Article content continued
But CBSA officials were locked out of his account, and it took them two months to sort out what was wrong: One letter of Harkat’s password had been changed from uppercase to lowercase.
Roussel found the password change constituted a breach of Harkat’s strict bail conditions since he could have done more to uncover the problem. “The existence of the breach,” she said, “raises issues of trustworthiness and credibility, both of which are essential considerations in reviewing the appropriateness of the terms and conditions of release.”
The judge ordered Harkat to give the CBSA the make and model of any cellphone he uses at work, and to ask his employer to report any unauthorized use of the phone to the agency. She also ordered him to provide the CBSA with the password to any social media accounts he creates.
Meanwhile, Harkat won the right to a personal mobile phone provided that it can be regularly inspected by the CBSA, and an easing of reporting conditions to make it easer for him to travel in Quebec and Ontario.
“Although the danger associated with Mr. Harkat has diminished over time and is situated at the lower end of the spectrum,” Roussel said, “conditions continue to be necessary to neutralize this danger.”