Lawyers for George Galloway suggested that if the controversial British MP is deemed to be a supporter of terrorism because of humanitarian aid sent to the Hamas-ruled Gaza Strip, so too should Canadian Prime Minister Stephen Harper.

British MP George Galloway was denied entry to Canada in March 2009. (Alastair Grant/Associated Press)

In Federal Court in Toronto on Wednesday, lawyer Barbara Jackman questioned why it was acceptable for the Canadian government to send millions in aid to those living in Gaza, but Galloway was barred from Canada for donating medical supplies and funds he raised for the people.

"They can't play games like this," she said.

The outspoken British MP was denied entry into Canada in 2009 ahead of a four-city speaking tour. The government cited his support of the Palestinian group, Hamas, which is deemed a terrorist organization in Canada.

But Galloway and his supporters have argued that he was barred because the Conservative government didn't want him to deliver his anti-war messages.

Outside court, Jackman acknowledged, "I got a little carried away," when asked about her reference to the prime minister. But she said the logic stands: that Galloway should be held to the same standards as the government.

Jackman stressed that terrorism laws are intended to target people involved in activities such as bombings. Galloway, she said, was simply exercising his right to free speech by making a political statement when he gave aid to Hamas and the Red Crescent.

"It so minimizes what terrorism is all about," she said. "It doesn't mean anything if it covers everyone who speaks."

Aid approved by Israel: lawyer

In March 2009, Galloway delivered the equivalent of about $38,300 to Hamas, which went toward the purchase of four incubators at a hospital and to establish a new pediatric dialysis service.

"An incubator is not a gun," Jackman said in court.

The outspoken politician handed over the donation after a highly publicized journey across Europe in a 109-vehicle aid convoy that travelled from London to the coastal territory. The vehicles and their contents, worth more than $1. 5 million, were also donated to Hamas.

But Jackman maintained in court that the "Aid was passed to elected officials of Gaza, not to the Hamas as the Hamas."

Hamas won 2006 parliamentary elections but is considered a terrorist organization by Canada, the U.S. and the European Union. Israel and Egypt have closed the border with Gaza, cutting off the flow of goods to the 1.5 million people living in the strip and only occasionally allowing in humanitarian aid.

Galloway's lawyers argued that the aid delivered was approved by Israel and that many countries have contributed humanitarian aid to the people of Gaza, including Canada.

MP able to deliver message: government

Meanwhile, government lawyers argued that Galloway's charter rights weren't violated because Galloway was still able to deliver his message via video conference.

Galloway, who represents the left-wing Respect Party in the constituency of Bethnal Green and Bow in Greater London, gave his speeches via video link from New York after his supporters failed to get an emergency injunction suspending the ban.

Lawyer Marie-Louise Wcislo argued that although not ideal, "it did not impact on the content of his message."

She also argued that no official decision was ever made as to whether Galloway would be permitted into Canada because he never attempted to enter the country.

A letter sent to Galloway by Robert Orr, immigration program manager at the High Commission of Canada in London, was a preliminary assessment that he would be inadmissible. Wcislo characterized it as a courtesy letter sent in good faith to warn Galloway of the issues he might face at the Canadian border.

She argued that because he never attempted to enter Canada, he never gave the government a chance to make a final decision.

Galloway's lawyers also cited emails from within the office of Immigration Minister Jason Kenney, claiming they show it was Kenney, and not the Canada Border Services Agency, who wanted him kept out of the country.

Kenney has denied the allegation, saying neither he nor his office "had any communication with the CBSA on [the Galloway] case nor any other case."

The government lawyer argued that the decision-making power ultimately lay in the hands of border agents, but Galloway's lawyers argued that border agents were unlikely to go against the expressed wishes of government officials.

Never supported Hamas: Galloway

A member of the British Parliament since 1987, Galloway was expelled from the Labour Party by then-prime minister Tony Blair in 2003, partly because he suggested in a TV interview that Blair and the U.S. president at the time, George W. Bush, were acting "like wolves" in their invasion of Iraq.

In an interview with CBC News, Galloway denied he has ever supported Hamas, saying he delivered ambulances, baby milk, medicine and food to humanitarian organizations and charities to people starving to death in the Gaza Strip.

"And if that’s a crime, it means a redefinition of the word ‘crime’".

Galloway said he has a point of view that should be allowed to be heard by Canadians.

“They may not agree with it, but the idea that a mature parliamentary democracy like Canada should use the immigration laws, abuse the immigration laws to stop their people hearing someone’s argument is clearly something that should be worrying Canada, and I think probably is.”

Federal Court Judge Richard Mosley reserved his decision in the case.

With files from The Canadian Press