Matthew Behrens, founder of the Campaign Against Secret Trials In Canada, wants to take on some of that responsibility. He recently offered to pledge $5,000 as bail for Mohammad Mahjoub, 44, an Egyptian refugee who Canada's intelligence service says was a leading member of an al-Qaida-related organization. He has been in jail for almost five years under a national security certificate. "There's never been a single iota of evidence presented to show that there's a risk. There's a lot of paranoia, there's a lot of fear but it's not actually been substantiated by anything," says Behrens. Under the security-certificate process, the government can detain non-citizens without charge or trial indefinitely pending deportation. The only recourse for detainees is to ask a federal court to decide whether the certificate is reasonable, a ruling based on evidence that neither the accused nor their lawyers can see. Exasperated defence lawyers have consistently complained that their ability to defend their clients is seriously obstructed. The situation becomes even more difficult in cases where a deportee faces the risk of torture in their home country. The Supreme Court of Canada has ruled such deportations can only take place in "exceptional circumstances," but to date, those circumstances have not been defined. But if deportation is not an option, the vexing question of what to do with detainees remains unanswered -- and the Supreme Court of Canada may end up deciding, if politicians don't do so first. Civil libertarians want suspected terrorists charged and tried in open court. However, being forced to disclose evidence, carries its own risks. "The legal protections are sometimes an impediment to security," says Thompson. To get around some of the problems inherent in open-court proceedings, the Americans have sometimes resorted to shipping suspected foreign terrorists to Guantanamo Bay -- away from prying defence lawyers. "They won't arrest people and detain them in-country," says Rudner. "They'll shift them out of jurisdiction to places where they can be incarcerated." Ultimately, the answer might be found in some still-to-be-mapped-out middle ground, experts say. One way might be to have suspected terrorists charged and tried in Canada, with a security-cleared lawyer appointed by the courts to oversee evidence that would otherwise be kept secret. Behrens says he believes mounting legal and public pressure will be the undoing of the current regime "We're hoping that one day a judge is going to say no -- that this process is completely wrong," says Behrens. "We're getting a little bit closer (to that) because more people are aware of what's going on." --- Sketches of five Muslim foreigners currently under national security certificates:
HASSAN ALMREI
Nationality: Syrian Age: 31, single Allegation: Attended camps linked to Osama bin Laden. Detained: Toronto, October 2001 Current status: Appealing denial of bail to Supreme Court. Fighting deportation --- ADIL CHARKAOUI
Nationality: Moroccan Age: 31, married, two children Allegation: Ties to al-Qaida Detained: Montreal, on $50,000 bail (jailed May 2003 to February 2005) Current status: Fighting security certificate before Supreme Court and deportation --- MOHAMED HARKAT
Nationality: Algerian Age: 36, married Allegation: Sleeper agent for al-Qaida Detained: Ottawa, December 2002 Current status: Fighting security certificate, deportation --- MAHMOUD JABALLAH
Nationality: Egyptian Age: 41, married, six children Allegation: Key member of Egyptian terrorist group al-Jihad with ties to senior members of al-Qaida Detained: Toronto, August 2001 (also detained for nine months in 1999) Current status: Fighting deportation and third national security certificate (first two thrown out) --- MOHAMMAD MAHJOUB
Nationality: Egyptian Age: 44, married, three children Allegation: Member of Egyptian terrorist group Vanguards of Conquest linked to al-Qaida Detained: Toronto, June 2000 Current status: Seeking bail. Fighting deportation Copyright © 2005, Canoe Inc. All rights reserved.
