Whose Rights, Anyway? Justice for Mohamed Harkat

By Anice Wong

Protecting one’s country from terrorism has never been as much of a concern as it is today. Yet in the name of “national security,” the Canadian government has violated fundamental human rights and has gone against its own democratic beliefs.

Did you know that Canada arrests refugees and immigrants without charge or bail? Did you know that Canada detains refugees and immigrants for an indefinite amount of time under allegations that they might possibly be—in the past, present, or future—related to acts of terrorism? And did you know that Canada deports refugees and immigrants back to their country of origin despite knowing that the deportees risk being tortured or killed?

As I illustrate in my documentary, “Whose Rights, Anyway? Justice for Mohamed,” Canada, a country known worldwide for its support for human rights, is presently treating Mohamed Harkat, a refugee from Algeria, in a manner which goes against Canadian democracy; he is guilty until proven innocent.

The short film revolves around the security certificate case of Harkat as told by his Canadian wife, his lawyer, and an activist. The documentary speaks of the initial arrest and how his fundamental human rights have since been violated. It also deals with the racism felt by the Arab and Muslim community since the events of September 11, 2001, and how it is against this backdrop that the Canadian government is allowing itself to limit certain rights in the name of “national security.”

Harkat has been detained in a provincial jail in Ottawa since December 10, 2002 (Human Rights Day, ironically). He was arrested under a security certificate, a provision of the Immigration and Refugee Protection Act, which allows for his detention not on solid evidence, but solely on assumptions suggesting that he may be linked to terrorism. No charges have been laid. Furthermore, the government of Canada has withheld all evidence it has from him and his lawyer, making it next to impossible for them to defend themselves in court. Not only that, but the judge simply has to decide if the basis of the evidence secretly provided by CSIS (Canadian Security Intelligence Service) has potential to be true. Canada will also, if the security certificate is upheld, deport Harkat back to his home country despite knowing that his life will be in danger. Based on past security certificate cases, Harkat only has a 3% chance of having his abolished. There is no chance to appeal.

National security has been the priority for numerous countries after the events of September 11, 2001. Countries such as Canada are introducing new campaigns to prevent “evil doers” from committing violent acts in their countries. However, valid concerns for security don’t cancel out fundamental human rights and long-held principles of due process.

For more on the Mohamed Harkat case, visit:

Justice for Mohamed Harkat

Justice for Mohamed Harkat and an End to the Security Certificate

Anice Wong’s documentary, “Whose Rights, Anyway? Justice for Mohamed,” is being screened at the Launch Film Festival in Toronto on June 16, 2004.