Mohamed Harkat

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Born in Algeria, Mohamed Harkat (Arabic: محمد حركات‎) has drawn Canadian media attention as one of several Muslim-Canadians imprisoned under security certificates and awaiting deportation.

Harkat arrived in Toronto in 1995 via Malaysia, using a fraudulent Saudi passport. In applying for refugee status, he cited possible persecution from Algerian authorities. Harkat worked as a gas station attendant and a deliveryman for Pizza Pizza during his seven years in Canada, and married Sophie Lamarche. Harkat's refugee status was granted in February 1997, and in March he applied for Permanent Resident status.

He was imprisoned in an Ottawa prison in 2002 as a threat to national security, after a security certificate was issued on recommendation of the Canadian Security Intelligence Service (CSIS). The evidence used to issue the certificate cannot be disclosed on grounds of national security. CSIS has made public statements that the CIA prisoner Abu Zubaydah described a man 'similar to' Harkat, although Zubaydah did not give his Harkat's name during interrogations.

On December 30, 2005, a federal court dismissed Harkat's application for release. [1]

In April 2006, he was moved along with the other four detainees to Millhaven Institution, into a new section specifically built for those held under security certificates.

On May 23, 2006, Justice Eleanor Dawson of the Federal Court of Canada granted conditional release to Harkat[2], though the federal government is appealing that decision [3]. The release conditions include the following restrictions:

He must be under 24-hour supervision of either his wife, Sophie, or her mother, Pierrette Brunette[4].
All outings (maximum of four hours long, three per week) must be approved 48 hours in advance by the Canada Border Services Agency (CBSA), he must be accompanied by his wife. Two plainclothes CBSA guards follow them at all times.
CBSA agents must be granted entry to the Harkat home at any time without a warrant.
At all times, he must wear an electronic bracelet, which monitors his movements inside and outside the house.
He must report to the CBSA several times a week.
E-mail, cellphones, BlackBerrys and other portable devices are not allowed inside the house. Since Harkat may only speak to people authorized by CBSA, he refrains from answering the door or the telephone.
Anyone who sets foot in the Harkat residence must be approved by CBSA.

On June 13 and 14, 2006, the Supreme Court of Canada heard the case of Harkat v. Canada (Minister of Citizenship and Immigration) on the constitutionality of the security certificates. The court has not yet ruled on whether the use of certificates is constitutionally valid.

On July 11, 2006, CBC posted an on-line report detailing the activities that placed Harkat under suspicion. This included a questionable trip to Afghanistan under the auspice of delivering aid. At the time, this was considered suspicious by intelligence services worldwide as a cover for engaging in training for sleeper cells. This report was subsequently removed the same day.

On December 22, 2006, Harkat's lawyer, Paul Copeland, announced that Chief Justice of the Federal Court of Canada Allan Lufty will grant a judicial review of the original deportation order in Federal Court [5].