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Harkat ruling shows security certificates still wrong

'The inability of an accused to challenge and question the evidence held against them is an affront to the fundamental principles of justice.' - NUPGE president James Clancy.

James Clancy, president of the National Union of Public and General Employees (NUPGE)Ottawa (14 Dec. 2010) - The decision of the Federal Court of Canada in the Mohamed Harkat case fails to justify the morality of using security certificates that allow the government to try individuals in secret without accused persons knowing all of the evidence against them, says the National Union of Public and General Employees (NUPGE).

James Clancy, president of the 340,000-member union, sent a letter on Dec. 10 – International Human Rights Day – to Mohamed Harkat and his wife, Sophie, following the decision by Federal Court Justice Simon Noel last week.

The judge determined that there were reasonable grounds to believe that Harkat is a security threat and to uphold the security certificate process being used by the Harper government to remove him from Canada.

Some of the evidence presented in the case was kept secret not only from the public but from Harkat and his legal counsel.

"It deeply saddens me that we spend yet another December 10th with Canada's justice system still conducting secret trials," Clancy said in his letter.

"It also saddens me that Mohamed must continue to fight for a fair and open hearing in a Canadian court. I can only imagine the impact that this decision has had on you both. I do know that you will remain strong and dedicated to seeing justice finally done," he wrote.

"I want to assure you that despite the recent Federal Court decision declaring the 'reasonableness' of the security certificate against Mohamed, NUPGE remains in opposition to secret trials in Canada. The inability of an accused to challenge and question the evidence held against them is an affront to the fundamental principles of justice that my union holds dear," Clancy said.

"I believe that the current law will be found as unconstitutional as its predecessor was. As in the past, the National Union remains committed to seeing justice done for Mohamed Harkat."

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE