Security certificate detainee seeks relaxation of monitoring
Federal authorities are balking at terror suspect Mohamed Harkat’s desire for more leeway to use the internet and travel freely within Canada, saying he continues to pose a threat almost 15 years after being arrested.
Harkat is asking the Federal Court of Canada to approve his application for less strict monitoring of his everyday activities by the Canada Border Services Agency as he awaits the outcome of his protracted legal saga.
A two-day court hearing begins today to determine whether current restrictions on the Algerian refugee will be eased.
Harkat, 49, was taken into custody in Ottawa in December 2002 on suspicion of being an al-qaida sleeper agent.
The federal government is trying to deport the former pizza-delivery man to Algeria using a national security certificate — a legal tool for removing non-citizens suspected of ties to extremism or espionage. Harkat denies any involvement with terrorism and fears torture if returned to his homeland.
Following his arrest, Harkat was locked up for more than three years. He was released in June 2006 under stringent conditions that have since been relaxed somewhat.
Harkat now lives at home with wife Sophie. He has access to a computer connected to the internet at his residence. He has to report in person to the border services agency every two weeks. And, though Harkat can travel within Canada, he must provide the border agency with five days’ notice of his plans as well as a full itinerary when leaving the national capital. He also has to report to the border agency by phone once a day while travelling.
Harkat’s submission to the court argues he “presents no threat to Canada or to any person” and that he has diligently complied with conditions for more than a decade. “A continuation of these conditions is not justified.”
The couple says the restrictions now in place have caused great stress and hardship, even preventing them from having children.
Harkat wants permission to have a mobile phone, laptop computer and tablet with internet connectivity for use outside the home. He wishes to report to the border agency monthly by phone, through voice verification. And he wants restrictions on his travel lifted, with the exception that he remain in Canada.
Authorities are willing to allow Harkat to travel anywhere in Ontario or Quebec for up to 24 hours without notifying the border agency, and agree to him reporting in person once a month.
But they oppose the idea of Harkat having internet access outside the home, saying it would undermine their ability to keep tabs on his communications.
In a submission to the court, the ministers of public safety and immigration say an October 2016 assessment by the border services agency concluded that any risks are neutralized by Harkat’s compliance with the existing terms and conditions.