OTTAWA — A terrorism suspect is waging a brand new courtroom battle towards the federal authorities for data he says he must mount a full argument towards deportation to his native Egypt and attainable torture.
It’s simply the most recent twist in Mohamed Mahjoub’s two-decade authorized odyssey.
The federal government is making an attempt to take away Mahjoub, 60, utilizing a nationwide safety certificates, claiming he was a high-ranking member of a terrorist group.
Safety certificates are hardly ever used federal instruments for eradicating overseas nationals suspected of hyperlinks to terrorist exercise or espionage.
Mahjoub, married with three youngsters, got here to Canada in 1995 and attained refugee standing.
He as soon as labored as deputy common supervisor of a farm venture in Sudan run by Osama bin Laden, who would later spearhead the Sept. 11, 2001, assaults on the USA.
Mahjoub was arrested beneath a safety certificates in June 2000 after being interviewed by Canada’s spy company on six events between August 1997 and March 1999. Every time, he denied any involvement in extremism.
The Supreme Court docket of Canada struck down the certificates regime as unconstitutional, however the authorities revamped the method and issued a brand new certificates towards Mahjoub in 2009. It has subsequently been affirmed by the courts.
In January, federal officers gave Mahjoub the outcomes of two assessments – one inspecting the character and severity of his acts, the opposite trying on the dangers he would possibly face upon elimination from Canada.
A delegated authorities official will overview the assessments in deciding whether or not Mahjoub ought to be deported.
However earlier than that occurs, Mahjoub needs to see all the knowledge underpinning the assessments.
Final month the Canada Border Companies Company informed Mahjoub and his legal professionals it might not disclose “any of the requested paperwork or present any additional data,” says his current submitting within the Federal Court docket of Canada.
The knowledge is vital as a result of, if deported, Mahjoub can be despatched to Egypt, “a rustic the place he’s prone to face persecution, torture and attainable demise,” the submitting says.
The severity of the potential penalties imply Mahjoub is entitled to see “all related data,” whether or not the federal government intends to depend on it or not, given the ideas of pure justice and procedural equity, his submission says.
As well as, the Constitution of Rights and Freedoms requires the federal government to reveal any data associated to proceedings which have probably extreme results on Mahjoub’s life, liberty and safety, it provides.
Mahjoub needs the courtroom to ban the immigration minister and his delegate from issuing an opinion on his deportation till the knowledge has been disclosed and he has had an opportunity to make submissions on it.
The federal government has but to file a response to Mahjoub’s arguments.