Danger, What Danger?

Canada's security certificates issued during the emphatically strenuous years of coming to terms with the reality of the presence of malevolent forces striving to imperil democratic countries and their populations from among the ranks of radicalized Islamist fundamentalists has seen its legitimacy in protecting the country challenged, once again. This is a confounding turn of events. Simply because of the fact that there are covert cells and individuals acting with malice aforethought to do real harm to the country.

In Canada there is a separation of powers in our constitutional democracy, to ensure that three branches agree on legal process. The legislative sector passes laws, the executive branch implements those laws. Finally, the judiciary clarifies the laws, as seen to be needed. Each of these connecting, not opposing elements ensure that no one element overrides the others in the best interests of the government and its people.

Clearly, with the Federal Court striking down one security certificate after the other, declaring them unconstitutional, the judiciary is imposing its power over the legislative and executive branch. Effectively instructing both to construct a more 'acceptable' instrument of arrest leading to either imprisonment or deportation. In this most recent ruling, freeing terror suspect Syrian-born Hassan Almrei, the federal government is back to square one.

The security certificate empowering government to detain suspects who are foreign nationals residing in Canada, without charge, is the signal tool used in potentially apprehending terrorism on Canadian soil. Back to the drawing board. The government has been quite clear; it cannot, in the interests of national security, release for disclosure information it has on the level of threat a suspect represents.

That sounds eminently reasonable. Why should this country be concerned with the niceties of providing constitutional rights to those who enter the country illegally and perhaps for the purpose of imperilling the country? And if there is any reasonable doubt that the accused could or would be involved in potential atrocities, the country is under no obligation not to deport him back to his country of origin.

Which is precisely what the government has been attempting to do. However, Justice Richard Mosley in his compassionately judicial wisdom felt that though it was reasonable to feel that Hassan Almrei posed a national security threat at the time of his 2001 arrest, he is now an altered man whose years free of active work on behalf of jihad would render him no longer a valid terrorist suspect. Suspicion and intent to deport should be withdrawn.

Mr. Almrei was involved in an illegal document-forging enterprise prior to, and post-entry into Canada in 1999. Upon entry he did not render information respecting countries he had formerly visited and he entered with a false passport. Nor did he divulge the information that he had been associated with suspected Islamic extremists. None of which, according to Judge Mosley adequately brands him a terror suspect. Although all represent just reason for deportation.

Huzzah! Mr. Almrei is now a free man, free to take up his mission where it left off. Triumphant in his judicial pardon, and prepared to remain in Canada until such time as the federal government finally prevails in its intention on removing him from Canadian soil. Mr. Almrei exults in the ruling that has freed him from suspicion as a clear "...victory of real evidence over unclear intelligence".