An Ottawa man who spent years in prison without ever being charged can continue to live in his home under tight security restrictions while the government decides whether to deport him.
A three-judge panel in Ottawa heard a government appeal of Mohamed Harkat's bail on Thursday, and later dismissed government attempts to send Harkat back to jail.
"The court found the appeal had no merit. We weren't asked to present arguments. That happens when a case has no merit," said Matt Webber, a Harkat lawyer.
A Federal Court judge released Algerian-born Harkat last month after he spent more than three years in prison. He had been arrested on a security certificate that cited his alleged ties with terrorists.
Government lawyers were trying to convince the panel that Harkat's release poses an unacceptable security threat or that a decision about his deportation is imminent.
Federal Court Judge Eleanor Dawson cited the government's slow progress on Harkat's deportation to Algeria in her decision to grant bail.
At a news conference this week, Harkat said his time in prison was "a nightmare" and that he is terrified of the prospect of being deported.
He said he remains mystified about why he was detained.
"This is the first time for me in jail. It's a tough time … a nightmare going through all this stuff … I can't sleep," Harkat told reporters.
Both Harkat and his lawyer said he faces dire consequences if he is returned to Algeria because he has been identified by the Canadian government as having alleged links with al-Qaeda.
"If in the end they send me to Algeria, I'm going to be dead and tortured. You're never going to see me alive again," said Harkat.
Not allowed to see evidence
In December 2002, Harkat was arrested by Canadian authorities on a security certificate.
The Canadian Security Intelligence Service accused him of being an al-Qaeda "sleeper agent" and alleged that Harkat trained under Osama bin Laden's top lieutenants in Afghanistan. He has denied the allegations.
Harkat is one of five Muslim men facing deportation on national security certificates issued under federal immigration law. All five have been held as a result of secret evidence they're not allowed to see.
"I wish I knew why they kept me in jail," Harkat said when reporters asked him why he thought CSIS had singled him out.
His lawyer expressed frustration at the lack of disclosure of evidence against his client and the government's attempts to send Harkat to Algeria.
"In this war on terrorism … there is strong incentive or motive to be seen as if you're doing something," said Webber.
Harkat arrived in Toronto in 1995 from Malaysia using a fake Saudi passport.
He applied for refugee status claiming a fear of persecution by the Algerian government.
He moved to Ottawa, married and worked most recently delivering pizzas and pumping gas. His refugee status was granted in February 1997 and he applied for permanent residence the next month.
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