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Top Court Overturns Security Certificates; Gives MPs a Year to Draft New Law

Posted on: Friday, 23 February 2007, 12:00 CST

OTTAWA (CP) - The Supreme Court of Canada has struck down the security certificate system used by the federal government to detain and deport foreign-born terrorist suspects.

In a 9-0 judgment, the court found that the system, described by government officials as a key tool for safeguarding national security, violates the Charter of Rights.

But the court suspended the judgment from taking legal effect for a year, giving Parliament time to write a new law complying with constitutional principles.

The lawyer for Mohammed Harkat, one of the three terrorist suspects who brought the case before the high court, said the judges delivered almost exactly what they asked for.

Critics have long denounced the certificates, which can lead to deportation of non-citizens on the basis of secret intelligence presented to a Federal Court judge at closed-door hearings.

Those who fight the allegations can spend years in jail while the case works its way through the legal system. In the end they can sometimes face removal to countries with a track record of torture.

The system was challenged on constitutional grounds by three men from Morocco, Syria and Algeria - all alleged by the Canadian Security Intelligence Service to have ties to al-Qaida and other terrorist groups. All deny any such ties.

Barbara Jackman, who represents longtime detainee Hasan Almrei, said the decision in no way compromises security.

"I don't think you ever diminsh the security of the country when you provide a fair hearing," Jackmann said. "It doesn't in any way at all jeopardize national security uinterests of Canada.

"If anything, it strengthens our democracy."

Source: Canadian Press

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