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Alleged spy ordered deported but Federal Court guards secret identity
LES PERREAUX - CP
December 06, 2006
Related - What is Wrong With Canada?
Related - Case against alleged spy proceeds more than a week early
The alleged spy snatched by law enforcement agents at a Montreal airport struck a deal with the Canadian government on Monday to guarantee swift passage to his Russian homeland.
The mystery man, still known publicly under the fake name Paul William Hampel, admitted his Russian nationality and illegal status in Canada in Federal Court.
Justice Pierre Blais ordered the man's deportation and took the unusual step of agreeing to hide his real name from the public.
"I am satisfied the disclosure of the identity of the foreign national will be injurious to the safety of (his) family," Blais said.
The Russian waived his right to further hearings. Blais said the man revealed his true identity behind closed doors. He asked that it be kept secret in return for his admissions.
The lawyers and judge in the case would not reveal why the man fears for his life or the safety of his family.
The supposed spy may be deported in the coming days, although officials did not give a timeline.
Ottawa and the alleged secret agent will need co-operation from the Russian embassy for travel documents. The embassy has denied any knowledge of the alleged spy.
The man known as Hampel struck a relaxed pose in the courtroom, wearing blue jeans and a blue shirt while leaning back in a swivel chair.
Tall and fit, he twice flashed smiles at women in the courtroom as the hearing was winding down.
He rose to shake hands with his lawyer and said "thank you" to the Crown while making his way out of court. Well over six feet tall, he towered over a half-dozen security agents surrounding him.
The case shows the security certificate system works well, Public Security Minister Stockwell Day said in a statement.
"This is an example of how the security certificate process can and should work," Day said in a statement in Ottawa. "The government is pleased with this result. The individual will remain in detention until his deportation."
Claude Whalen, one of the alleged spy's lawyers, said the Russian decided to give up his deportation fight, drop his Canadian facade and cut a deal after hearing the evidence against him.
"He wants to go back," Whalen said. "That's all I can say. He wants to go back." Whalen said he has worked on many immigration cases but none quite like this.
The Russian was carrying a fraudulent Ontario birth certificate, a Canadian passport and the equivalent of $7,800 in five different currencies when he was arrested at Montreal's Pierre Elliott Trudeau International Airport.
Through previous hearings, he maintained he was a 40-year-old Canadian citizen born in Ontario. The man now says he is 45.
Canada's federal spy agency accused the man of being a member of the Sluzhba Vneshney Razvedki, the successor of the feared Soviet KGB.
The Canadian Security Intelligence Service says the man, who is alleged to have lived in Canada for more than a decade, is a danger to national security.
Under immigration law, the man could have fought to remain in Canada if his life was in danger.
Chris Mathers, a security consultant and former RCMP officer, says it's unlikely the man faces any threat in Russia as a spy with a blown cover.
"This isn't the old Cold War Russia where failed agents come home and are shot or sent out to some gulag," Mathers said.
"If he's a trained intelligence officer, they'll put him in some crappy job. If he's just a resource they co-opted at some point in time, they'll just cut him loose." If the man is a spy, Mathers pointed out his request for secrecy is probably aimed at hiding as much information as possible from view.
"I think that's a red herring, unless there's something very remarkable about this thing," he said.
"But that's the Canadian way, everybody's kind and gentle. This guy's been over here spying on us, and we still afford him the opportunity to hide his identity."
While the secrecy surrounding the man creates room for imaginative musings about his work in Canada, Mathers said the reality is probably quite boring.
If he was a spy, the man probably spent much of his time getting to know potential assets and his spying probably involved taking photos, obtaining technical journals and other mundane work, Mathers said.
"This isn't the Bourne Identity," Mathers said, citing the thriller novel and movie. "He's not getting paged while he's teaching piano lessons to go out and clip (kill) somebody. He'd be doing very boring mundane work which is 99 per cent of intelligence gathering." Mathers said spy agencies make a huge investment of time and money to put such an agent in place, he said.
Despite the man's secretive deportation, Mathers said his foreign spy career is probably over.
"Failure is not rewarded," Mathers said. "Chances are he's not going to resurface in another country.
"He's toasted."
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