I first heard about the case of Mohamed Harkat in December 2002. It was a dark time for me and my family. My husband, Maher Arar, was detained in Syria; I had become a single mother with two young children, living on social assistance. The whole world was swept with anti-terrorism policies: if you were an Arab Muslim man, you would be at high risk of racial profiling, interrogation and eventually deportation to torture.
I learned about the case of Mohamed Harkat when I saw his wife, Sophie Harkat, on the front page of the Ottawa Citizen, making an emotional plea for the release of her husband. I immediately felt a sense of sympathy for her. I felt we were fighting a similar battle. We were two women caught in the legal aftermath of 9/11, trying to bring justice to their loved ones, but surrounded by a wave of suspicion and a climate of fear.
Mohamed Harkat was arrested in front of his home in Ottawa under a security certificate. At the time, very few Canadians would have known about the controversial procedure that allows two cabinet ministers to sign a certificate ordering the deportation of a refugee or permanent resident out of Canada. This measure existed before the events of 9/11 and before the new national security legislation that followed. Nevertheless after 9/11, it became the tool par excellence to order the deportation of those deemed “dangerous” terrorists or sleeper agents. The security certificate is supposed to offer ministers a speedy way to order the deportation of an alleged terrorist. However, since 2002, these measures have been proven — through several court decisions and long public campaigns — problematic at many levels.
Mohamed Harkat’s case proved that as well. After his arrest, he was detained for a year in solitary confinement, then transferred to “Guantanamo North,” the Millhaven prison built at the exorbitant cost of $3.2 million specifically to house Arab Muslim men detained under security certificates. When Harkat was released from prison, he was put under house arrest with conditions considered to be the strictest in Canadian history. As Sophie Harkat mentioned in public speaking appearances, during this time she became her own husband’s de facto jailer, responsible for making sure he didn’t use the internet or drive outside the designated perimeter without the knowledge of Canada Border Services agents.
After 16 long years fighting his security certificate, today Mohamed Harkat is still threatened with deportation to his native Algeria. The secret evidence that led to his arrest has been destroyed by Canadian Security Intelligence Service, the informants used in this case were never cross-examined, and we learned through court proceedings that some of that “evidence” was collected through a suspect named Abu Zubeydah, who is still detained in Guantanamo Bay and who was waterboarded 83 times and subjected to torture such as sleep deprivation, forced nudity, and confinement in small dark boxes.
Mohamed Harkat escaped Algeria in 1990, at the start of the civil war that ravaged his country of birth for over a decade. He left to live in Pakistan and later came to Canada as a refugee claimant fearing for his life if he returned to Algeria. His arrest and subsequent imprisonment and treatment in Canada make him a perfect candidate for immediate arrest and detention in Algeria if deported there by the Canadian government.
According to Amnesty International, Algerian authorities “took no steps to open investigations and counter the impunity for grave human rights abuses and possible crimes against humanity, including unlawful killings, enforced disappearances, rape and other forms of torture committed by security forces and armed groups in the 1990s during Algeria’s internal conflict, which left an estimated 200,000 people killed or forcibly disappeared.”
So why does the Canadian government want to send Mohamed Harkat back to Algeria? Do they want to turn him into another “disappeared” man?
After the Supreme Court of Canada deemed security certificates unconstitutional in 2007, Canada’s new security certificate legislation was modelled on the British system. Two years ago, the British government was barred from deporting six Algerian men suspected of having links with Al-Qaida to Algeria over concerns of torture.
Despite what British government lawyers qualified as “agreements with Algeria against torture,” the Special Immigration Appeals Commission ruled that “potential future political instability in the country could undermine the assurances’ longevity.”
Why is Canada following the British model for security certificates yet turning a blind eye to decisions coming from that country — decisions that would help keep Mohamed Harkat in Canada, away from torture?
Prime Minister Trudeau and his government are under a lot of pressure from the Conservatives, who are trying to paint them as soft on terrorism. This is not new. The Conservative government has taken a hard line on terrorism — and anyone suspected of having links to it — in the past. They did it when they passed sweeping anti-terrorism legislation in 2015, they did it when they refused to repatriate Omar Khadr from Guantanamo, and they do it today on the issue of the return of Canadians who travelled overseas to fight in Syria. History has proven them wrong. Prime Minister Trudeau shouldn’t bow to this political pressure. Mohamed Harkat has suffered enough. His place is in Canada. He should never be deported to torture.
This column was initially published at rabble.ca