OTTAWA - A native Algerian declared to be a threat to Canadian security was served with formal deportation papers on Friday.
But Mohamed Harkat's lawyers don't expect him to leave the country any time soon.
Harkat's legal team says the former Ottawa gas-station attendant and pizza delivery-man will continue his marathon legal fight against the controversial national security certificate system being used to deport him.
The lawyers hope the government will stay the deportation order so a legal appeal can continue.
"In a country that embraces due process and has a charter of rights, you don't remove people from the country to potential danger when they have an ongoing appeal. It's not going to happen," lawyer Matthew Webber told reporters on Friday.
Webber accompanied Harkat to the Ottawa headquarters of the Canada Border Services Agency so his client could formally receive the deportation order.
Harkat's wife, Sophie, joined them along with more than a dozen supporters brandishing banners that denounced the security certificate system.
Harkat, 42, was arrested eight years ago on suspicion of being an al-Qaida sleeper agent, but he denies any involvement in terrorism.
In December, a federal court judge ruled he was a security threat who maintained ties to Osama bin Laden's terror network.
"It's impossible for me to go on (with) daily life when deportation, all the time, it's hanging on the top of your head," Harkat said Friday.
His lawyers are asking the Federal Court of Appeal to rule on whether the security certificate being used to deport him violates the Charter of Rights and Freedoms.
It is one of several questions they want Judge Simon Noel, who heard the original case, to approve for examination.
In his December ruling, Noel found Harkat's testimony in the certificate case to be incoherent and implausible at times.
"I'm scared. I'm worried. I can't sleep, you know, since I got the decision of Judge Noel," said Harkat.
The lawyers say the evidence Noel consulted in weighing the validity of the certificate remains secret and has never been tested through cross-examination.
The government will reply to their arguments before Noel decides whether to put some, all or none of Harkat's legal questions before the appeal court.
For their part, Harkat's lawyers say they have strong grounds for appeal.
"I'm confident that justice will prevail in this case" said Webber. "I'm confident they'll recognize that no matter what their beliefs about Mr. Harkat -- a man who I completely believe in -- they'll find that even by their own standards their definition of threat has so significantly reduced that he poses no meaningful threat."
Harkat insists he's just a refugee who fled strife-torn Algeria and worked with an aid agency in Pakistan before coming to Canada. He also claims he'll be tortured if he's returned to his homeland.
He remains on bail in Ottawa under strict conditions that require him to wear an electronic monitoring bracelet on his ankle.
An Ottawa man declared a threat to Canadian security expects to be served with formal deportation papers Friday, but his lawyers don't expect him to be leaving the country any time soon.
Mohamed Harkat's legal team says the former gas station attendant and pizza delivery man will continue his marathon legal fight against the controversial national security certificate system being used to deport him to his native Algeria.
"While they may be serving the paperwork, we fully expect and are confident the Canadian government respects due process," lawyer Matthew Webber told The Canadian Press.
"He's not going anywhere or being deported until we finish appealing the matter."
Co-counsel Norm Boxall said he hopes the government will stay the deportation order so Harkat's legal appeal can continue.
Harkat was arrested eight years ago under a security certificate on suspicion of being an al Qaeda sleeper agent. In December, a federal court ruled he was a security threat who maintained ties to Osama bin Laden's terror network.
Harkat, 42, denies any involvement in terrorism.
His wife Sophie says the formal deportation order is expected after a call from the Canadian Border Services Agency told Harkat he would be served with papers Friday.
She calls the serving of the papers "pure harassment," particularly because it comes just as Harkat is trying to appeal various aspects of the case against him.
Harkat's lawyers are asking the Federal Court of Appeal to rule on whether the security certificate being used to deport him violates the Charter of Rights and Freedoms.
It is one of several questions they're asking Judge Simon Noel, who heard the original case, to approve for examination.
In his December ruling, Noel found Harkat's testimony in the certificate case to be incoherent and implausible at times.
But Harkat's lawyers have said the evidence Noel consulted in weighing the validity of the certificate against Harkat remains secret and has never been tested through cross-examination.
The government will reply to their arguments before Noel decides whether to put some, all or none of the questions from Harkat's legal team before the Federal Court of Appeal.
For their part, Harkat's lawyers say they believe their case has "strong grounds" for appeal.
Harkat insists he's just a refugee who fled strife-torn Algeria and worked with an aid agency in Pakistan before coming to Canada. He also claims he'll be tortured if he's returned to his homeland.
He remains on bail in Ottawa under strict conditions that require him to wear an electronic monitoring bracelet on his ankle.
Harkat's wife says he is "worried sick" about his life and his future.
"Six weeks ago we were devastated and now we're in the same boat," she said.
"I'm outraged that this process is still ongoing. We thought we were going to start our new lives in December, but I'm continuing to work on this case ... I'm working all the time on this case."
