Harkat (Re)

Harkat (Re)

The court confirmed Mr. Harkat’s release under section 82(5)(b) because the Ministers established a prima facie case that unconditional release would be injurious to national security, but on a proportionality assessment (considering passage of time, supervision history, credibility factors and CBSA safeguards) the court varied several conditions: permitted limited home‑alone periods subject to safeguards (no computer access, CBSA notification and hourly checks), increased weekly outings to five of six hours with 36‑hour notice, allowed expanded media and counsel access under defined notice and safeguards, permitted contact with a pre‑approved Imam but refused unsupervised contact with...

Citation
2009 FC 241
Parties
Respondent / Certifying Authorities: Solicitor General of Canada and Minister of Citizenship and Immigration; Applicant / Named Person: Mohamed Harkat; Special Advocates: Special Advocates
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 March 2009
Procedural Posture
Judicial Review of Security Certificate and Review of Conditions of Release Under the Immigration and Refugee Protection Act / Section 82(4) (5) Interim Review of Conditions Following Re Certification Under Bill C 3; Reasons for Judgment Confirming Release and Varying Conditions
Outcome
Release under conditions confirmed; conditions varied and clarified as set out in reasons
Legal Topics
Security Certificates, Judicial Review of Detention and Release Conditions, Special Advocate Procedure, Disclosure Obligations, Proportionality in Conditions of Release
Source Language
English
Immigration Law National Security Law Constitutional Law Administrative Law Security Certificates Judicial Review of Detention and Release Conditions Special Advocate Procedure Disclosure Obligations +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Solicitor General of Canada and Minister of Citizenship and Immigration

Respondent / Certifying Authorities

Mohamed Harkat

Applicant / Named Person

Special Advocates

Special Advocates

Procedural Posture

Judicial Review of Security Certificate and Review of Conditions of Release Under the Immigration and Refugee Protection Act / Section 82(4) (5) Interim Review of Conditions Following Re Certification Under Bill C 3; Reasons for Judgment Confirming Release and Varying Conditions

Legal Issues

  1. 1 Whether the court should confirm continued release under conditions
  2. 2 Which specific conditions are necessary and proportionate to neutralize danger to national security and risk of flight
  3. 3 Effect of changed legislation (Bill C-3) and Supreme Court decisions on review standard

Ratio Decidendi

The court confirmed Mr. Harkat’s release under section 82(5)(b) because the Ministers established a prima facie case that unconditional release would be injurious to national security, but on a proportionality assessment (considering passage of time, supervision history, credibility factors and CBSA safeguards) the court varied several conditions: permitted limited home‑alone periods subject to safeguards (no computer access, CBSA notification and hourly checks), increased weekly outings to five of six hours with 36‑hour notice, allowed expanded media and counsel access under defined notice and safeguards, permitted contact with a pre‑approved Imam but refused unsupervised contact with...

Court Disposition

Release under conditions confirmed; conditions varied and clarified as set out in reasons

Orders

  • Mr. Harkat’s release under conditions is confirmed
  • Permit Mr. Harkat to be home alone between 8:00 a.m. and 9:00 p.m. subject to CBSA satisfaction that he cannot access any computer equipment, 36‑hour advance notice to CBSA by the Harkats before any home‑alone period, hourly telephone check‑ins to CBSA while unsupervised, and other existing monitoring safeguards...