Commentary by the Ottawa Mens Centre.com
As much as it would be nice to say, "he is a terrorist, deport him", when you
read the decision, it has some "red flags".
First Justice Simon Noel uses language that looks like it comes right out of decision of a North Korean or Iranian court that has a predetermined conclusion, being justified.
Justice Simon Noel uses classic language that shows a probability that he intended to "justify his decision" and for that he was forced to rely entirely upon apparently, double hearsay evidence that has NOT been vetted by criminal defense lawyers who "remain in the dark" as to what "the case" is all about.
CSIS, may have well done a great job but there remains an unacceptable level of doubt about the quality of that evidence and more importantly, the accuracy of it.
The decision begs the question, is this CSIS evidence to be relied upon?
IF, CSIS did not have any doubts about the reliability of their evidence, they would have agreed to have the evidence examined by trusted criminal lawyers, all of whom are Canadians and one would imagine also want to know the real case if there is one, against their client.
IF, CSIS's evidence is vetted and found to be sufficient and reliable, then Harkat should be jailed and deported.
The interests of justice require that the CSIS evidence be carefully and properly vetted by a select group of trusted criminal lawyers which includes dam near every criminal lawyer in the country.