A Federal Court judge ruled search violated Mohamed Harkat's rights.

By Joanna Smith

OTTAWA – A sweeping search through the home of a suspected terrorist – including a drawer full of underwear belonging to his wife – violated the man’s constitutional right to privacy, a Federal Court judge ruled yesterday.

Justice Simon Noël ordered the Canada Border Services Agency to return everything it seized during the seven-hour raid on the Ottawa home of 40-year-old Mohamed Harkat on May 12.

“The breach of Mr. Harkat’s Charter rights was significant,” Noël wrote in yesterday’s ruling. “Mr. Harkat may have a diminished expectation of privacy, but that does not give the state a ‘carte blanche’ to unreasonably intrude on what privacy is left to him.”

A spokesperson for Public Safety Minister Peter Van Loan said the government would review the decision carefully.

Sophie Harkat, 34, said she has felt like a different person since the day of the search.

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Tags: CBSA, Charter of Rights and Freedoms, Harkat, Peter Van Loan, Privacy

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