Long-Overdue Extradition to Algeria for Mohamed Harkat

"The right to counsel of choice is not an absolute right, and the onus rested with Mr. Harkat to put his best foot forward."
"I am not persuaded that Mr. Harkat can only obtain a fair hearing with Ms.Jackman representing him."
Federal Court Judge Sylvie Roussel

It has been 18 long years that the federal government has been trying to extradite Mohamed Harkat from Canada, to send him back to his native Algeria. He claims that should he be returned to the country of his birth he stands a good chance of being tortured and murdered by the state. Perhaps, given his record reflecting the reason that Canada will not have him, Algeria will also not welcome him back home, as a threat to the stability of the country, given his association with terrorist groups.

His presence in Canada as a sleeper agent for al-Qaeda was uncovered by Canadian intelligence and the government of Canada has tried to deport the man since 2002 at his first arrest on the strength of a security certificate identifying him as an al-Qaeda conscript. In 1996 Harkat, now 51, made a refugee claim, arriving in Canada from Pakistan where he had lived for five years after leaving Algeria.

Summaries of 13 wiretapped telephone conversations and two unnamed informants represented the base of the government's case against the man. Judge Simon Noel in December of 2010 deemed him a member of the terrorist network, linking him to a group of Islamic extremists which included Canadian Ahmed Said Khadr, Saudi-born Ibn Khattab, and Abu Zubaydah, all recognized terrorists. Harkat, according to Judge Noel's findings, offered assistance furthermore to two Islamic extremists who had arrived in Canada.

Harkat, wife Sophie at Supreme Court of Canada  Adrian Wyld/The Canadian Press

Judge Noel's ruling was later overturned by an appeal court, finding what it regarded as procedural unfairness. The Supreme Court in May 2014 upheld the security certificate regime and reinstated Judge Noel's decision finding Harket to be an active member of the al-Qaeda network. From Harkat's original order for deportation 18 years ago to the present time, Harkat has taken steps to delay and appeal the verdict of deportation.

He has fought every step of the way, appealing to a succession of courts, each higher than the last. But there is no court with greater authority than Canada's Supreme Court and it too turned down all his delaying tactics, leaving the government free and clear to get on with the man's deportation. Now, it transpires that his lawyer guiding him through the appeal process may no longer be satisfied to work pro bono, leading Harkat to appeal to the courts for government to fund his court costs.

An appeal brought before Judge Roussel and which she turned down. The security certificate permitting the federal government to detain foreign-born terrorist suspects indefinitely to gather and present evidence, and ultimately to send them back to the countries they came from, is now set to be fianlized. But Mr. Harkat struggles on, anxious to retain the continuing services of Toronto lawyer Barbara Jackman recognized as one of the foremost legal experts on security certificates in the country.

His wife, Sophie Harkat has advised that her husband is prepared to contest the latest legal ruling against hm, to appeal for the 'right' to be repreented by this lawer claiming "She is the best in her field. We do not want anyone else. She pours all her heart and soul into her cases because she believes in justice and fairness".

This is unmitigated gall. That a man who infiltrated Canada posing as a refugee whose background as a terrorist enabler was caught by Canadian intelligence, is able to manipulate the Canadian legal system to force the government to pay for a high-priced lawyer whose mandate is to pressure the court to allow a terrorist to remain in Canada. And for that lawyer's steep fee to be paid for through the government, by Canadian taxpayers.

 Harkat's request for government-funded lawyer rejected Wayne Cuddington/Ottawa Citizen

This suspected terrorist's argument? That a judicial review of the decision denying funding through the tax base to allow this man to contest the government that wants him deported, because to deny that funding is to violate fundamental justice and his right to liberty and security.

"[Harkat] poses no danger whatsoever to the public or to public safety in Canada."
"Just as importantly, Canadian and international law prohibit complicity in torture, and there is good reason to believe that Mohamed’s deportation to Algeria could lead to his torture."
Alexandre Trudeau, (brother of PM Justin Trudeau) Justice for Mohamed Harkat Committee

A senior immigration official, acting as the minister's delegate, in 2018 weighed the evidence of Harkat posing as a security threat against the risk he may face should he be returned to Algeria, concluding that Harkat continued to represent a significant threat to Canadian national security, which warranted that he be sent back to his country of birth.