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Supreme Court hears appeal from Momin Khawaja, first person convicted under Canada’s anti-terror law
The Canadian Press Jun 11, 2012 – 1:51 PM ET
Momin Khawaja is transported from the Ottawa courthouse following a day of hearings in this July 22, 2008 file photo.
OTTAWA — The Supreme Court of Canada is hearing an appeal from the first person convicted under the country’s anti-terror law.
Momin Khawaja, a former Ottawa software developer, is serving life in prison with no parole eligibility for 10 years.
He was convicted in 2008 of training at a remote camp in Pakistan, providing cash to a group of British extremists and offences related to building a remote-control detonator.
Khawaja’s appeal is focused on the legal definition of what constitutes “terrorist activity.”
His lawyer argues that the law is unconstitutional because it violates his right to express political and religious views.
Lawyer Lawrence Greenspon said the so-called motive clause on the law “will have a chilling effect” on free speech rights.
But Justice Department lawyer Croft Michaelson said there has been no evidence produced on that point.
He also argued that the free speech protections offered under the Charter of Rights and Freedoms are not absolute and do not extend to protecting violence or threats of violence.
The charter guarantees are to “promote and foster dialogue not provide individuals with the means to coerce and intimidate others,” Michaelson said.
The high court is also hearing another terrorism case in conjunction with Khawaja’s, involving two men wanted in the United States on charges relating to the banned Tamil Tigers organization.
Canada’s terrorism law was enacted two months after the 9-11 al-Qaeda attacks on the United States.
It was later amended to include a controversial section that requires prosecutors to prove terrorist conduct was performed for political, religious or ideological reasons.
Khawaja was originally sentenced to 10 1/2 years in prison after his conviction in 2008.
At his trial, Justice Douglas Rutherford ruled that the motive provision was unconstitutional, but still ordered the trial to proceed.
The Ontario Court of Appeal overturned Rutherford’s constitutional ruling, and increased Khawaja’s sentence to life in prison.
The second terror case before the Supreme Court deals with Suresh Sriskandarajah and Piratheepan Nadarajah, who are wanted in the United States on charges relating to the Tamil Tigers.
The two are challenging their extradition to the U.S., where prosecutors allege they tried to purchase $1-million worth of guns and rockets for the Tigers.
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