Original author: Terry Pedwell Source: Canadian Press and CANADA.COM URL: [link] Date: March 23, 2005 Harkat supporters denounce court ruling, vow to fight security certificates OTTAWA (CP) - Supporters of alleged terror suspect Mohamed Harkat vowed Wednesday to keep battling federal security certificates like the one that has kept Harkat in prison for over two years. A Federal Court judge on Tuesday upheld a security certificate issued against Harkat, setting the stage for his deportation to Algeria. Justice Eleanor Dawson concluded there were reasonable grounds to believe Harkat had "supported terrorist activity" as a member of Osama bin Laden's al-Qaida network, based on her assessment of secret evidence against him. Harkat supporters denounced the decision as another step in an unjust process. "Of course we were hoping for a different decision but we are not shocked by (the) outcome," said Christian Legeais of the Justice for Mohamed Harkat Committee. "There is no justice with a process that does not conform to essential international legal standards," he said in a statement. Harkat's wife, Sophie, who has been leading a campaign to free him, said she's outraged by the ruling. "The justice system in Canada is in a sad state, and today I am outraged," she said through tears at an Ottawa news conference. "I am disgusted that I had to face my husband in jail . . . to let him know that the Canadian government had ruled against him," she said. "I was basically confirming a death sentence."Justice Minister Irwin Cotler, testifying at a Commons committee, defended the security certificate process and maintained it does not violate the Charter of Rights.

But he said problems can arise in certain cases - when suspects are judged a threat to Canadian security, but can't be deported to their homelands because they might face torture.

The only alternative at present is to keep them in detention indefinitely in Canada. "We need to look at other middle-range options," said Cotler.

He suggested the use of "control orders" that could include house arrest, curfews, or requiring suspects who remain in Canada to wear electronic ankle bracelets to track their movements.

Britain recently reformed its anti-terror laws to allow judges to impose such supervision not only on foreign nationals, but also on British citizens.

Cotler said he's willing to consider doing the same in Canada.

"Once we're exploring options in this regard, then we ought to explore it for citizens as well as non-citizens," he said after the committee hearing.

Canadian security certificates currently fall under immigration and refugee law and can be used only against non-citizens.

Under the system, accused persons and their lawyers are not informed of the precise allegations or given full information about evidence against them.

Normal standards of evidence are waived and documents can be submitted to a judge without accused persons or their lawyers present.

The court's decision upholding the security certificate process in the Harkat case cannot be appealed. In effect Harkat now faces removal from Canada to his native Algeria.

He was granted refugee status in 1997 by another Federal Court judge, after he claimed government persecution if he were to return to Algeria.

Amnesty International has also stated that Harkat faces the risk of serious human rights abuses, including torture, if deported.

Harkat's supporters said they're frustrated with the decision, but won't be deterred.

"We have never been more focused, organized, and determined," said Kevin Skerrett, a member of the committee.

"We demand that Paul Martin and Anne McLellan abolish the security certificate process and rewrite national security provisions in compliance with the Canadian Charter of Rights and Freedoms, and with international agreements such as the UN Universal Declaration of Human Rights."

Harkat, 36, has been in custody since he was arrested on Dec. 10, 2002, on suspicion of being an al-Qaida sleeper agent.

Canada's spy agency, CSIS, contends Harkat is an Islamic extremist and collaborator with bin Laden's network, which carried out the Sept. 11, 2001, attacks on the United States. Harkat has denied ever assisting Islamic radicals.

© The Canadian Press 2005