Ottawa's Mohamed Harkat will be allowed to leave prison early next week — for the first time in three years — after a judge of the Federal Court of Appeal turned down a bid by the federal government to keep him behind bars.
Harkat is one of four Muslim immigrants being held in Canadian jails on national security certificates, controversial measures that Ottawa introduced after the bombing of the World Trade Towers in New York.
They sparked a nationwide controversy because they allow the federal government to hold people indefinitely without charge if they are suspected of posing a threat to national security.
A Federal Court judge ordered his release last month under strict conditions, but the federal government wants him kept in prison until their appeal is heard.
The government's motion was denied Friday by a judge of the Federal Court of Appeal.
The details of the judge's order were not immediately available.
At a court hearing Tuesday, federal government lawyers argued that Harkat posed a "serious threat to the well-being and security of all Canadians." Furthermore, the lawyers argued that he "cannot be trusted" to abide by bail conditions that deny him contact with other Muslim radicals.
"Harkat's release would place him in a position to recommence his contacts with members of the Islamic extremist network, allowing them to be involved in planning and execution of terrorist acts," the federal government said in a submission filed with the court.
The Canadian Security Intelligence Service has accused Harkat, 37, of being an al-Qaeda "sleeper agent." CSIS alleges Harkat trained under Osama bin Laden's top lieutenants in Afghanistan and says he supports Afghani, Pakistani and Chechen extremists.
But Harkat, a refugee who wants to stay in Canada, denies any involvement with terrorism.
At his previous hearing, Harkat was granted bail under strict conditions that would prevent his contact with militant groups.
Under that ruling, Harkat would be allowed to live in the Ottawa home shared by his wife, Sophie, and her mother. He would be allowed to leave the house up to three times a week for four hours on each occasion. But he must have approval from federal authorities, wear an electronic bracelet and be accompanied by either his wife or mother-in-law.
Harkat must also surrender travel documents, refrain from using the internet and agree that his telephone conversations will be monitored.
Bail was set at $117,500 at the earlier hearing.
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