The federal government will appeal the decision to release Mohamed Harkat on bail. Harkat had been held in jail on a security certificate since his arrest in December 2002.
Mohamad Harkat (Canadian Press file)
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Last week, a federal court ordered Harkat released. He had been held because of alleged ties to al-Qaeda.
Federal Court Justice Eleanor Dawson ruled on that if Harkat agreed to strict conditions, he could be released from prison under a $35,000 bond.
The Canadian Security Intelligence Service [CSIS] has accused him of being an al-Qaeda "sleeper agent." CSIS alleges that Harkat trained under Osama bin Laden's top lieutenants in Afghanistan.
Harkat is one of several men who were detained under the security certificates, which sparked a nationwide controversy because they allow the federal government to hold people suspected of posing a threat to national security indefinitely without charge.
Harkat's lawyers had asked the Federal Court to order Harkat released from prison while he waits for officials to determine whether he will be deported from Canada. Harkat arrived in Toronto in 1995 from Malaysia, using a fake Saudi passport.
He applied for refugee status claiming a fear of persecution by the Algerian government. He moved to Ottawa, married and worked most recently delivering pizzas and pumping gas. His refugee status was granted in February 1997 and he applied for permanent residence the next month.
The Federal Court of Canada was guided in its ruling by a decision in 2005 to temporarily release another man also held on a security certificate.
Adil Charkaoui, who was born in Morocco, spent two years in custody before he was released with strict conditions.
Harkat and Charkaoui are both among cases to be considered in June, when the Supreme Court of Canada is to make a ruling on whether the security certificate process is constitutionally valid.