Restrictions on the freedom of suspected terrorist Adil Charkaoui must remain in place to "neutralize'' any danger, a federal court judge ruled on Wednesday.
Restrictions on the freedom of suspected terrorist Adil Charkaoui must remain in place to "neutralize'' any danger, a federal court judge ruled on Wednesday.The Moroccan-born Charkaoui has been living in Montreal under a number of conditions that include a curfew and wearing an electronic monitoring bracelet.
Federal Court Judge Simon Noel ruled the conditions imposed on Charkaoui must remain.
"Taking into account the danger with which Charkaoui was associated and the importance of assuring this danger is and remains neutralized, the restrictions associated with his freedom remain necessary,'' the judge wrote in a 24-page judgement.
Charkaoui said in an interview Wednesday evening that he is disappointed in the decision which comes on the eve of an important Muslim holiday.
"We will observe it but we will observe it in sadness,'' Charkaoui said of the holiday. He pointed out that he has co-operated with the court and taken four polygraph tests.
"I will go in appeal for this decision. I think it's a really unfair decision,'' he said, adding he might take the matter to the United Nations. He said he should have a fair trial and not be subjected to the treatment he has faced since his arrest four years ago.
Dominique LaRochelle, Charkaoui's lawyer, said she will challenge Noel's ruling.
"I'm very disappointed with this decision which contains errors in law and we will appeal before the federal Court of Appeal,'' she said Wednesday.
Charkaoui was arrested in 2003 and was detained for 26 months under the provisions of a federal security certificate until he was released in 2005 with the restrictions.
"Given my conclusion that the conditions remain to ensure that any danger is neutralized, I simply can't temporarily release Mr. Charkaoui without any restrictions,'' the judge wrote.
Documents released by the Canadian Security Intelligence Service in 2003 said Charkaoui "is a member or was a member'' of al-Qaida, adding he's a "danger to the security of Canada'' and could "engage in (acts of) terrorism.''
Charkaoui has denied any links to terrorism.
Mary Foster, a member of a group that supports Charkaoui, said the Supreme Court of Canada ruled earlier this year the certificate process was unconstitutional.
"And yet Mr. Charkaoui remains under severe restrictions on his liberty,'' she said in an interview.
"I'm very disappointed...where's the justice?'''
But Noel has left the door open to future changes. He asked both Charkaoui's lawyers and the federal government to discuss any amendments to the restrictions, and said if they can't agree to submit their proposals to the court.<
"In closing, the court intends to review the restrictions again in the course of time if neither party makes the request.'' The judge also noted that despite the restrictions, which also prevent Charkaoui from using the Internet or a cellphone, he is teaching full-time in an elementary school in Montreal and is working on another university degree.
Noel said Charkaoui has participated in a number of public debates, "participating also in democratic life in Canada'' and has moved to another apartment and become a father for the third time.
In February, the Supreme Court overturned the current system of security certificates used by Ottawa to detain and deport non-citizens on public safety grounds, saying it violates the Charter of Rights. It also suspended the full legal effect of the ruling for a year.
That will give legislators time to rewrite the law and comply with constitutional principles that guarantee fundamental justice and prohibit arbitrary detention.
