The Supreme Court of Canada has upheld the national security certificate against terror suspect Mohamed Harkat, rejecting his constitutional challenge.
The top court decision released Wednesdays says the legal process used to detain the Ottawa resident for years was fair and reasonable.
The decision means the government can move to deport Harkat, who has argued he faces torture or even death if he returns to Algeria.
Mohamed Harkat and his wife Sophie arrive at the Supreme Court of Canada Thursday October 10, 2013 in Ottawa. Harkat challenged the constitutionality of the security certificate provisions in the Immigration and Refugee Protection Act. (Adrian Wyld/Canadian Press)
Harkat, born in Algeria, came to Canada in 1995 and was granted refugee status in 1997. He married a Canadian citizen, Sophie Lamarche, who has become an advocate for his cause.
Harkat was arrested in 2002 and accused of being an al-Qaeda sleeper agent. He spent four years in custody, and seven more years under house arrest.
Harkat was detained without a trial under the provisions of a security certificate.
Security certificates have been in place since the 1970s, but after the Sept. 11, 2001, attacks, the government beefed them up, using them to detain or deport non-citizens or foreign nationals on suspicion of being involved with terrorism.
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