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595 an Empirical Study of Terrorism Prosecutions in Canada
EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA 595 AN EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA: ELUCIDATING THE ELEMENTS OF THE OFFENCES MICHAEL NESBITT* AND DANA HAGG** It has now been over 15 years since Canada enacted the Anti-Terrorism Act, codifying what we think of today as Canada’s anti-terrorism criminal laws. The authors set out to canvass how these provisions have been judicially interpreted since their inception through an empirical analysis of court decisions. After exploring how courts have settled initial concerns about these provisions with respect to religious and expressive freedoms, the authors suggest that courts’ interpretations of Canada’s terrorism offences still leave us with many questions, particularly with respect to the facilitation and financing offences. The authors explore these questions and speculate about future challenges that may or may not be successful with the hopes of providing guidance to prosecutors and defence lawyers working in this area. TABLE OF CONTENTS I. INTRODUCTION ............................................. 595 II. TERRORISM PROSECUTIONS TO DATE ............................ 599 III. JUDICIAL INTERPRETATIONS OF THE ELEMENTS OF TERRORISM OFFENCES .................................... 608 A. DEFINITIONS (SECTION 83.01)............................. 608 B. OFFENCES ............................................ 620 IV. CONCLUSIONS AND FUTURE CONSIDERATIONS ....................... 647 I. INTRODUCTION It has now been over 15 years since Canada expeditiously enacted the Anti-Terrorism -
How Anwar Al-Awlaki Became the Face of Western Jihad
As American as Apple Pie: How Anwar al-Awlaki Became the Face of Western Jihad Alexander Meleagrou-Hitchens Foreword by Lord Carlile of Berriew QC A policy report published by the International Centre for the Study of Radicalisation and Political Violence (ICSR) ABOUT ICSR The International Centre for the Study of Radicalisation and Political Violence (ICSR) is a unique partnership in which King’s College London, the University of Pennsylvania, the Interdisciplinary Center Herzliya (Israel), the Regional Center for Conflict Prevention Amman (Jordan) and Georgetown University are equal stakeholders. The aim and mission of ICSR is to bring together knowledge and leadership to counter the growth of radicalisation and political violence. For more information, please visit www.icsr.info. CONTACT DETAILS For questions, queries and additional copies of this report, please contact: ICSR King’s College London 138 –142 Strand London WC2R 1HH United Kingdom T. +44 (0)20 7848 2065 F. +44 (0)20 7848 2748 E. [email protected] Like all other ICSR publications, this report can be downloaded free of charge from the ICSR website at www.icsr.info. © ICSR 2011 AUTHOR’S NOTE This report contains many quotes from audio lectures as well as online forums and emails. All of these have been reproduced in their original syntax, including all spelling and grammatical errors. Contents Foreword 2 Letter of Support from START 3 Glossary of Terms 4 Executive Summary 6 Chapter 1 Introduction 9 Chapter 2 Methodology and Key Concepts 13 Social Movement Theory 13 Framing and -
2020 Canliidocs 495 I
EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA 595 AN EMPIRICAL STUDY OF TERRORISM PROSECUTIONS IN CANADA: ELUCIDATING THE ELEMENTS OF THE OFFENCES MICHAEL NESBITT* AND DANA HAGG** It has now been over 15 years since Canada enacted the Anti-Terrorism Act, codifying what we think of today as Canada’s anti-terrorism criminal laws. The authors set out to canvass how these provisions have been judicially interpreted since their inception through an empirical analysis of court decisions. After exploring how courts have settled initial concerns about these provisions with respect to religious and expressive freedoms, the authors suggest that courts’ interpretations of Canada’s terrorism offences still leave us with many questions, particularly with respect to the facilitation and financing offences. The authors explore these questions and speculate about future challenges that may or may not be successful with the hopes of providing guidance to prosecutors and defence lawyers working in this area. TABLE OF CONTENTS 2020 CanLIIDocs 495 I. INTRODUCTION ............................................. 595 II. TERRORISM PROSECUTIONS TO DATE ............................ 599 III. JUDICIAL INTERPRETATIONS OF THE ELEMENTS OF TERRORISM OFFENCES .................................... 608 A. DEFINITIONS (SECTION 83.01)............................. 608 B. OFFENCES ............................................ 620 IV. CONCLUSIONS AND FUTURE CONSIDERATIONS ....................... 647 I. INTRODUCTION It has now been over 15 years since Canada expeditiously -
Violent Radicalization Jamie Bartlett a & Carl Miller a a Violence and Extremism Programme , Demos, London, UK Published Online: 06 Dec 2011
This article was downloaded by: [UVA Universiteitsbibliotheek SZ] On: 16 March 2015, At: 07:25 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Terrorism and Political Violence Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/ftpv20 The Edge of Violence: Towards Telling the Difference Between Violent and Non- Violent Radicalization Jamie Bartlett a & Carl Miller a a Violence and Extremism Programme , Demos, London, UK Published online: 06 Dec 2011. To cite this article: Jamie Bartlett & Carl Miller (2012) The Edge of Violence: Towards Telling the Difference Between Violent and Non-Violent Radicalization, Terrorism and Political Violence, 24:1, 1-21, DOI: 10.1080/09546553.2011.594923 To link to this article: http://dx.doi.org/10.1080/09546553.2011.594923 PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. -
