Court orders spy agency to reveal information

CSIS will face questioning about a secret source at the heart of security certificate case against alleged terrorist Mohamed Harkat

Kirk Makin

A Federal Court of Canada judge has ordered Canada's spy agency to reveal information about a secret source at the heart of a long-running security certificate case against alleged terrorist Mohamed Harkat – including, if necessary, the source's name.

Mr. Justice Simon Noel said today that several CSIS witnesses will have to be recalled to face questioning from Special Advocates, who act on Mr. Harkat's behalf to ensure fairness in a closed-door process that could lead to his removal from Canada.

“Once the Court has evidence that leads it to question the completeness of the information being provided to it by the Ministers – in apparent violation of their obligation of utmost good faith – it must allow the Special Advocates access to all information which they have a need to know,” Judge Noel said.

The judge listed several opportunities that CSIS and federal lawyers had in recent years to provide information about the reliability of the source to the court's attention, yet it failed to do so.

“This Court will be reviewing all orders issued and evidence provided to date in this proceeding to see if any further judicial action is required to preserve the integrity of the administration of justice,” he said.

Today's development threw the Harkat case into immediate disarray, derailed a hearing that was set to commence on Monday to determine whether the Harkat security certificate is reasonable.

The ruling also appeared to bear out criticism that was levelled at anti-terrorism provisions when they came into existence after the 9/11 terrorist attacks in New York and Washington.

“During closed hearings, the Court has reminded counsel for the Ministers of the Ministers' obligation to act in utmost good faith in these proceedings,” Judge Noel said. “In particular, relying on its jurisprudence, the court commented on the duty of the ministers to provide all information which would tend to weaken their case against Mr. Harkat.”

He said it is vital that the courts uphold legal principles and ensure that all parties before them – including the government – do the same.

“Persons in positions of authority within government whose actions impact on the rights and liberties of Canadians must be held to account for even the slightest disregard for this principle,” Judge Noel said.

Judge Noel also said that a hearing will take place on June 2 to determine the legality of a major police search undertaken on Mr. Harkat's home on May 12.

During the raid, officials seized a computer and documents that Mr. Harkat's lawyers said are necessary to prepare his defence in an upcoming hearing.

The Algerian-born Mr. Harkat was held in a Canadian prison from 2002 to 2006 on a security certificate, alleged by the Canadian Security Intelligence Service to be an al-Qaeda sleeper agent with ties to Osama bin Laden. He has never been charged with a crime, but has been under strict bail conditions at his home since his release.

“In our estimation, this goes far, far, far beyond their rights as accorded to them in that document,” Matthew Webber, one of Mr. Harkat's lawyers, said at the time. “And you know, it's just abusive.”


Commentary by the Ottawa Mens Centre

5/27/2009 5:38:42 PM
Mr. Harper has probably already got on the phone to his ministers and told them to do what ever it takes not to do what Justice Simon Noel has told them to do.
It's only a matter of time before a rat jumps of the sinking ship and spills the beans from the top down on how the government has flagrantly abused its powers which is how Matthew Webber described it.

No doubt the government will be sorely tempted to attempt to lean on Justice Nolan, and hopefully, that will back fire, if it has not already happened, but thats speculation isn't it.

When the government repeatedly refuses to disclose information that its ordered to provide, its a very dangerous symptom of an overall erosion of the Rule of Law, that we see every day in Ontario, especially family court.

Unfortunately, not all judges have the cojonnes of Justice Nolan, many are puppets of political correctness and their decisions. These underbelly of the judiciary, the judicial "hitmen" or what ever you want to call them, make most of the , draconian decisions that destroy legal rights, with blatantly illegal decisions. One of the worst offenders of this sort of criminal activity is the Dishonourable, the corrupt Justice Alan Sheffield of Ottawa.

Just ask ANY lawyer in Ottawa who can speak in confidence.



5/27/2009 6:09:19 PM
You don't have to be a Mr. Harakat to have your computer seized.

Back in 1998 a well known corrupt Ottawa Judges by the name of Richard Lajoie used to preside in Timmins at the then called Ontario Court of "Justice".

He did not like the valuation on his home so he put pressure on the appraiser to "up the value", the appraiser refused.

When he was called corrupt and an insult to justice, the dishonourable Judge Richard Lajoie had the father arrested, on one of Canada's first charges of "Criminal Defamation".

Now while the father was arrested, the local police raided the father's home with a team of scores of officers,they seized his computer, protest signs, CD's books papers, you name it.

Judge Lajoie then heard the matter in his own court.

Now this is not a suspected terrorist, this is just another father who got shafted in family court by a corrupt judge who just happened to be Justice Richard Lajoie.

Lajoie's idea of justice was for a father to be served at the doors of the court room and terminate access, on a temporary motion on what was complete fabrications by a feminist Lawyer Joanne A. Barber, who by the way does not deny that she fabricated evidence. She like many other examples of feminist lawyers routinely fabricate evidence and judges like the Dishonourable CORRUPT Richard Lajoie give it their blessing in the form of highly prejudicial orders that leave a trail of destroyed lives.

Judge Richard Lajoie now sits in Ottawa, along with his vile brothers in crime and corruption, the corrupt Allan Sheffield and Denis Power.

Who are only too willing to demonstrate true blue liberal political correct decisions that have nothing to do with law.

Just one problem for the government's ministers, their did not get the scum of the judiciary for this Harakat hearing, they got the very honourable Justice Simon Nolan who is showing what it takes to earn genuine respect.




The Globe has gone stark raving mad with political correctness, are they running a popularity conformity contest or a news service.

Notice how now, there is first choice of "Report Abuse" then thumbs up, and then thumbs down.

Giving readers three choices, is really, do you strongly disagree, support or disagree, that is, two negative and one positive.

If you don't like censorship, kindly
click the MIDDLE, thats the thumbs up.

If you are a regular reader of the Globe you will have seen lots of posts by the OttawaMensCentre and just to send the globe a message, click on the thumbs up, and expect that this post too, will generate someone to click on the censorship button. Just to beat the censor, you don't have to look to far to find many of those deleted posts.

Enjoy the world of the Globe and Mail's politically correct big brother censor software.