Terror suspect turned away by top Canadian court

On Thursday, 18th of September, the Supreme Court of Canada refused to stay the deportation proceedings of an alleged Al-Qaeda sleeper agent who fears arrest, torture and worse, death, if he is returned to Morocco.

On Thursday, 18th of September, the Supreme Court of Canada refused to stay the deportation proceedings of an alleged Al-Qaeda sleeper agent who fears arrest, torture and worse, death, if he is returned to Morocco.

Despite the setback, the suspect Adil Charkaoui will not give up his various legal challenges to remain in the country, his lawyer Johanne Doyon said.

Charkaoui was arrested in the year 2003, under the security measures that are contained in the Immigration and Refugee Act of Canada that permit secret court hearing and jailing for indefinite period for foreigners who are suspected of terror ties, and that too without charges.

Two years later, he was released on strict bail conditions that included electronic monitoring.

The high court was asked specifically to rule whether the immigration minister should be allowed to weigh national security concerns in deciding whether a person should be deported on not. Under the act, the power is granted to the minister but Doyon claimed that it contradicts the duty of the minister to ensure the safety of deportee, and it also goes against the UN Convention against Torture.

A pre-removal risk assessment in the case of Charkaoui found that there was a danger of torture, risk to cruel and unusual treatment or punishment and also risk to life, if he is sent to Morocco, where an international warrant for his arrest has been issued.

Under normal circumstances, this would have been enough to cancel the deportation.

However, another assessment found that Charkaoui was also a danger to the security of Canada and its people.

As usual, the high court did not explain its refusal to hear the case.