Cases

SCC Case Information

Summary

34103

Mohammad Momin Khawaja v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Keywords

Canadian charter - criminal - Extradition.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.

Canadian Charter of Rights and Freedoms — Criminal Law — Terrorism offences — Elements of offence — The constitutionality of the definition of “terrorist activity” as defined in section 83.01(1)(b)(i)(A) of the Criminal Code — Methods and sufficiency of proof of international terrorism crimes prosecuted under the Criminal Code — The principles of sentencing as applied to terrorism crimes

The applicant was convicted of building a detonator to cause a deadly explosion (a lesser included offence of wanting to cause an explosion at the behest of a terrorist group, keeping a deadly explosive substance (a lesser included offence of possessing an explosive substance with the intent of enabling a terrorist group to endanger others, participating in a terrorist group (a group based in London, England that plotted to bomb targets in Europe and the United Kingdom), instructing a person to finance terrorism, making available property to terrorists, contributing to a terrorist group and facilitating terrorism. In pre trial proceedings, the trial judge held that s. 83.01(1)(b)(i)(A) of the Criminal Code is unconstitutional and he severed it from the balance of s. 83.01. He otherwise dismissed constitutional challenges to terrorism provisions of the Criminal Code.