Mohamed Harkat

The decision on the reasonableness of Harkat's security certificate became final when it was upheld by the Supreme Court of Canada in 2014. That said, his removal process remains outstanding. The CBSA has sought a danger opinion from the Minister of Public Safety and Emergency Preparedness which will determine whether Mr. Harkat poses a danger to national security or if the nature and severity of the acts committed reach a serious level of gravity and if so, whether the risk to Mr. Harkat of deporting him outweighs the danger. The danger opinion package with Mr. Harkat’s submissions was provided to Immigration, Refugees and Citizenship Canada for decision on March 8, 2017, and a senior officer was assigned to the case on March 31, 2017, for consideration. A decision was then reached in his case and Harkat's lawyer, Barbara Jackman, told Al Jazeera she filed for a judicial review of his deportation order in November 2018. She indicated to Al Jazeera that as of December 2019 the Federal Court has not received all the information on which the government based its removal decision, and without the complete record, it is unclear when the case will proceed.

In May 2014, the Supreme Court of Canada ruled that security certificate process used against Harkat was fair and reasonable. While this theoretically cleared the way for his deportation to Algeria, the risk that he could be tortured if returned requires the Canada Border Services Agency to balance these risks prior to removing him from Canada. In March 2016 filmmaker Alexandre Trudeau, the younger brother of Prime Minister Justin Trudeau, wrote a letter to Public Safety Minister Ralph Goodale asking that Harkat be allowed to stay, causing Erin O'Toole, the Conservative public safety critic and Democracy Watch to demand the Prime Minister recuse himself from any decision regarding Harkat.

On June 13–14, 2006, the Supreme Court of Canada heard the case of Harkat v. Canada on the constitutionality of security certificates. On December 22, Harkat's lawyer, Paul Copeland, announced that Federal Court Chief Justice Allan Lutfy would grant a judicial review of the original deportation order in Federal Court.

On January 29, 2008, CBSA agents entered Harkat's home while he was showering, and placed him under arrest. They cited a breach of bail conditions, since his mother-in-law had not stayed at the house for several days following an argument with her husband. He was released after being questioned about the matter.

On September 24, 2008, judge Simon Noël ruled that CSIS must disclose their "secret" evidence against Harkat, allowing him and his lawyers to view the material. CSIS said this could take up to six months. Six months later, Judge Noël ordered the release conditions be loosened, allowing Harkat to remain home alone without requiring his wife to be present at all times. In May 2009, judge Noël had said that the unwillingness of CSIS to share its material regarding the reliability of an informant who gave evidence against Harkat was "troubling." He ordered them to disclose the confidential files to Harkat's defence lawyers who held security clearance. CSIS claimed to have destroyed all original copies of their evidence, and offered copies to the court and defence lawyers.

He had worked in Pakistan from 1990-1994 for a charity that assisted refugees. After immigrating to Canada in 1995, Harkat applied for refugee status and for a Permanent Resident card. He worked as a gas station attendant and a deliveryman for Pizza Pizza during his first seven years in Canada. He was released on May 23, 2006 under house arrest, while fighting deportation.

On May 23, 2006, Harkat was released on a $100,000 bail by Justice Dawson. The release conditions stipulated that he be in the company of his wife, Sophie Harkat, or mother-in-law, Pierrette Brunette, at all times. Additionally, Harkat was required to wear a tracking bracelet and was prohibited from using electronic means of communication. Any trips outside of his house were to be approved by the Canada Border Services Agency (CBSA) 48 hours in advance. The CBSA were also allowed constant access to his house, were required to approve any visitors to the house, and had two agents accompany him on any outings.

On March 22, 2005, Federal Court judge Eleanor Dawson ruled that the security certificate binding Harkat was reasonable. On December 30 of that year, a federal court judge dismissed Harkat's application for release. In April 2006, he was moved, along with the other four detainees, to a section at the Millhaven Institution specifically built for those held under security certificates.

