OTTAWA — In a remarkable role reversal, the federal government has taken up the issue of deportation to torture in the case of a suspected terrorist.

Government lawyer Donald McIntosh urged a judge today to consider the constitutionality of deporting Mahmoud Jaballah to Egypt, given the likelihood he could be tortured or killed. While the issue has been a key one at Jaballah's security certificate hearings, it had only been raised - up to this point - by Jaballah's lawyers.

In March, a request to have the issue addressed was denied by Federal Court Justice Andrew MacKay, who said it was premature to do so because the final decision on deportation hadn't been made.

Today, McIntosh urged MacKay to weigh in on the contentious issue in the event the judge does order Jaballah deported.

McIntosh's submission shocked Jaballah's supporters, who noted the federal government has been trying to deport the suspected terrorist for years.

Even Justice MacKay seemed taken aback, teasingly remarking, "I don't know what's come over you... Mr. McIntosh."

"This is a most unusual afternoon," MacKay added.

Jaballah came to Canada in 1996 and was detained in August 2001 on an unprecedented second security certificate - several months after the courts quashed the first one as unreasonable.

Under the certificate law, Ottawa can decide if a foreign citizen poses a security threat without telling the person why, then detain him or her indefinitely without charge.

If the security certificate is upheld by Justice MacKay, it becomes an immediate deportation order.