Alternatives to deporting men under security certificate
A federal interdepartmental body is looking into policy options in order to manage terrorism suspects that are under the national security certificate. There are currently three people that have been arrested under the security certificate, Mahmoud Jaballah and Mohamed Zeki Mahjoub of Egypt, and Mohamed Harkat of Algeria. While their cases take a while to go through the court system, the men with alleged terror links are out on bail and under strict surveillance.
The government is unable to deport the suspects because they cannot send non-citizens to their home countries when the foreign nationals risk torture or death.
The Alternatives to Removal Working Group has been considering tools available under the law to handle the terrorism suspects. The group includes the RCMP, Citizenship and Immigration, the Canadian Security Intelligence Service, Canada Border Services Agency, Justice, Public Safety and Foreign Affairs.
Instead of deporting the suspects, they are looking into options like the Anti-terrorism Act which would allow them to prosecute the men, or Criminal Code provisions relating to offences including violence, theft, forgery, and conspiracy.
Deporting men under security certificate still might be an option
Even if the men face torture or death in their home country, the group believes deportation may be possible with assurances.
“One possible solution to this dilemma is to seek assurances from the receiving state that the individual will not be tortured or otherwise be subjected to cruel, unusual, inhuman or degrading treatment or punishment,” according to the group.
Security certificate system needs fixing
Peter Van Loan, the public safety minister in 2009, admitted that there were issues with the security certificate.
Besides the fact that suspects can end up in indefinite legal limbo, the security certificate violates basic principles of justice because the suspects are denied access to evidence against them and are indefinitely detained.