether the government made a reasonable decision when it labelled Harkat a terrorist.

CSIS alleges that Harkat served as a soldier in Afghanistan during the early 1990s and has links to terrorist groups associated with the bin Laden network, including the Algerian GIA and the Egyptian Islamic Group.

John also testified that the spy agency recorded a phone conversation between Harkat and a man named Haji Wazir.

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Judge upholds security legislation

posted on November 06, 2008 | in Category Security Certificates | PermaLink

by Colin Perkel
Source: The Gobe and Mail
URL: [link]
Date: November 4, 2008


TORONTO — It's simply too soon to decide whether parts of Canada's new national security legislation might be unconstitutional, a Federal Court judge ruled yesterday.

Chief Justice Allan Lutfy said that he did not have a factual basis to decide whether the revamped law tramples the rights of foreigners detained as suspected terrorists under national security certificates.

"This constitutional motion is supported with little, if any, adjudicative facts or evidence," the court held. "The motion is substantially based on legislative facts or ... constitutes a 'facial constitutional challenge' of the impugned provisions in the new legislation."

At issue are gag orders that apply to security-cleared lawyers known as special advocates, appointed to test the government's secret intelligence used against detainees.

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CSIS agent to outline case against Harkat

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

by Andrew Duffy Source: The Ottawa Citizen URL: [link] Date: November 04, 2008 Terror trial shrouded in secrecy set to hear rare public testimony

For the first time in six years, a national security agent is expected to testify today in public as to why the federal government considers Mohamed Harkat a terrorist. Mr. Harkat was arrested in December 2002 on the strength of a security certificate that declared him a threat to Canada. Until now, however, the evidence against him has been presented in secret hearings, or through the release of written briefs. Mr. Harkat is in Federal Court this week for a hearing to determine whether government ministers made a reasonable decision in labelling him an al-Qaeda sleeper agent. A similar hearing in 2005 upheld the case against Mr. Harkat, but that finding was later overturned by the Supreme Court. The high court ruled that the process was so secretive that it frustrated Mr. Harkat's ability to defend himself. This time, Mr. Harkat has been represented in the secret portion of the reasonableness hearing by two special advocates acting on his behalf. The public portion of the case is expected to hear today from a Canadian Security Intelligence Service witness, who will outline the spy agency's evidence against Mr. Harkat.

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Fear of deportation keeps me honest: Harkat

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

by Andrew Duffy, Canwest News Service
Source: The Ottawa Citizen
URL: [link]
Date: November 05, 2008


OTTAWA - Accused terrorist Mohamed Harkat says he can be trusted not to violate any bail conditions because he's so scared of being deported to Algeria.

Harkat has asked Federal Court Justice Simon Noel to ease his strict bail terms and permit him to remain home alone.

He told court Wednesday he knows any misstep would disappoint his family and supporters, put him back in jail and increase the likelihood of his deportation.

"My life is on the line," Harkat testified. "If I am deported to Algeria, it's a nightmare: I look at it like an execution."

The federal government has issued a security certificate against Harkat that declares him an al-Qaida member and a danger to national security.

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Le cas de Mohamed Harkat de retour devant les tribunaux

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

par Philippe Orfali
Source: Le Droit
URL: [link]
Date: 3 novembre 2008

Le cas du présumé terroriste canadien Mohamed Harkat sera de retour devant les tribunaux, ce matin, cette fois à la Cour suprême.

« Aujourd'hui, on entame soit notre procès public, soit la révision des conditions qui entourent son assignation à résidence », a dit la femme de M. Harkat, l'ottavienne Sophie Lamarche-Harkat.

« On espère que le procès public ne commencera pas. Nos avocats n'ont actuellement pas accès aux preuves secrètes que prétend détenir le Service canadien du renseignement de sécurité (SCRS) », a dit Mme Lamarche-Harkat.

Mais près de six mois pourraient s'écouler avant que ces renseignements soient rendus publics par le SCRS. À la mi-septembre, le juge Simon Noël de la Cour fédérale ordonnait au Service de divulguer une partie de ce matériel, dont des ébauches écrites, des diagrammes, des enregistrements et des photographies en lien les prétendues activités de M. Harkat, un ancien livreur de pizza.

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Harkat terror case to go ahead, despite lag in disclosure

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

Source: The Canadian Press
URL: [link]
Date: November 3, 2008


OTTAWA - The court case against accused terrorist Mohamed Harkat is going ahead, even though the government has yet to hand over material it's been ordered to provide to the defence.

Justice Simon Noel of Federal Court rejected an effort by Harkat's lawyers Monday to put off further hearings until the Canadian Security Intelligence Service makes the previously secret information available.

Noel said it would be better to get things started, even if it means a full airing of some issues has to wait until later.

The Algerian-born Harkat, a former pizza delivery man, is accused by CSIS of being an al-Qaida agent who should be deported as a security risk. He denies any terrorist ties.

The allegations against him were upheld by a Federal Court judge in 2005, but the Supreme Court of Canada threw out the findings because the excessive secrecy of the process infringed the Charter of Rights.

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Harkat headed back to court

posted on November 06, 2008 | in Category Mohamed Harkat | PermaLink

By Aedan Edan Helmer, Sun Media Source: The Ottawa Sun URL: [link] Date: November 3, 2008 Crown to call two witnesses in bail review

OTTAWA -- Mohamed Harkat will be back in court this morning for a review of his bail conditions, and new evidence might be presented by the Crown for the first time in years. The Algerian-born Harkat was arrested on December 10, 2002, under a security certificate, and after spending 43 months in detention, has remained under house arrest with some of the toughest bail conditions in Canadian history. The Canadian Security Intelligence Service has maintained the evidence against Harkat could compromise national security, and it has remained tightly guarded from Harkat's team of lawyers.

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Harkat asks court to trust him; judge wonders why

posted on November 05, 2008 | in Category Mohamed Harkat | PermaLink

by The Canadian Press
Source: CTV News
URL: [link]
Date: November 5, 2008


OTTAWA -- Accused terrorist Mohamed Harkat says he needs his stringent bail conditions relaxed -- and he promises he can be trusted to behave himself if Ottawa will agree to ease the rules.

But a Federal Court judge is expressing reservations on that point, saying Harkat has not always told the truth.

Justice Simon Noel notes that another judge ruled in 2005 that Harkat had lied on several occasions to the Canadian Security Intelligence Service.

Noel asked Harkat bluntly what reason there is to trust him now if his bail conditions are modified to allow him more freedom.

Harkat replied that, in his past questioning by CSIS, he was scared of the security service and hampered by his imperfect English.

It's a different situation now, he told Noel, insisting that since his release from custody a little more than two years ago he's done his best to earn people's confidence.

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