An Ottawa man at the centre of one of Canada's longest-running national security cases has secured a new legal foothold in his fight to stay in the country.
A federal judge ruled on June 4 that Mohamed Harkat — long accused by the Canadian government of being a threat to national security — must be granted a judicial review of the federal decision that he should be deported from Canada. The ruling does not overturn the deportation order, but it forces the government to take another look at whether its decision was sound.
Who Is Mohamed Harkat?
Harkat has lived in Ottawa for decades and has become one of the most prominent faces of Canada's controversial security certificate system — a legal mechanism that allows the government to detain and deport non-citizens deemed a threat to national security without publicly disclosing all of the evidence against them.
He was first arrested in 2002 on allegations that he had ties to al-Qaeda, charges he has consistently and firmly denied. His case has wound through the Canadian court system for more than two decades, becoming a flashpoint for debates about civil liberties, the rights of immigrants, and the limits of national security law.
His wife, Sophie Harkat, has been a tireless public advocate on his behalf, and the couple has built deep roots in the Ottawa community over the years.
What the Judge Decided
The June 4 ruling grants Harkat the right to a judicial review of the federal government's conclusion that he should not be allowed to remain in Canada. While the ruling is procedural rather than a final determination on the merits of his case, it represents a meaningful check on the government's decision-making process.
Judicial reviews scrutinize whether a decision was made fairly, reasonably, and in accordance with the law — they do not necessarily result in the underlying decision being reversed, but they can force a reconsideration if procedural or legal errors are found.
A Case That Raises Bigger Questions
The Harkat case has long been a source of debate in legal and civil liberties circles. Critics of the security certificate process argue it denies accused individuals basic due process rights, including the ability to fully confront and challenge the evidence against them. Supporters argue the system is a necessary tool for protecting national security when fully public proceedings would compromise intelligence sources.
For Ottawa residents who have followed this case over the years, the latest ruling is another chapter in a saga that has stretched across multiple federal governments and produced numerous landmark court decisions.
Harkat has previously succeeded before the Supreme Court of Canada, which in 2014 upheld the constitutionality of the security certificate regime while also requiring greater procedural fairness protections.
What Happens Next
With the judicial review now ordered, the federal government will need to revisit its deportation decision and demonstrate that it was reached through a fair and legally sound process. The outcome of that reassessment remains to be seen.
For Harkat, who has spent more than two decades fighting to build a life in Ottawa, the road ahead remains uncertain — but this ruling ensures the fight continues.
Source: Ottawa Citizen
