A long-awaited court ruling could clear the way for deportation of Mohamed Harkat, an Ottawa man jailed for more than two years as a national security threat. On Tuesday, a Federal Court judge upheld a security certificate issued against Harkat, potentially setting the stage for the refugee's return to his native Algeria. The decision, which cannot be appealed, effectively becomes a removal order. Justice Eleanor Dawson, relying on confidential information placed before her, concluded there were reasonable grounds to believe Harkat had "supported terrorist activity" as a member of Osama bin Laden's al-Qaida network. "The confidential information comes from a variety of sources," she said in the judgment. "A significant amount of the material information is corroborated." Dawson also dismissed Harkat's constitutional challenge of legislation that allows Ottawa to issue such certificates. It wasn't immediately clear if the decision would hasten Harkat's departure. He and several other refugees in similar circumstances are fighting deportation on the grounds that they would face torture in their homelands. Immigration Minister Joe Volpe said Harkat can resort to measures "available to him under Canadian law. But we're going to proceed as per our obligations."
Harkat, 36, has been in custody since he was arrested on Dec. 10, 2002, on suspicion of being an al-Qaida sleeper agent. The Canadian Security Intelligence Service contends Harkat is an Islamic extremist and collaborator with bin Laden's network, which carried out the Sept. 11, 2001, attacks on the United States. The spy service, which watched Harkat for five years prior to his arrest, also argues he supports Afghan, Pakistani and Chechen extremists. Harkat has denied ever assisting Islamic radicals. In her ruling, Dawson said the confidential information made it "clear and beyond doubt" that Harkat lied to the court about several key points, including his association with extremists.