Government defends security certificate process in high court submission

OTTAWA – The federal government says suspected terrorists and spies detained under national security certificates do not have a right to full disclosure of information in the case against them.

The federal arguments, filed in advance of a high court hearing next month, are a staunch defence of the controversial security certificate process — a rarely used immigration tactic that critics say is tantamount to a secret trial.

The Supreme Court proceeding will decide just how open the process should be when the government wants to deport a non-citizen who is branded a threat to national security.

The high court agreed last year to hear a challenge of the security certificate system from Algerian refugee Mohamed Harkat.

It will also review key issues related to evidence in the case of Harkat, arrested in Ottawa more than a decade ago under a certificate.

In a submission to the Supreme Court, Harkat’s lawyers argue the process is unconstitutional because it does not provide the person named in a certificate enough information about the allegations they face.