Judge orders recall of CSIS witnesses in Harkat case
Last Updated: Wednesday, May 27, 2009 | 8:19 PM ET
CBC News
Related
Internal Links
Mohammed Harkat was arrested in 2002 and accused of being allied with Osama bin Laden.
(Chris Wattie/Reuters)A federal judge says Canada's spy agency may have disobeyed court orders by withholding information in the case of terrorist suspect Mohammed Harkat.
In a judgment released Wednesday, Federal Court Justice Simon Noel said he wants to review all evidence provided by CSIS and recall the agency's witnesses.
Calling it a "troubling situation," Simon says recent disclosures raise questions about whether CSIS has been operating in good faith.
The ruling comes on the heels of a top-secret letter sent to Noel from federal lawyers.
The letter contained information dating back to 2002 about the reliability of an informant who worked with CSIS.
The letter, prepared by counsel for Public Safety Minister Peter Van Loan and Immigration Minister Jason Kenney, acknowledged that the material should have been turned over earlier and that "failure to do so is a serious matter."
It added that CSIS was investigating to find out why the delay occurred and would provide more details to the court as soon as possible.
Judge sees 'possible prevarication'
Noel raised the possibility that CSIS witnesses have lied and that the agency may not have complied with court orders.
In his ruling, Noel wrote that the delay raises questions about the spy service's compliance with past court orders and about "possible prevarication" by CSIS witnesses who have testified before him.
Simon has ordered the government to produce its information by June 1 in complete, unrevised form to Paul Copeland and Paul Cavalluzzo, two security-cleared lawyers appointed to ensure Harkat gets a fair hearing.
He said to do otherwise would bring the administration of justice into disrepute.
Norm Boxall, one of Harkat's lawyers, called it an astounding judgment.
"It raises serious credibility issues with respect to the national security service and, as they say, it takes a lifetime to build a reputation and a minute to lose it," he said.
Boxall added it could lead to a stay of the government's entire case against Harkat.
CSIS said it is still trying to determine how it will be respond to Wednesday's ruling.
Harkat, who was arrested in 2002 and is accused of being allied with Osama bin Laden, has been living in Ottawa, subject to a security certificate, for 3½ years.
With files from The Canadian PressShare Tools
Top News Headlines
- Adele wins best album, best record Grammys
- Adele capped off a "life-changing" year by winning six Grammys Sunday night, including record of the year and album of the year for 21 more »
- Hit and run victim's family fears accused will walk
- The family of a young mother killed in a hit and run is outraged that the case against the alleged driver is among thousands in B.C. at risk of being thrown out because of a huge court backlog. more »
- CBC launches digital music service
- CBC is diving into the world of online music with the goal of providing listeners access to their favourite tunes and a way to discover new artists and connect with fellow music fans. more »
- Is it time to start investing in world markets yet?
- Investors have always been told that diversification is one of the best ways to reduce the risk associated with a portfolio, but they often aren't told the whole story. more »
Latest Canada News Headlines
- Manitoba wants ER death lawsuit thrown out
- The Manitoba government is making a court bid Monday to quash a lawsuit by the family of Brian Sinclair, a homeless man who died after waiting 34 hours in a hospital emergency room in 2008. more »
- Still no power for 1,500 in Maritimes
- Parts of eastern P.E.I. and the Tracadie-Sheila area of New Brunswick still have no electricity Monday morning following a storm Saturday. more »
- Quebec town 'heartbroken' after killing of woman, sisters
- A small Quebec town is in mourning Sunday after a Quebec man was charged with killing his nieces and his mother, who were found dead in their family home. more »
- Doors blocked in fatal Manitoba trailer blaze
- Four men who died in a residential trailer fire in Selkirk, Man., may not have been able to escape because both of the home's exits were blocked, says a local fire official. more »
On Tonight's National
Top stories
Shafia Jury Deliberations
- Dan Halton
- The jury in the Shafia murder trial begun deliberations today. Mohammad Shafia, his wife and his son are accused of killing four of their family members. They are charged with four counts of first-degree murder and have all pleaded not guilty to the charge.
Watch the Best of the Show
- Get Connected
- Syria cracks down on protesters, one day before an Arab League delegation arrives.
Stay Connected
- Carolyn Dunn
- An English soccer captain is facing racial abuse charges after an on-field exchange with another player.
The Current
- Panda Diplomacy Feb. 10, 2012 2:43 PM Zoos in Canada are getting ready to welcome two giant pandas despite concerns about whether this will actually generate revenue and awareness about conservation.
- Adele wins best album, best record Grammys
- Whitney Houston autopsy results withheld
- Hit and run victim's family fears accused will walk
- Quebec town 'heartbroken' after killing of woman, sisters
- Pop queen Whitney Houston dies at 48
- Manitoba man dies after falling off moving SUV
- 2 vehicles sink on river highway
- Doors blocked in fatal Manitoba trailer blaze
- Greece passes new austerity deal amid rioting

