Mohamed Harkat, an accused sleeper agent for al-Qaeda's terror network, has won another reprieve in his 24-year legal battle to remain in Canada. On Thursday, Federal Court Justice John Norris ruled that Ottawa's latest attempt to deport him was unreasonable, sending the case back for a new review by a different decision maker.
Background of the Case
Harkat, an Algerian citizen, arrived in Canada in 1995 seeking refugee protection. He worked as a pizza delivery driver and gas station attendant before being accused of being a sleeper agent for Osama bin Laden's network following the 9/11 attacks. His arrest in 2002 sparked a lengthy legal fight that has reached Canada's highest courts multiple times.
Security Certificates and Legal Challenges
In 2002, Canada issued a security certificate against Harkat under new anti-terrorism laws. The certificate was upheld in 2005, but the system was later reformed after a constitutional challenge. A second certificate was issued in 2008, declaring Harkat inadmissible on security grounds for terrorism, being a danger to Canada, and membership in the Bin Laden network. This certificate was upheld by the Federal Court in 2010, a decision that was ultimately affirmed by the Supreme Court of Canada in 2014.
Despite the Supreme Court's ruling, which was supposed to be conclusive proof of inadmissibility, Harkat has remained in Canada under strict conditions. The latest deportation order was overturned by Justice Norris, who found the government's decision unreasonable.
Harkat's Alleged Role
Justice Simon Noël, in his 2010 decision, found that Harkat was involved in the Islamist extremist movement before and after coming to Canada but had no evidence of personally engaging in violent acts. His role was described as logistical and facilitative, including running a guest house in Peshawar, Pakistan, assisting mujahideen, and running errands for extremists linked to bin Laden. Noël concluded that Harkat's activities posed a danger to Canada, though that danger had diminished over time due to his public exposure, detention, and stringent release conditions.
Harkat has consistently denied the allegations. The case continues to wind through the legal system, with the Federal Court ordering a fresh assessment of his case.
