The first member of the so-called "Toronto 18" to stand trial has been found guilty in an alleged plot that authorities claim included plans to bomb buildings in the GTA, storm Parliament and behead the prime minister.
The man, now 20 and who can't be named because he was 17 years old at the time of his arrest, pleaded not guilty to charges of participating in a terror group and stealing supplies to aid its goals.
His lawyer tried to paint the alleged plot as nothing more than a mere fantasy, but Ontario Superior Court Justice John Sproat wasn't convinced and handed down a guilty verdict Thursday morning in a Brampton courtroom.
This trial was the first real test of Canada's new anti-terrorism rules put in place after the Sept. 11, 2001 attacks on the United States. In his ruling, Sproat said there was no doubt the young man was an active member of the group and was well aware of its allegedly deadly goals.
"Planning and working toward ultimate goals that appear unattainable or even unrealistic does not militate against a finding that this was a terrorist group," Sproat said.
"I also reject the argument that (the alleged ringleader) was a hapless fanatic who posed no risk."
"It occurred to me hearing the submission that it might well have been said prior to September 11, 2001 , that a plan to kill thousands and destroy landmark buildings in lower Manhattan and Washington had no possibility of implementation."
The young man attended two camps in December 2005 and May 2006 that included military-style training.
Video of one of those alleged terror camps was released online last week by an American group called The Nine-Eleven Finding Answers Foundation. The footage was used as evidence in the trial and the judge denied requests to allow it to be broadcast on television or the Internet.
The young man also stole walkie-talkies and camping gear for the group and was allegedly told by a ringleader that those actions were, in effect, causing damage to the government.
A wide sweeping publication ban is still in place due to the man's young offender status and the pending trials of 10 other suspects, including the alleged ringleaders.
Outside of the courthouse the Crown's star witness, RCMP informant Mubin Shaikh, said he has no regrets about his role in the case.
"Stopping something from happening or even protecting the honour of the Muslims, protecting the honour, the integrity of our country... I would do it again a thousand times," he said.
He also expressed a degree of sympathy for the man he helped convict.
"I don't believe he's a terrorist," he said. "I don't believe he should have been put through what he was put through, but that's our system. He was a naïve young Muslim kid who became Muslim and just fell into the wrong circle of Muslims."
"The threat is real," he added. "And just because bombs haven't gone off doesn't mean that we should be less vigilant."
Sproat described Shaikh as a truthful witness who gave credible evidence.
"The defence did not seriously challenge Mr. Shaikh's credibility," Sproat said.
"I found him to be a truthful and generally reliable witness."
Shaikh, however, has been criticized for his role as a paid police informant who infiltrated the alleged terrorist cell. Now his role will be questioned in court as part of the appeal in the case.
"There's a legal principle that the police shouldn't be committing criminal offences when they're investigating a criminal offence," said lead defence lawyer, Mitchell Chernovsky. "Our position is that Shaikh was in effect an agent of the police and he was the one who was training them with the firearms. That camp doesn't happen unless Shaikh makes it happen."
The so-called "Toronto 18" was arrested in June 2006. Since then, charges have been dropped or stayed against seven of the original suspects.
Although the man was found guilty, the judge agreed to hold off entering a formal conviction until December after the defence filed an abuse of process motion. He could face up to 10 years in prison.
What's In Canada's Anti-Terror Act?
The U.S. wasn't the only country that changed dramatically after September 11, 2001. Canada did, too. Amid allegations that this country was a 'doorway' for terrorists to enter America, the government passed the Anti-Terrorism Act in late December of that year and has since reviewed it twice.
What does this country define as 'terrorism?' Here's a peek at the law:
It divides a terrorist act into two components. One is anything that would be considered a crime under international law, like hijacking a plane or bombing a building.
The other provision involves actions carried out for political, ideological or religious purposes designed to intimidate the public over its physical or economic security. Anything that causes harm, including death, injury or a serious risk to health and safety, is included.
And if you try to disrupt an essential service - like a nuclear facility or a major transit artery - you can be charged, as well.
The law has one big exception - you're allowed to temporarily stop those 'essential services,' provided it's only for protest purposes, as long as you don't cause the kinds of harm mentioned above.
It was put in so that legitimate disruptions - like last April's TTC strike as an example - wouldn't be considered a crime.
It's not against the law to belong to a terrorist group, but there are certain things you can't do if you're a member:
- knowingly participating in, contributing to, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity;
- knowingly facilitating a terrorist activity;
- commission of a serious (i.e. indictable) offence for the benefit of, at the direction of or in association with a terrorist group;
- knowingly instructing anyone to carry out a terrorist activity for a terrorist group; and
- knowingly harbouring or concealing any person who has carried out or is likely to carry out a terrorist activity for the purpose of enabling the person to facilitate or carry out any terrorist activity.
Source: Department of Justice Canada
For more on the ATA and what else it says,
click here.