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Harkat denies al-Qaeda links

Last Updated: Wednesday, October 27, 2004 | 1:34 PM ET

A man in Ottawa accused of being a member of al-Qaeda told a court on Wednesday he has never been involved with Islamic extremists.

Mohamed Harkat was before the Federal Court of Canada as he tries to stay in Canada.

The federal government has started the process of removing him from the country using a national security certificate.

Mohamed Harkat (CP file photo)
Mohamed Harkat (CP file photo)

The security certificate was issued based on information from the Canadian Security Intelligence Service alleging Harkat has connections to Osama bin Laden's network.

As many as five men are being held in Canadian jails without charge under security certificates, a measure allowed under the Immigration Act. It lets authorities arrest and hold people they suspect of posing a threat to national security.

Harkat, 36, is a refugee from Algeria. He was arrested in December 2002.

If the court upholds the security certificate, he will most likely be deported.

CSIS watched Harkat for five years before his arrest. Along with al-Qaeda, the spy service says he supports Afghan, Pakistani and Chechen extremists.

Among its evidence CSIS says that Abu Zubaydah, one of bin Laden's chief lieutenants, identified Harkat as the operator of a guest house in Pakistan for extremists headed for Chechnya.

During hearings this week, Harkat's lawyers told the court Zubaydah's evidence should be ignored because it was likely extracted under torture by his U.S. captors.

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.

SECURITY CERTIFICATES
Citizenship and Immigration Canada can remove a person considered to be a security threat by issuing a Security Certificate signed by the solicitor general and the minister of citizenship and immigration, and endorsed by a judge of the Federal Court.

When a security certificate is issued:

  • all other immigration proceedings are suspended until the Federal Court makes a final decision about the certificate;
  • foreign nationals who are the subject of a Security Certificate are automatically detained. Permanent residents may be detained on a case-by-case basis.

    If the Federal Court decides that the certificate is unreasonable, it is quashed. If the court decides that it is reasonable, the certificate becomes an order for removal of the person. The court's decision can't be appealed.

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