Although the Supreme Court of Canada has upheld a national security certificate against Mohamed Harkat, the terror suspect’s “saga is far from over in this country,” legal experts say.

Harkat was arrested in 2002 on allegations that he was an al Qaeda sleeper agent who came to Canada to engage in terrorist activities.

With the court’s ruling Wednesday that security certificates are not unconstitutional and are consistent with the Charter of Rights, Harkat’s security certificate becomes active again and he can be deported to his native Algeria, where he claims he will be tortured.

Before the government can order his deportation, however, he must undergo what’s called a pre-deportation risk assessment. The government must determine what, if any, risk Harkat poses if he remains in Canada, as well as whether he faces the risk of mistreatment, torture or even death if he is returned to Algeria.

Canada does not deport to countries that have the death penalty or where there is a substantial risk of torture, except in exceptional circumstances.

Harkat and his lawyers will now be preparing to argue against his deportation if the government decides to move forward with that order.

Public Safety Minister Steven Blaney issued a statement saying only that the government “will review the decision closely.”

In the meantime

Harkat is not in custody, and it is unlikely the government will order that he be detained, his lawyer Norm Boxall told reporters outside court.

Harkat is subject to the same conditions of his release that he has been living under for years, including that he not leave Canada and that he check in regularly with authorities. Last year, his conditions were relaxed somewhat. Officials removed a GPS bracelet he had been ordered to wear and he is no longer under house arrest.

Harkat and his wife, Sophie, live in Ottawa.

What comes next?

A pre-deportation risk assessment will look at two issues: the risk to Harkat if he’s deported and the risk he poses if he remains in Canada, Boxall said, adding that “the risk of him staying here is zero.”

Harkat has lived in Canada for nearly 20 years and has not committed a crime here or been charged with one elsewhere, Boxall noted.

Should the government move to deport him, Boxall said, he expects Harkat will put up a “more than vigorous fight.”

In an email to CTV News, a spokesperson for the Canada Border Services Agency said:  “While Mr. Harkat's removal order is in effect, a removal order can only be enforced once due process under the Immigration and Refugee Protection Act has taken place.

“Further, the enforcement of a removal order (as it applies to Mr. Harkat or any other foreign national) is not public information. As such, the CBSA would not divulge said information.”

Torture risk

Harkat and his lawyers have long contended that he will be tortured if he is sent back to Algeria.

Amnesty International’s Alex Neve said Wednesday that the organization has looked at Harkat’s case and believe he is at risk of being tortured.

“The bottom line under international human rights law is that no one should be deported to a risk of torture, under no circumstances, never,” Neve said. “And it’s absolutely crucial that that be upheld.”

Asked by reporters why Harkat would face torture in Algeria, Boxall said that in some countries, someone viewed or labelled as a terrorist could be subjected to poor treatment without legal protections offered in countries such as Canada.

Labelling someone with “a stamp” identifying them as a terrorist “can create a risk or, if not a risk, a certainty of mistreatment of unimaginable horror,” Boxall said.

What’s the timeline?

The length of a pre-deportation risk assessment is variable, and legal challenges could drag the process on for years.

If Harkat challenges his deportation, which his lawyer indicates he will, the country’s top court may yet have to deal with him once again.

“He could end up all the way back at the Supreme Court of Canada once that determination’s made because he’s entitled to have due process with respect to that issue being determined,” lawyer Boris Bytensky of crimlawcanada.com told CTV News Channel.

If Harkat is ordered deported, “he could theoretically seek judicial review and various appeals thereafter,” Bytensky said.

“His saga is far from over in this country.”