Federal Court upholds national security certificate

posted on December 10, 2005 | in Category Security Certificates | PermaLink

Original author: Jonathan Montpetit (CP) Source: The Toronto Star URL: [link] Date: December 9, 2005 Court upholds national security certificate

MONTREAL - The Federal Court of Canada has rejected a suspected terrorist's bid to throw out the government's case against him. Adil Charkaoui, 32, was trying to invalidate the national security certificate the government issued against him under federal immigration law in 2003. He also tried to have parts of the immigration law declared unconstitutional. Critics of the law say it creates a so-called "torture loophole" that opens the possibility security certificate detainees can be sent to countries that use torture as an interrogation method. Federal authorities want the landed immigrant deported to his native Morocco. His supporters say Charkaoui, who has maintained his innocence throughout, faces torture upon his return. Judge Simon Noel ruled Friday that the security certificate was legal and respected the Canadian Charter of Rights and Freedoms."Mr. Charkaoui did not demonstrate that the (Immigration and Refugee Act), the application in his regard or the decisions taken, equated torture, inhuman treatment or degrading treatment," Noel wrote in his ruling.

Charkaoui, one of five Muslim men being held on security certificates, is suspected by the Canadian Security Intelligence Service of having ties with the Al Qaeda terrorist network.

A 2002 Supreme Court ruling allowed terrorism suspects to be deported to face torture in exceptional circumstances, but didn't define those circumstances.

Charkaoui was freed on bail in February under strict conditions after being incarcerated for close to two years without trial.

"Today, the Federal Court bounces the ball back to elected officials: `Will you uphold human rights? Will you stand up against torture? Will you uphold the absolute international prohibition on returns to torture?' " Charkaoui said in a news release.

"It is once again in the hands of the politicians."

Earlier this week, Charkaoui said he was so upset at Denis Coderre, the former Liberal immigration minister who signed his detention order, that he was willing to serve as a Bloc Quebecois spokesperson in the riding where he lives.

"I want to try to do it within my conditions," he told reporters Tuesday.

Since being released on $50,000 bail, which he posted with the help of many prominent Quebecers, Charkaoui must respect a curfew, stay with his family and wear an electronic monitoring bracelet.

The Bloc Quebecois denied he has any official standing within the party.

Friday's decision marked the second time Charkaoui has challenged the constitutionality of security certificates, under which most of the evidence against a defendant is seen only by the government and the judge.

In 2004, the Federal Court of Appeal rejected his bid to have the certificates declared unconstitutional.

Charkaoui said he will appeal this most recent decision.

He is also expected to once again challenge the constitutionality of security certificates in front of the Supreme Court in June.

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