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Great White North
Top court wonÂ’t hear alleged terroristÂ’s appeal
2007-04-06
OTTAWA — The Supreme Court of Canada has rejected a last appeal to quash terrorism charges against Momin Khawaja. The Thursday decision is a victory for the federal government, as well as the RCMP and Canada’s spy agency, CSIS, as they move to bring Khawaja to trial in the first case under the new terrorism provisions of the Criminal Code. As is usual in such leave-to-appeal cases, the Supreme Court justices gave no reasons for their decision.

ThursdayÂ’s decision comes one day after Khawaja appeared in Federal Court in Ottawa to argue against a law that allows evidence against him to be divulged only in secret. Khawaja has been in an Ottawa jail cell since being arrested by the RCMP in March 2004.

Before his arrest, Khawaja had lived in east-end Ottawa and worked as a computer software operator for the Department of Foreign Affairs. He faces seven charges under new laws which were introduced as part of the 2001 Anti-Terrorism Act. He denies any wrongdoing.

On Wednesday, his lawyer argued that it is impossible for suspects to defend themselves when Canadian law allows government lawyers to meet secretly with judges to decide what evidence should be hidden. A portion of section 38 of the Canada Evidence Act lets government lawyers and judges discuss in private why certain evidence should be withheld from the defence. Lawrence Greenspon argued Wednesday that the process makes it impossible to mount a meaningful defence and is therefore unconstitutional. Government lawyers maintain that disclosing more than 500 documents in the case to the defence could threaten national security as well as agreements with other nations.
Another clear demonstration of the limits of the 'law enforcement' model of fighting terrorism.
Khawaja is scheduled to be tried in May on charges related to his alleged role in a bomb plot against British targets. He was one of nine people taken into custody as part of the British investigation, although his arrest was the only one in Canada. Seven British Muslims who remain in custody in London are accused of conspiring to detonate fertilizer bombs in and around the city in 2004. A London jury is into its third week of deliberations in the case.

Khawaja is formally named as a conspirator in the British case for allegedly making detonating devices at his Ottawa home, although he faces no charges in Britain. On Oct. 24 of last year, an Ontario Superior Court judge struck down a clause of the Anti-terrorism Act related to KhawajaÂ’s case, but said that he should still face trial. Judge Douglas Rutherford and lawyers for both sides in the case have agreed to reconvene April 11 to discuss when KhawajaÂ’s already twice-postponed trial can begin.

Two other legal arguments Khawaja has before the Federal Court of Canada could delay the trial further. However, if the arguments are resolved quickly, the trial could begin May 7 and last up to three months.
Posted by:Steve

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