Mohamed Harkat with his wife Sophie in front of the Supreme Court of Canada, Thursday, October 10, 2013 in Ottawa. Harkat is challenging the constitutionality of the security certificate provisions in Canada's Immigration and Refugee Protection Act.
Photo Credit: Adrian Wyld/CP

Supreme Court hearing Ottawa man’s challenge of security certificates

An Ottawa man accused of terrorist ties for more than a decade was before the Supreme Court of Canada Thursday (October 10) to challenge the constitutionality of national security certificates.

Almost 11 years after his arrest, Mohamed Harkat, a former gas station attendant and pizza delivery man “is still unaware of the substance of these very serious allegations,” says the filing by Harkat’s lawyers.

A permanent resident or refugee named in a security certificate can be declared inadmissible to Canada. The person receives only a summary of the case against them, stripped of supporting details to protect sensitive security sources and methods.

The Canadian government contends the process is consistent with the guarantee of fundamental justice under the charter.

“The security certificate scheme provides a substantial substitute for full disclosure and allows the named person to know and respond to the ministers’ case,” says a federal submission.

Harkat was arrested under a certificate in December 2002 on suspicion of being an al-Qaida sleeper agent.

Harkat’s lawyers argue the security certificate process is inconsistent with the Charter of Rights and Freedoms because it provides scant information about the allegations he faces.​

More information:
CBC News – Mohamed Harkat challenges use of security certificates – here
CTV News – National security certificate system ‘carefully crafted’ with rights in mind, gov’t argues – here
Globe and Mail – Supreme Court to hear Harkat’s case in test of national security laws – here
Justice for Mohamed Harkat – www.justiceforharkat.com

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