CUPW has always had a clear and consistent policy on security certificates: it is opposed to them. This is why, over the years, we have publicly supported the struggle of Mohamed Harkat.
Security certificates, which are used to deport non-Canadians from Canada, have existed under one form or another since 1978, but they were strengthened under the Harper government. One of the Union’s fundamental objections to them is that the accused is refused access to any information regarding his or her case. As a result, the accused person is deprived of the means for a full defense. This is the case for Mohamed Harkat.
In 2014, the Supreme Court ruled that the security certificate covering Mohamed was reasonable and that Canada had the right to deport him. However, the Court added: “He potentially faces deportation to a country where he may be at risk of torture or death, although the constitutionality of his deportation in such circumstances is not before us in the present appeal.” This is the basis on which Mohamed is challenging his deportation.
CUPW IS OPPOSED TO THE DEPORTATION OF MOHAMED HARKAT. This is why we need to concretely support the campaign to keep him in Canada. We hope you will respond in large numbers to the call launched by Mohamed Harkat’s spouse, Sophie, in the attached letter.
The struggle continues.
As many of you know, Mohamed Harkat was arrested under an unjust SECURITY CERTIFICATE without charge on Dec. 10th, 2002 and was never given access to the secret “evidence”. The original “evidence” (consisting of (notes, memos, interviews, intercepts, etc. as well as hearsay) were all destroyed by CSIS, making their examination by legal counsel impossible, and the main informant (who was never cross-examined in secret proceedings) failed his lie detector test. Government also heavily relied on information that came from or was gleaned from torture. Moe was detained without charge for 43 months in a maximum security provincial detention centre, and then released on bail under the most stringent conditions in Canadian history. Since 2006, Canadian Border Services Agency has been monitoring his conditions closely and making life very difficult for Moe and his family by dehumanizing and humiliating us daily (whether at home, in public, with family and the work place). At his last bail review in 2017, CSIS did not bother to provide a risk assessment. The last assessment provided in 2008 claimed “Mohamed was not as big of a threat as they initially thought he was.”
THE THREAT TO MOE’S LIFE AND SAFETY IS REAL
Despite having referred to him as a low risk, CBSA is pushing through with the deportation, putting him at risk of detention, torture or death because of the allegations he was never able to fight.
In May of 2014, after several court challenges (first challenge was found unconstitutional) The Supreme Court of Canada ruled that although the process was not ideal, nor perfect, and that they felt uncomfortable holding secret proceedings, the Security Certificate process was sufficiently fair and was constitutional. The government is now pushing for Moe’s deportation claiming Canadians would be more at risk if he were to stay in Canada than the risk posed to his own safety if returned with such serious secret allegations. Moe has no criminal record and is working for a great organization. The threat of deportation hangs over our heads like a cloud. He has been in Canada for 23 years!!!
In December of 2016, our legal team applied for a special Ministerial application. Public Safety Minister Ralph Goodale has the power to end the threat of deportation immediately and do the right thing by allowing Moe to stay in Canada and let us move on with our lives. The case has been in front of the Minister for almost two years without any movement.
As you know, in a year we’ll be heading towards another election campaign. This matter needs to be resolved NOW! This nightmare has lasted 16 long and painful years. IT’S TIME FOR IT TO END! We do not want Moe’s file in the hands of another Minister.
1-ADD YOUR NAME TO OUR NEW LETTER CAMPAIGN
(will only take 1 minute!)
2-Please watch and SHARE this video
Justin Trudeau's government is trying to deport Mohamed Harkat, a refugee who has lived in this country for 23 years, to face torture in Algeria. On June 25,...
3-MAKE A DONATION. We have not fundraised in over 4 years, and we urgently need funding for upcoming legal fees. We need to raise $25 000. If we are fortunate enough to raise more, we’ll be able to afford another bail review. Since Moe’s last bail review, CBSA has been causing us a lot of stress and problems with Moe’s work.
PLEASE NOTE: We tried to simplify the donation process by starting a GoFundMe Page, however our page was rejected and deleted because of our cause.
Thank you for your time, support and solidarity the past 16 years!
May Justice Prevail
Please share widely.
Sophie Harkat (wife of Mohamed Harkat)