He became addicted to gambling, and lost several thousand dollars - prompting authorities to ask where he'd gotten the money in the first place. He said that a man named Wael, a mutual friend with Harkat's close friend Abdel Mokhtar, had come to Canada with $60,000 to start a business. Liking Harkat, he offered to loan him $10,000 and then an additional $8,000 to open an antique store and a gas station. Harkat also stated that the money was from Mokhtar, rather than Wael. It later came to light that one of the CSIS agents detailed to collect information on Harkat had been Theresa Sullivan, who had been fired in 2002 after she carried on an extramarital affair with one of her informants. Given this behavior, Harkat questioned in court whether information she provided about him to CSIS was reliable.

Harkat was arrested in Ottawa on December 10, 2002 as a threat to national security, after a security certificate was issued on the recommendation of CSIS. Its officers relied upon secret evidence that has not been revealed due to national security concerns.

Harkat said that he would be persecuted by the Algerian government if he returned, due to his past membership in the FIS. His claim was accepted on February 24, 1997. In March, he applied for Permanent Resident status.

On October 4, 1997, he was interviewed by CSIS, and was accused of using the alias "Abu Muslima", which he denied. In 2004, he recanted his denial and admitted using the name in Pakistan.

Harkat was also in contact with Fahad al-Shehri, who was later deported from the country. In 1996, after el-Barseigy moved to a new home, Harkat moved to 391 Nelson Street, Apartment 1. At the end of the year, he enrolled in English courses at the Ottawa Technical High School.

In September 1995, Harkat paid $5000 for airfare to travel from Pakistan to Malaysia, from where he hoped to catch a direct flight to Canada. In Kuala Lampur, he purchased a forged Saudi passport in the name of Mohammed M. Mohammed S. Al Qahtani for $1200 from a stranger named Abu Abdallah Pakistani, to carry in addition to his legitimate Algerian passport. Saudi passports did not require entry visas to visit Canada.

Holding about $1000, Harkat flew from Malaysia to Toronto via the United Kingdom on October 6, 1995. He contacted Taher, a colleague he had met in 1994 in Peshawar then living in Ottawa, Ontario. He arranged to meet him at the Ottawa bus station, since he said he had been told that it was best to start a refugee claim from the city. Taher met him at the bus terminal and took him to the mosque, where he was introduced to Abrihim, a convert to Islam who lived beside the mosque. He allowed Harkat to live with him for a week or two.

In June 1994 Harkat lost his job. He lived off his $18,000 in savings for the next year. He has made contradictory statements suggesting he either deposited $12,000 of his earnings in a bank through his friend Haji Wazir, or that he never used a bank and kept all his money with him. CSIS contends that Pacha Wazir, to whom they believe Harkat is referring, is an Emirati citizen known to have connections to al-Qaeda.

In March 1990, the Algerian government stormed the house and arrested the FIS members within. Harkat was not present, and was warned by his uncle that security forces were seeking him.

Harkat departed in April 1990 for a trip to Saudi Arabia using a Hajj passport. From there he travelled to Pakistan, where the Muslim World League employed him and sent him to Peshawar in May 1990, to help distribute relief packages and organise aid programs. For the next four years, Harkat worked and lived out of a Babbi warehouse. He picked up shipments of food and relief supplies for the refugee camps in the city from the Peshawar airport and train station, earning $300–500 monthly.

As a student at the University of Oran, Harkat joined the Front Islamique du Salut (FIS) in 1989, when it was still a legitimate political movement. He offered them the use of a family-owned house in Zmalet El Emir Abdelkader as a registered district office. Harkat was excused from Algerian military service because he broke his left leg as a child and it never properly healed.

Mohamed Harkat (Arabic: محمد حركات ‎) (born August 6, 1968, Algeria) is a native-born Algerian and permanent resident of Canada who was arrested in 2002 on suspicion of ties to terrorism and was imprisoned under security certificates. The Canadian Security Intelligence Service (CSIS) alleged that he entered the country as a sleeper agent for al-Qaeda.