Sophie and Mohamed Harkat were at home preparing for their pre-approved outing when an officer from the Canada Border Services Agency (CBSA) knocked on their door. It was 5:00 p.m. on Friday, February 22 - seven hours until the old security certificate for Mr. Harkat would be quashed. As the CBSA officer handed over the new certificate and allegation report claiming Mr. Harkat was a terrorist threat to Canada, it became official. The Ottawa couple had lost their first battle. Security certificate law is an immigration proceeding housed in the Immigration and Refugee Protection Act. It allows the Government of Canada to detain any refugee, permanent resident or other non-citizen that the Canadian Security Intelligence Service (CSIS) consider a national security threat for an indefinite period of time. This includes anyone suspected of violating human or international rights, or of participating in organized crime or terrorist activities. If CSIS can prove its allegations, the person is deported to their country of origin. Closed proceedings ensure the subject of a security certificate can never see or hear the evidence against them. On February 23, 2007 the Supreme Court ruled that security certificates were unconstitutional because they didn’t provide sufficient protection for security certificate detainees. The government was given one year to rewrite the legislation before it was permanently struck down. A new bill was passed a year later, introducing the use of special advocates who get access to the evidence, but cannot share it with their clients without approval from a judge.

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