OTTAWA - A hunger-striker accused of terrorist links has once again been ordered freed from prison under strict conditions.
In a decision released Monday, Federal Court Justice Edmond Blanchard said Mohamed Zeki Mahjoub can leave a holding centre at Bath, Ont. -- as long as he wears a monitoring bracelet and honours other restrictions.
Last month, Mahjoub said he had lost more than 50 pounds during a fast that began in June to protest his jail conditions. He was transferred last week to a hospital near Kingston due to concerns about his failing health.
The government is trying to deport Mahjoub, 50, using a national security certificate, claiming he was a high-ranking member of an Egyptian Islamic terrorist organization.
The Egyptian-born man came to Canada in 1995 and was found to be a refugee. He was arrested in June 2000.
Mahjoub, married with three children, was released under conditions amounting to house arrest in April 2007. However, he asked to return to prison after family supervising him said they could no longer deal with onerous conditions imposed by the court.
National security certificates are rarely used immigration tools for deporting non-Canadians considered a risk to the country.
During a review of Mahjoub's detention at Bath, the government argued Mahjoub might try to initiate contact with Islamic radicals if his jail conditions were relaxed.
It relied on the Canadian Security Intelligence Service's position that people involved in terrorism can never be reformed: once a terrorist, always a terrorist.
On cross-examination, however, a CSIS witness acknowledged there were rehabilitation programs for extremists in other countries.
Blanchard noted Mahjoub "has repeatedly eschewed Islamic extremism and the use of violence."
In his decision, the judge said the passage of time has reduced any danger.
"I am satisfied that, after nearly 10 years of detention and release under conditions, Mr. Mahjoub's ability to communicate with persons in the Islamic extremist networks has been disrupted."
Three other men -- Mohamed Harkat, Hassan Almrei and Mahmoud Jaballah -- also face removal from Canada under certificates.
Courts have gradually loosened the shackles on certificate detainees, leaving Mahjoub the lone inmate at the Bath centre.
Under 13 pages of conditions set out by the court, he must wear an electronic ankle bracelet that allows Canada Border Services Agency personnel to monitor him at all times.
Mahjoub's new residence, to be pre-approved by authorities, will be monitored by surveillance cameras, and his outings, visitors and personal contacts will be closely regulated.
He will not be allowed to use the Internet, his phone calls and mail will be intercepted, and his passport will remain in the hands of federal officials.
