Restrictions on Freedom Upheld by Federal Court Judge

On May 2003, Adil Charkaoui was imprisoned under a federal security certificate alleging that he was an Al-Qa'ida agent. Charkaoui remained imprisoned until February 2005 when he received a form of bail release with conditions.

The conditions of Charkaoui’s release include: an inability to use the internet or a cell phone; being supervised at work; being accompanied when outside of his home; and wearing a permanent monitoring device on his ankle. The Federal Court Judge opined that these conditions were necessary to neutralize the threat to society that Charkaoui posed. Charkaoui has stated his intention to appeal the decision, which, according to his lawyer, contains errors of law.

Charkaoui asked the court to relieve him of some of those conditions. That application was refused by a judge of the Federal Court of Canada in Charkaoui (Re) on October 10, 2007.

Charkaoui appeared before the Supreme Court of Canada on the specific issue of the constitutionality of security certificates. In Charkaoui v. Canada (Citizenship and Immigration), a decision dated February 23, 2007, the Supreme Court of Canada ruled that security certificates violated sections 7, 9, and 10 of the Charter of Rights and Freedoms.

Sources:

• Jan Ravensbergen, "Monitoring Device to Stay, Judge Rules" The Gazette (October 11, 2007).
• Peter Rakobowchuk, "Quebecer Accused of Terror Links Unhappy Judge Upholds Restrictions" The Canadian Press (October 10, 2007).