OTTAWA — The Canadian government is within its rights to issue an order to deport Algerian Mohamed Harkat, the Supreme Court of Canada ruled on Wednesday, upholding a lower court's finding he was a liar and likely a sleeper agent for terrorist organizations.
The high court unanimously upheld the constitutionality of Canada's revised security certificate system, which designates foreign residents of Canada who are suspected of terrorism as inadmissible to Canada and can allow for their detention.
The court did however allow for the possibility that Harkat might launch a fresh court challenge if he can demonstrate that he would be at risk of torture or death in the country to which he would be sent, presumably Algeria in his case.
Harkat had come to Canada as a refugee claimant and been taken into custody in 2002 under a security certificate. He has since been allowed to go free pending the outcome of this case.
The name of the current case is Canada (Citizenship and Immigration) v. Harkat, 2014 SCC 37.