Harkat can remain under house arrest: ruling
Last Updated: Monday, February 18, 2008 | 1:42 PM ET
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Mohamed Harkat, an Ottawa-based man accused of being an al-Qaeda collaborator, can remain under house arrest despite breaching his bail conditions, a Federal Court judge ruled on Monday.
Justice Eleanor Dawson rejected a request from the Canada Border Services Agency to put Harkat back behind bars.
The Algerian refugee was detained on a federal security certificate from 2002 to 2006, but since then has been living in his home under strict conditions.
Last Tuesday, federal authorities swooped in and arrested him while he was showering for allegedly violating bail conditions.
The order stipulates he must be in the company of his wife, Sophie, or his mother-in-law, Pierrette Brunette, at all times.
Government lawyers argued he breached his conditions because his mother-in-law is no longer a full-time resident of the house where he lives with his wife in a basement apartment.
Harkat was released back to his home on Friday pending Monday's decision.
In that decision, Dawson also turned down the Crown's request that Harkat forfeit more than $100,000 in cash and bonds. She said that seizure would be unfair in light of the "unique and extraordinary circumstances" that led to his rearrest Jan. 29.
She also said Harkat can remain free as long as he meets the conditions of his release as set down in prior court proceedings.
Harkat had put in a request that the court ease the strict terms of his release order so he could stay at home unsupervised, but Dawson refused.
With files from the Canadian PressShare Tools
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