Harkat lawyers seek extra funding

posted on June 25, 2008 | in Category Mohamed Harkat | PermaLink

by Laura Czekaj, Sun Media Source: The Ottawa Sun URL: [link] Date: June 21, 2008 Legal aid pay inadequate for case, say advisers

Ottawa terror suspect Mohamed Harkat has chosen a new team of lawyers. But whether or not Ottawa defence lawyers Matthew Webber and Norman Boxall will represent Harkat will be contingent on the outcome of a funding application going before the Federal Court on July 2 and 3, which attempts to have the federal government assume responsibility for paying their wages. Currently, the defence lawyers representing the Alergian national would be paid through the Ontario legal aid plan at a maximum rate of $92 an hour. Those who have been appointed to special advocate status receive about $275 an hour from the federal government.DON'T COVER OVERHEAD

The lawyers say the legal aid rate doesn't cover their overhead costs and isn't fair compensation for the amount of work they are required to do with such a landmark case.

"I think it's an important thing to do and I would love to do the case, but I want to be paid to do the case," says Boxall.

Similar applications to the Federal Court have been filed by defence lawyers representing two of the other men being detained on security certificates.

Harkat doesn't have the resources to pay for his own defence.

Boxall is an Ottawa criminal lawyer who represented the families of the Air India victims and is qualified to be a special advocate at security certificate hearings. He says it's not an issue of making more money, but rather about getting paid in a equitable fashion on a case that promises to be time consuming and lengthy.

"There's a huge discrepancy," he says. "It's not just saying it's unfair, it's more than that, it really is just inadequate."

Boxall will be a newcomer to the legal team, joining long-time Harkat defence lawyer Webber in hearings that are set to proceed in coming months.

Paul Copeland, the former other half of the defence team, has been appointed as Harkat's special advocate along with Paul Cavaluzzo, who was the lead counsel on the federal commission of inquiry into the Maher Arar case.

Harkat is currently under house arrest and is being held on a security certificate based on allegations by the Canadian Security Intelligence Service that he has links to terrorist activity.

He has denied those allegations.

His most vocal supporter, his wife Sophie Harkat, says that the federal government must cover the lawyers' fees, otherwise her husband will likely be without a defence lawyer.

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