Terrorism cases Friday

Notice of Release of Judgments:

R. v. Mohammad Momin Khawaja
R. v. Piratheepan Nadarajah
R. v. Suresh Sriskandarajah
R. v. Saad Khalid
R. v. Saad Gaya
R. v. Zakaria Amara

The judgments of the Court of Appeal for Ontario in the above matters will be released on Friday December 17, 2010 at 10:55 a.m. in the Court of Appeal office. An electronic version of the judgments will be posted on this website at the same time.

A brief summary of the issues in these appeals is as follows:

R. v. Khawaja (C50298/C50299)

In R. v. Khawaja, the court will address the appeal of Mohammad Khawaja from the convictions entered against him by the trial judge, sitting without a jury in Ottawa, on multiple counts of terrorism offences under Part II.1 of the Criminal Code, R.S.C. 1985, c. C-46. The court will also address the constitutionality of the definition of "terrorist activity" in s. 83.01(1)(b) of the Criminal Code. Finally, the court will address the appellant's application for leave to appeal from the consecutive sentences imposed on him by the trial judge, totalling 10 ˝ years' imprisonment, as well as the application by the federal Crown for leave to cross-appeal sentence.

R. v. Nadarajah (C50139/C51418) and R. v. Sriskandarajah (C50140/C51419)

The appellants in these extradition cases, Piratheepan Nadarajah and Suresh Sriskandarajah, are wanted in the United States to stand trial on terrorism charges for their alleged role in assisting the Liberation Tigers of Tamil Eelam. The court will address their appeal from the committal orders entered against them by a judge of the Superior Court of Justice in Toronto, pursuant to the Extradition Act, S.C. 1999, c. 18, and their application for judicial review of the Minister of Justice's orders requiring them to surrender to the United States. The court will also consider the appellants' argument that the statutory definition of "terrorist activity" in s. 83.01(1)(b) of the Criminal Code and its operation throughout the terrorism provisions of the Criminal Code, and in particular, s. 83.18, is unconstitutional.

R. v. Amara (C52036), R. v. Khalid (C51062) and R. v. Gaya (C51656)

These appeals are from the sentences imposed following guilty pleas in the Superior Court of Justice in Brampton that were entered by the three accused to terrorism offences under Part II.1 of the Criminal Code. Zakaria Amara admitted to being the leader and chief organizer of a plot to detonate bombs in downtown Toronto and at an unspecified military base east of Toronto. Saad Khalid and Saad Gaya admitted to being participants in this plot. Amara seeks leave to appeal from the life sentence imposed on him by the sentencing judge. The federal Crown seeks leave to appeal from the 7-year sentence imposed on Khalid and the 4 ˝-year sentence imposed on Gaya.