Deny, Deny, Appeal

He is held by a court of law to be guilty of posing as an innocent immigrant, while in fact he was allied with terrorist activities. A potential danger to Canada. In December of 2010, Judge Simon Noel gave credence to the government's case against Mohamed Harkat who was apprehended under Canada's original security certificate law. Judge Noel declared Mr. Harkat an active, dangerous member of a terror group, based on the evidence placed before him.

The conclusion was that Mohamed Harkat was involved with an Egyptian terrorist group, Al Gammaa Al Islamiya. He had suspect contacts. He had operated a 'safe' house for a terrorist group in Pakistan. There was ample wiretapped evidence in the form of conversations which identified Mr. Harkat as a member of the AGAI. And the Government of Canada wishes to deport him to Algeria, his home country.

Where, he claims, his life will be gravely endangered. He will be arrested in Algeria, he claims, and tortured and his life may be forfeit. This he claims. The man is held to have been a danger to Canada. He was an underground operative, a sleeper agent, prepared to respond at any time he would be called upon to act, in whatever capacity, to fulfill his obligations to violent jihad.

His lawyer has informed the Federal Court of Appeal that the process is unfair to his client. This is, after all, what lawyers do; they defend their clients. And in this instance, Mr. Harkat's lawyer is defending his human rights under the Canadian Charter of Rights and Freedoms. It does seem to the casual, interested onlooker that it is more than a little absurd to express concern over the human rights under the Canadian Charter of Rights of someone who poses a safety and security risk to Canada.

But this does, after all, reflect the usual concerns of those within the country who appear to be consumed with the human rights of those who do pose risks to the country. Or whose values are inimical to those that we ourselves hold dear. Someone who is associated with groups for whom the entire point of their activities is to disrupt the rights and freedoms of Canadians.

Parliament's new law, amending the original one under which Mr. Harkat was taken into custody as a terror suspect, now permits a special advocate to be present on an accused's behalf during secret hearings. And that special advocate may receive written summaries of evidence, which can be shared with the accused and his lawyer.

Mr. Harkat's lawyer contends that insufficient details are released to enable Mr. Harkat to defend himself against the accusations levelled against him. But the fact is, Mr. Harkat has repeatedly defended himself against all the accusations that the Crown has levelled against him by steadfastly denying each and every one of them.

In a security certificate case, despite the urgency of the proceedings; to detain and isolate and hold accountable with evidence acquired, anyone suspected of planning terror attacks within Canada or targetting Canadian institutions or populations, the accused are still given the opportunity to appeal. And each such appeal permits that individual to remain in the country.

Mr. Harkat has been imprisoned for a lengthy period of time. He has been released on bail and with stringent conditions, some of which have been relaxed, but he remains on Canadian soil, awaiting a verdict other than the one he continues to reject. The process is a costly one for the government, and years have gone by with this man remaining in Canada, where he is not wanted.

Is it not past time for the Government of Canada to simply exert itself and finally remove those against whom sufficient evidence has been gathered to support the belief of their representing a danger to the country?