Last security certificate detainee to be freed
Toronto Star, January 02, 2009. Michelle Shephard
The last remaining terrorism suspect who has been held for seven years under a “national security certificate” has been ordered released from detention. Federal court Justice Richard Mosley ruled Friday that there is no evidence that Syrian Hassan Almrei “poses a threat to the safety of any individual” and should be released under strict conditions. “I am satisfied that any risk that he might pose to national security or of absconding can be neutralized by conditions,” Mosley wrote in his 100-page ruling.
Conditions for his release will likely include 24-hour monitoring by agents with the Canada Border Services Agency, wearing a GPS monitoring bracelet and a ban on any use of cellphones or computers.
“Hassan was very, very happy – very pleased,” said his lawyer Lorne Waldman after speaking with Almrei by phone. “Personally, I’m delighted. Holding someone in Canada without charge, without trial, is a very serious matter and I’m relieved that this detention will end soon.”
Critics of Canada’s immigration law that allows the government to deport non-citizens deemed a risk to national security have called the Kingston holding centre where Almrei is held “Guantanamo North.”
During his lengthy detention review hearings last fall, Almrei received the backing of many prominent Canadians, including documentary filmmaker Alexandre Trudeau, son of former prime minister Pierre Elliot Trudeau. A former RCMP officer and now court expert on jihad testified that he didn’t believe Almrei posed a risk. In past hearings a jail guard once testified that he wouldn’t mind if Almrei was released and moved in next door.
But in fighting his release, the government argued that Almrei once belonged to a terrorist forgery ring and continues to support the ideology espoused by Al Qaeda leader Osama bin Laden.
Mosley noted in his ruling that he “had no difficulty” in accepting the government’s position about the continued risk faced by terrorist organizations such as Al Qaeda, but that the evidence did not show there were “reasonable grounds to believe Mr. Almrei’s continued detention is necessary at this time.”
In 2007, the Supreme Court struck down the national security certificate provision of Canada’s immigration law as unconstitutional. The high court justices ruled that holding secret federal court hearings based on evidence provided by Canada’s spy service was unfair to the accused.
A new law was passed by Parliament last year and introduces the role of special advocates who have security clearance, and are able to challenge the government’s evidence behind closed doors.
New hearings for Almrei and four others accused of links to terrorist organizations are expected to take place early this year.
ow court expert on jihad testified that he didn’t believe Almrei posed a risk. In past hearings a jail guard once testified that he wouldn’t mind if Almrei was released and moved in next door.
But in fighting his release, the government argued that Almrei once belonged to a terrorist forgery ring and continues to support the ideology espoused by Al Qaeda leader Osama bin Laden.
Mosley noted in his ruling that he “had no difficulty” in accepting the government’s position about the continued risk faced by terrorist organizations such as Al Qaeda, but that the evidence did not show there were “reasonable grounds to believe Mr. Almrei’s continued detention is necessary at this time.”
In 2007, the Supreme Court struck down the national security certificate provision of Canada’s immigration law as unconstitutional. The high court justices ruled that holding secret federal court hearings based on evidence provided by Canada’s spy service was unfair to the accused.
A new law was passed by Parliament last year and introduces the role of special advocates who have security clearance, and are able to challenge the government’s evidence behind closed doors.
New hearings for Almrei and four others accused of links to terrorist organizations are expected to take place early this year.