A Federal Court judge has cleared the way for lawyers for Mohammed Harkat and three other terror suspects to act as special advocates for their clients in secret evidentiary hearings.
Though the final decision rests with the trial judges in each case, yesterday's ruling by Justice Edmond Blanchard means Paul Copeland is eligible to be appointed as special advocate for Mr. Harkat and Hassan Almrei.
Similarly, lawyer John Norris can be considered for the same role on behalf of terror suspects Mohammad Mahjoub and Mahmoud Jaballah.
Government lawyers had argued that Mr. Copeland and Mr. Norris were in a conflict of interest because they were acting as lawyers for the four men in their security certificate cases.
The government also objected because Mr. Copeland is counsel for Abdullah Almalki and Mr. Norris represents Muayyed Nureddin at the Iacobucci inquiry, which is investigating the cases of three Arab-Canadian men -- Mr. Almalki, Mr. Nureddin and Ahmad Elmaati -- who alleged they were tortured in Syria.
However, the government withdrew its preliminary objections after Mr. Copeland and Mr. Norris undertook to withdraw from those roles if they are appointed as special advocates.
In light of those withdrawals, Judge Blanchard found yesterday the Federal Court no longer had to rule on the alleged conflict of interest.
The undertakings announced yesterday effectively mean any secret information Mr. Copeland and Mr. Norris are exposed to as special advocates cannot be used to help clients involved in related matters.
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Harkat's lawyer eligible to be special advocate
posted on April 15, 2008 | in Category Mohamed Harkat | PermaLink
by Don Butler
Source: The Ottawa Citizen
URL: [link]
Date: April 15, 2008
Judge's ruling clears path for Paul Copeland to see secret evidence