Mohamed Harkat () (born August 6, 1968, Algeria) is a native-born Algerian and permanent resident of Canada who was arrested in 2002 and was imprisoned under security certificates after the Canadian Security Intelligence Service (CSIS) concluded that he entered the country as a sleeper agent for al-Qaeda. His court challenge of the government's security certificate proceedings - which could lead to his deportation from Canada - are ongoing. The Harkat case is one of Canada's longest-running judicial matters.Andrew Duffy, Ottawa Citizen, Twenty-two years later, federal government still working to deport Ottawa's Mohamed Harkat, published: 2024-09-21, <https://ottawacitizen.com/news/local-news/twenty-two-years-later-federal-government-still-working-to-deport-ottawas-mohamed-harkat>.
Early life and education Mohamed Harkat was born in Taguine, Algeria to El-Ait, and is one of seven sons. His father was born in Algeria, but worked both there and in France in the construction business.
As a student at the University of Oran, Harkat joined the Front Islamique du Salut (FIS) in 1989, when it was still a legitimate political movement. He offered them the use of a family-owned house in Zmalet El Emir Abdelkader as a registered district office. Harkat was excused from Algerian military service because he broke his left leg as a child and it never properly healed.Transcript of proceedings - Federal Court File No. DES-4-02 "In the matter of Mohammed Harkat", heard at Ottawa, Ontario, October 27, 2004, pp. 179-181.
In March 1990, the Algerian government stormed the house and arrested the FIS members within. Harkat was not present, and was warned by his uncle that security forces were seeking him. He fled Algeria in 1990 as a university student opposed to its then military-backed government.
Leaving Algeria Harkat departed in April 1990 for a trip to Saudi Arabia using a Hajj passport. From there he travelled to Pakistan, where the Muslim World League employed him and sent him to Peshawar in May 1990, to help distribute relief packages and organise aid programs.CSIS interview of Harkat, May 1, 1997 For the next four years, Harkat worked and lived out of a Babbi warehouse. He picked up shipments of food and relief supplies for the refugee camps in the city from the Peshawar airport and train station, earning $300–500 monthly.Transcript of proceedings - Federal Court File No. DES-4-02, In the matter of Mohammed Harkat, heard at Ottawa, Ontario, October 27, 2004, pp. 85, 91-101, 117, 124-125, 128-129.
CSIS has alleged that during this time he also worked for Human Concern International. They suggest that this meant he was a formal colleague of Ahmed Khadr, and that he may have run a guest house for foreign mujahideen traveling to participate in the Afghan civil war.Duffy, Andrew. Ottawa Citizen, "Terror suspect once worked on Khadr's behalf: CSIS" , Vancouver Sun, May 29, 2009
In June 1994 Harkat lost his job. He lived off his $18,000 in savings for the next year.October 28, 2004 testimony by Harkat He has made contradictory statements suggesting he either deposited $12,000 of his earnings in a bank through his friend Haji Wazir, or that he never used a bank and kept all his money with him.CSIS interview of Harkat, October 4, 1997CSIS Immigration Screening interview of Harkat, June 11, 1998 CSIS contends that Pacha Wazir, to whom they believe Harkat is referring, is an Emirati citizen known to have connections to al-Qaeda.Canadian Press, "Harkat shows classic signs of 'sleeper' agent: CSIS", November 5, 2008
The Canadian Security Intelligence Service (CSIS) alleges that Harkat and "Mohammad Adnani" were the same person, and that during this time, he joined the more militant Groupe Islamique Armé wing of FIS. They allege he eventually aligned with Gama`at Islamiyya. CSIS will not provide a source for this claim, arguing that the information came from "open sources".
In September 1995, Harkat paid $5000 for airfare to travel from Pakistan to Malaysia, from where he hoped to catch a direct flight to Canada.Immigration Screening interview of Harkat, June 11, 1998, Q&A 71-72 In Kuala Lumpur, he purchased a forged Saudi passport in the name of Mohammed M. Mohammed S. Al Qahtani for $1200 from a stranger named Abu Abdallah Pakistani, to carry in addition to his legitimate Algerian passport. Saudi passports did not require entry visas to visit Canada.Service Immigration Screening interview of Harkat, June 11, 1998
In Canada Holding about $1000, Harkat flew from Malaysia to Toronto via the United Kingdom on October 6, 1995. He contacted Taher, a colleague he had met in 1994 in Peshawar then living in Ottawa, Ontario. He arranged to meet him at the Ottawa bus station, since he said he had been told that it was best to start a refugee claim from the city. Taher met him at the bus terminal and took him to the mosque, where he was introduced to Abrihim, a convert to Islam who lived beside the mosque. He allowed Harkat to live with him for a week or two.Duffy, Andrew. "Harkat: I'm no terrorist, just a victim of chaos", Ottawa Citizen,October 28, 2004Transcript of proceedings, Federal Court File No. DES-4-02, In the Matter of Mohammed Harkat, testimony of Harkat, October 27, 2004, pp. 156 to 160.
