Sue Montgomery, Montreal Gazette, 24 September 2009

MONTREAL - Adil Charkaoui dumped the components of a GPS tracking system that let authorities monitor his every move for the past four years into a plastic bag and handed it over to two Canada Border Services agents outside his home.

“Au revoir,” one of the agents said before descending the stairs of Charkaoui’s Anjou duplex.

“Actually, it’d be a pleasure not to see you again,” quipped Charkaoui, elated that a Federal Court judge ruled yesterday that the security certificate under which he’s been living for the past six years will be lifted in the coming days.

Judge Danielle Tremblay-Lamer also lifted the conditions under which Charkaoui had been living since his release from prison in February 2005, including wearing the electronic ankle bracelet.

It’s the latest victory in the Moroccan-born permanent resident’s struggle to clear his name since he was arrested in 2003 on suspicion of being a sleeper agent for Al-Qa’ida – a claim he’s steadfastly denied.

But Canada’s spy agency still maintains it has a case against Charkaoui, a 36-year-old father of three who has a fourth child on the way. “CSIS stands by the accuracy and reliability of its information submitted ... against Adil Charkaoui,” the Canadian Security Intelligence Service said in a statement yesterday.

Charkaoui was arrested in Montreal under a security certificate, a rarely used tool under immigration law that allows authorities to detain non-citizens without charge indefinitely if they are deemed a threat to national security. Unlike charges under the Criminal Code, neither the suspect nor the defence has a right to see the evidence CSIS has gathered.

Tremblay-Lamer had ordered the federal government in March to reveal its wiretap evidence against Charkaoui, but in May the government announced it was withdrawing the evidence, which led to yesterday’s decision to lift the certificate.

The government says it will appeal the order to reveal the evidence and will try to slap another certificate on Charkaoui.

“The disclosure of this information would be injurious to national security, and compromise the ability to effectively investigate security threats to Canadians,” CSIS said. “It is imperative that CSIS protect its sources, and guarantee their anonymity. Otherwise, very few individuals would be willing to co-

operate with CSIS.”

But Johanne Doyon, the lawyer who has defended Charkaoui since the start of his ordeal, said Ottawa has known since the beginning that its evidence was unreliable and was based on declarations from detainees who were tortured.

“They (the government) were lying to us and lying to the court, and this is an abuse of power,” she said, vowing to stop the attempt to appeal.

“It’s unbelievable.”

Charkaoui’s rights were violated and his dignity and reputation damaged in a file that contained secret and incomplete evidence, Doyon contended. Tremblay-Lamer, therefore, also should consider reparations for Charkaoui, as she’s the only person who’s actually seen the evidence, Doyon argued.

The 2003 arrest of Adil Charkaoui, and the countless court dates that followed, have taken their toll on, Mohammed and Latifa Charkaoui, who until recently had to accompany their son everywhere as part of his bail conditions.

Charkaoui, a machinist and amateur boxing coach, immigrated to Canada with his wife and two children in 1995. All obtained their citizenship in 1998 except Charkaoui, whose application was rejected because of a mention of a trip to Pakistan.

Now that he’s no longer living under the certificate, he wants two things: his citizenship and a public apology.

“I won, but there’s something missing, an apology, the question of guilt,” Charkaoui said yesterday as he poured sweet mint tea at his home after the day in court. “It hurts.”

He said he wants to fulfill his career goal to work as a teacher – something he has been prevented from doing since the Quebec minister of education revoked his teaching certificate two years ago.

The shadow of doubt hanging over Charkaoui also has deterred anyone from employing him, so he’s worked on his doctorate, which he hopes to have by next year.

Charkaoui and four other Muslim men in Ontario have challenged their security certificates. In 2007, the Supreme Court declared the certificates unconstitutional and a new law was passed that allowed special advocates, acting on a suspect’s behalf, to view protected information.

It’s unclear how yesterday’s decision will affect the four other men.

Charkaoui said he hopes his case will have some influence.

“There are battles to be fought, but am I going to spend my life doing that or will I turn the page?” he said.

“I don’t know.”

smontgomery@thegazette.canwest.com
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