232808
231186

Canada  

No evidence man a terrorist

No credible evidence exists that an Egyptian man the Canadian government branded a terrorist more than 16 years ago was ever a member of a violent group, engaged in terrorism activities or posed a threat to Canada, a Federal Court judge said Thursday.

In explaining why she had decided a national security certificate against Mahmoud Jaballah was unreasonable, Judge Dolores Hansen said she found numerous problems with evidence from the government and Canada's spy service.

"They have not established that there are reasonable grounds to believe (Jaballah) was, or is, a member of (al-Jihad)," Hansen said in written reasons.

"They have not shown there are reasonable grounds to believe he provided material support to AJ, that he distributed propaganda or other materials, or that he engaged in recruitment on behalf of AJ. Moreover, there is no evidence (he) supported the objectives of global terrorism."

Hansen criticized how the Canadian Security Intelligence Service investigated Jaballah. Shortcomings included a failure to take notes of interviews or misinterpretations of Jaballah's responses made through an interpreter.

The decision in favour of Jaballah, 54, of Toronto, was first reported on Tuesday but the judge's reasons — running to 56 pages — were only published Thursday. Some of her findings are being kept secret to protect national security.

The government first accused Jaballah in 1999 of being a senior member of al-Jihad, a group that advocates violence to establish an Islamic state in Egypt, and is linked to the terrorist organization al-Qaida.

Since then, Ottawa has been trying to deport him as a danger to Canada. Jaballah, a father of six who had arrived in Canada in 1996, spent years in prison, before being released under strict bail conditions.

In support of its arguments, Canada's spy service claimed Jaballah, after his arrival in Canada, disseminated terrorist propaganda, kept contacts with the al-Jihad leadership and members abroad, and had contacts with several Islamic extremists in this country.

Ottawa also relied on an Interpol "Red Notice" regarding outstanding charges in Egypt against Jaballah for being a member of a terrorist organization, and maintained his travel pattern in the Middle East before coming to Canada was "consistent with that of a mujahed extremist."

Hansen rejected all those assertions.

"It cannot be reasonably inferred from (his) presence in Afghanistan at some unidentified time for some unknown duration and his presence in Yemen that he fought in Afghanistan or trained in Yemen or in any way engaged in the activities of a mujahed extremist," the judge wrote.

She also said the existence of charges in Egypt contained in the Interpol notice was in no way proof he had actually done anything.

Government claims that Jaballah exchanged and received extremist propaganda through a post office mail box in Toronto also didn't fly with the judge. For one thing, Hansen said, the evidence suggested there were multiple users of the mail box.

In any event, she said, simple receipt of extremist materials does not by itself amount to providing material support to a terrorist group.

Even if he was at one point associated with people who were, or went on to become, involved in global terrorism, Hansen said, that cannot be seen as proof Jaballah poses a danger to Canadian security, especially given the dearth of evidence that these associations were "operational" in nature or that the individuals had any access to Canada.

She also rejected Ottawa's contention that Jaballah was planning to set up a terror cell in this country.

Jaballah has said he was jailed without charge and tortured on several occasions in Egypt. He has staved off deportation to Egypt on the basis he would likely be tortured there.



More Canada News