Mohamed Harkat and his family say they will fight "to the end" a Federal
Court ruling that there are reasonable grounds to believe he remains a
threat to national security.
Mohamed
Harkat wipes away tears on Friday. A Federal Court ruled this week there
are reasonable grounds to believe the Algerian-born Ottawa resident
remains a threat to national security. (CBC)
Thursday's ruling by Justice Simon Noel opens the door for
the deportation of Harkat, who was arrested after Canada's spy agency,
CSIS, alleged he was a sleeper agent for al-Qaeda.
On Friday, Immigration Minister Jason Kenney said he was frustrated
by the court process, suggesting it needs streamlining. He said he would
like to remove terrorists as quickly as possible from Canada.
During a news conference earlier Friday with supporters and his wife
Sophie, Harkat insisted his life is in danger if he is returned to his
native country of Algeria now that the court has "put a stamp on my face
[that] says 'terror.'"
Harkat, who has been living in Ottawa under virtual house arrest
since 2002 due to a security certificate, again declared his innocence
and said he feels "sick inside" after the ruling.
His wife, Sophie, called Thursday's ruling a "punch in the guts that
will leave marks for a very long time."
"This document, in my opinion, is a load of bull," she said through
tears, brandishing Noel's ruling. "We will never, ever accept this
judgment; we asked for the truth and this is not the truth."
The 42-year-old former pizza delivery man and gas station attendant
has said he fled his native Algeria and worked as an aid worker in
Pakistan before coming to Canada in 1995 as a refugee using a fake Saudi
passport.
Harkat said he used a fraudulent document only because he was in
danger and his own Algerian passport "would get me nowhere."
In his ruling, Noel said Harkat's links to the Ibn Khattab terror
group — for whom he operated a guesthouse while in Pakistan — and his
association with Islamic extremists provided reasonable grounds to
believe he engaged in terrorism activities. Noel also said Harkat was
"not truthful, honest or transparent."
"The court concludes that, while in Canada, Mohamed Harkat maintained
contacts and assisted Islamist extremists, and used some methodologies
typical of a 'sleeper agent,'" Noel wrote.
But Harkat's lawyer Norm Boxhall said the evidence presented to the
court was done so in a "hearsay fashion."
"I remain in the dark as all of you," he said.
Held without trial
Harkat was first released on bail in 2006 after being held without
trial under a national security certificate. A second certificate was
issued against him in 2008.
He won a partial victory last year when Noel loosened the
restrictions on his house arrest, though he still had to wear a GPS
monitor, report weekly to authorities and travel unsupervised only in
the Ottawa area. His passport also remained in trust with federal
agents.
A separate decision also upholds the constitutionality of the
national security certificate system the government is using to remove
Harkat from Canada.
Security certificates allow the Canadian government to detain and
deport permanent residents or foreign nationals considered to be a
security threat without revealing all the evidence to the accused.