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Security Certificates

• Only apply to immigrants, not citizens
• No charges are laid; only general allegations of potential danger, often based on profile and association
• Federal Court has ruled that presumption of innocence does not apply
• Evidence is secret - it is not disclosed to the person arrested nor his lawyer
• Evidence obtained under torture is supposed to be excluded; in practice, CSIS admitted in 2008 that all current cases would fall apart without recourse to evidence likely resulting from torture
• Standard of proof is "reasonable grounds to believe" - far lower than in criminal courts
• Any information is accepted as evidence; including hearsay, newspaper clippings, unsourced intelligence, etc.
• Until 2008, CSIS systematically destroyed evidence (all current cases predate 2008)
• In practice, people arrested under security certificates are subject to indefinite detention
• If upheld, a security certificate results in deportation, even if there is an acknowledged risk of death or torture

Currently, three men are being held under security certificates: Mohammad Mahjoub (since 2000), Mahmoud Jaballah (since 2001), and Mohamed Harkat (since 2003). In 2009, security certificates against Adil Charkaoui and against Hassan Almrei were thrown out; both are now suing the government.