Harkat said that he would be persecuted by the Algerian government if he returned, due to his past membership in the FIS.Personal Information Form (PIF) for people claiming convention refugee status, filled out by Harkat His claim was accepted on February 24, 1997 and he was recognized as a refugee by Canada. In March of that year, he applied for Permanent Resident status.
He worked as a gas station attendant and a deliveryman for Pizza Pizza during his first seven years in Canada.
While attending prayers at the Ottawa Mosque on Northwestern Avenue, he met Mohamed el-Barseigy, who was looking for someone to share his apartment. Accepting el-Barseigy's offer of a drive back to Toronto, Harkat was introduced to Ahmed Khadr, who was also in the van. Harkat has said that Khadr was silent during most of the trip, and his only advice to Harkat was "tell the truth to immigration authorities." (A Federal Court justice commented that this was "inherently implausible and incredible".)Federal Court of Canada, "Reasons for denial of bail to Mohamed Harkat" They never met again after the 5-hour drive.Duffy, Andrew. "Ottawa man a terrorist, judge rules", Ottawa Citizen, March 23, 2005
Harkat was also in contact with Fahad al-Shehri, who was later deported from the country. In 1996, after el-Barseigy moved to a new home, Harkat moved to 391 Nelson Street, Apartment 1. At the end of the year, he enrolled in English courses at the Ottawa Technical High School.
On October 4, 1997, he was interviewed by CSIS, and was accused of using the alias "Abu Muslima", which he denied.Service interview of Harkat, October 4, 1997 In 2004, he recanted his denial and admitted using the name in Pakistan.Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, October 28, 2004, pp. 64-65.
He became addicted to gambling, and lost several thousand dollars - prompting authorities to ask where he'd gotten the money in the first place.Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, October 27, 2004, pp. 220. He said that a man named Wael, a mutual friend with Harkat's close friend Abdel Mokhtar, had come to Canada with $60,000 to start a business. Liking Harkat, he offered to loan him $10,000 and then an additional $8,000 to open an antique store and a gas station. Harkat also stated that the money was from Mokhtar, rather than Wael.Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, October 27, 2004, pp. 133, 184-189.
It later came to light that one of the CSIS agents detailed to collect information on Harkat had been Theresa Sullivan, who had been fired in 2002 after she carried on an extramarital affair with one of her informants. Given this behavior, Harkat questioned in court whether information she provided about him to CSIS was reliable.
For the past decade, Harkat has been living and working in Ottawa - he's now a church janitor - while fighting his extradition in court.
Marriage and family Harkat married Canadian citizen Sophie Lamarche, who he met at the gas station he worked at, in January 2001.
Arrest
Harkat was arrested in Ottawa on December 10, 2002 as a threat to national security, after a security certificate was issued on the recommendation of CSIS. Its officers relied upon secret evidence that has not been revealed due to national security concerns.Media for Social Change, "Measuring Security Measures", National Film Board
Public statements indicated that Abu Zubaydah, who was waterboarded during harsh interrogations by the United States, described a man "similar to" Harkat running a guest house in Pakistan that shuttled mujahideen to Chechnya, although he did not use Harkat's name. This led the United States to accuse Harkat of "assisting terrorists, including the September 11 hijackers".Library of Congress, Federal Research Division. "Asian Criminal and Terrorist Activity in Canada", July 2003
On March 22, 2005, Federal Court judge Eleanor Dawson ruled that the security certificate binding Harkat was reasonable. On December 30 of that year, a federal court judge dismissed Harkat's application for release.CBC, "Court refuses to order Harkat's release", December 30, 2005 In April 2006, he was moved, along with the other four detainees, to a section at the Millhaven Institution specifically built for those held under security certificates.
Release and subsequent court proceedings On May 23, 2006, Harkat was released on a $100,000 bail by Justice Dawson. The release conditions stipulated that he be in the company of his wife, Sophie Harkat, or mother-in-law, Pierrette Brunette, at all times. Additionally, Harkat was required to wear a tracking bracelet and was prohibited from using electronic means of communication. Any trips outside of his house were to be approved by the Canada Border Services Agency (CBSA) 48 hours in advance. The CBSA were also allowed constant access to his house, were required to approve any visitors to the house, and had two agents accompany him on any outings.CBC, "The CSIS case against Mohamed Harka"t, CBC, July 17, 2006
On June 13–14, 2006, the Supreme Court of Canada heard the case of Harkat v. Canada on the constitutionality of security certificates. On December 22, Harkat's lawyer, Paul Copeland, announced that Federal Court Chief Justice Allan Lutfy would grant a judicial review of the original deportation order in Federal Court.CBC, "Harkat Deportation , December 22, 2006
The Canada Border Services Agency added six full-time positions for surveillance agents to follow Harkat at all times, at an annual cost of $868,700, as well as purchasing a new $31,000 car for the tailing, and spent $5,000 monthly to have staff monitoring Harkat's tracking bracelet.
On January 29, 2008, CBSA agents entered Harkat's home while he was showering, and placed him under arrest. They cited a breach of bail conditions, since his mother-in-law had not stayed at the house for several days following an argument with her husband.Radio Canada, "Mohamed Harkat arrêté", Radio Canada, January 30, 2008 He was released after being questioned about the matter.