A Canada Border Services Agency search of the home of suspected terrorist Mohammad Harkat violated the man's Charter rights, a court ruled Tuesday, and all items taken must be returned.

In its 24-page decision, the Federal Court of Canada also said the agency must destroy copies made of any information taken from Harkat's home.

"The breach of Mr. Harkat's Charter rights was significant," wrote Justice Simon Noel.

"While the CBSA may not have acted in bad faith, they acted with disregard for the terms of the former order and the requirements of Section 8 of the Charter.

"This court cannot condone the type of intrusive search undertaken by the CBSA. Mr. Harkat may have a diminished expectation of privacy, but that does not give the state a 'carte blanche' to unreasonably intrude on what privacy is left to him."

On May 12, a dozen border agents, along with RCMP, local and provincial police, raided the Ottawa home Harkat shares with his wife, Sophie, and removed dozens of boxes filled with personal items belonging to the couple.

Two days later, Harkat's wife told Canada AM the raid took six hours, during which time the officers seized her computer, address files, family photos, CDs, diskettes, VHS tapes and letters to friends.

She said they also took confidential correspondence between her and her lawyer.

"We asked them why they were there but they wouldn't tell us," she said. "They just said that under the bail conditions, they have a right to do a search of the home. But the way it was done was just horrible."

Harkat, an Algerian refugee who has worked as a pizza deliveryman and gas station attendant, was arrested in December 2002. The Canadian Security Intelligence Service alleges that he is an Islamic extremist and a part of Osama bin Laden's terrorist network, charges that Harkat denies.

Although he has never been charged with any offence, he faces a deportation order under a national security certificate.

Harkat's lawyer, Matt Webber, said at the time that authorities have the right to enter the home, but only to ensure Harkat is complying with court-imposed bail conditions.

In his ruling Tuesday, Justice Noel said some evidence taken during the raid suggested the couple was not complying with all of those conditions.

Noel pointed to one report that claims Harkat's wife neglected to set the alarm system while her husband was alone at home.

Harkat must also wear an ankle bracelet that monitors his movements and report to authorities a couple of times a day.

In his ruling, Noel said CBSA officials should get permission from the Federal Court "to execute an authorized and minimally intrusive search" if it is concerned about bail condition compliance.

He also warned the couple against failing to follow the conditions.

"We are all human," the judge wrote, "but when one has undertaken to abide by the terms of a court order, one must remain ever vigilant that inattention does not lead to a breach."