CTC Sentinel Vol 2, Issue 12
DECEMBER 2009 . VOL 2 . ISSUE 12 COMBATING TERRORISM CENTER AT WEST POINT CTC SEntinEL OBJECTIVE . RELEVANT . RIGOROUS Contents The Danger of Prison FEATURE ARTICLE Radicalization in the West 1 The Danger of Prison Radicalization in By James Brandon the West By James Brandon REPORTS 5 LIFG Revisions Posing Critical Challenge to Al-Qa`ida By Paul Cruickshank 8 Assessing the Progress of Pakistan’s South Waziristan Offensive By Rahimullah Yusufzai 12 The Internet and its Role in Terrorist Recruitment and Operational Planning By Sajjan M. Gohel 16 Prisons in Iraq: A New Generation of Jihadists? By Myriam Benraad 18 Developing Regional Counterterrorism Cooperation in South Asia By Alistair Millar 21 Singapore’s Approach to Counterterrorism By Gavin Chua Hearn Yuit ince sayyid qutb wrote Milestones consequently more terrorist convictions) 24 Recent Highlights in Terrorist Activity Along the Road in an Egyptian than any other Western country. 28 CTC Sentinel Staff & Contacts prison almost 50 years ago, Extremists whose paths toward terrorism prisons have become widely began in European or U.S. prisons include Srecognized as important incubators of numerous high-profile terrorists. In the jihadist thought.1 In Muslim-majority United Kingdom, they include Richard countries, a number of prominent Reid, the 2001 “shoe-bomber,” and jihadists were radicalized, at least in Muktar Ibrahim, the leader of the July part, in prison, including Ayman al- 21, 2005 London bomb plot.2 In France, Zawahiri and Abu Mus`ab al-Zarqawi. Safe Bourada, an Algerian originally -
Borderless World, Boundless Threat:Online Jihadists and Modern
BORDERLESS WORLD, BOUNDLESS THREAT: ONLINE JIHADISTS AND MODERN TERRORISM A Thesis submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Master of Arts in Security Studies By Spencer O. Hayne, B.A. Washington, DC November 19, 2010 Copyright © 2010 by Spencer O. Hayne All Rights Reserved ii BORDERLESS WORLD, BOUNDLESS THREAT: ONLINE JIHADISTS AND MODERN TERRORISM Spencer O. Hayne, B.A. Thesis Advisor: Justine A. Rosenthal, Ph.D. ABSTRACT The online jihadist community represents a new phenomenon in the global spread of Islamic radicalism. Many terrorism experts largely ignore the fact that the Internet is more than just a tool for established terrorist organizations—it can be a platform for the evolution of the jihadist social movement itself. While the majority of this movement’s members are casual supporters of a global Islamist jihad against the West, a number of the community’s members have already proven willing to take their virtual beliefs into the real world through terrorist acts. Many of these terrorists have attracted significant media attention—Jihad Jane, the Christmas Day Bomber, the Fort Hood Shooter, the attack on CIA agents in Afghanistan, the Times Square Bomber, and a number of other “homegrown” terrorists. The individuals perpetrating these terrorist acts are as diverse as they are dangerous, presenting a significant challenge to counterterrorism officials and policymakers. This study profiles 20 recent cases of online jihadists who have made the transition to real-world terrorism along a number of characteristics: age, ethnicity, immigration status, education, religious upbringing, socio-economic class, openness about beliefs, suicidal tendencies, rhetoric focus, location, target, terrorist action, offline and online activity, and social isolation or the presence of an identity crisis. -
The Toronto 18
The Toronto 18 Official account On June 2, 2006, Canadian counter-terrorism forces raided homes in and around the Greater Toronto Area resulting in the arrest of 15 people,1 which with the addition of three others detained earlier or later, comprised what became the “Toronto 18”. The large majority of the detainees were in their early twenties or in their late teens, all of them Muslim men. Their names were as follows (in descending age sequence): Abdul Qayyum Jamal, 01-Apr-63 Pakistan/Canada Shareef Abdelhaleem (Abdelhaleen), 01-Jan-76 Egypt/Canada Steven Chand aka Abdoul Shakur, 02-Mar-81 Canada/Canada Yasin Abdi Mohamed, 06-Nov-81 Ethiopia/Canada Jahmaal I. Francis aka Jahmaal James, 16-Apr-83 Canada/Canada Ali Dirie, 10-Aug-83 Somalia/Canada Fahim Ahmad, 10-Aug-84 Afghanistan/Canada Ahmad Ghany, 27-Sep-84 Canada/Canada Asad Waqar Ansari, 08-Mar-85 Pakistan/Pakistan Zakaria Amara, 18-Aug-85 Jordan/Canada Amin Durrani, 17-Jun-86 Pakistan/Canada Saad Khalid, 12-Aug-86 Saudi Arabia/Canada Ibrahim Alkhale Aboud, 15-Sep-86 Iraq/unknown Saad Gaya, 17-Nov-87 Canada/Canada Nishanthan Yogakrishnan, 12-Jan-88 Sri Lanka/Canada Zakir Ahmed Mohiuddin, 19-Jan-88 Saudi Arabia/unknown (Source: Wikileaks) Suhaib Asrar Mohammad, 22-Nov-88 UAE/UAE (Source: Wikileaks) Nikhil Kirtikumar Sarhad, 04-Jul-90 Malaysia/unknown (Source: Wikileaks) The men were suspected of planning a large-scale terrorist attack in southern Ontario that included the detonation of truck bombs at least three locations, and opening fire in a crowded area. They also were accused of planning to storm various buildings such as the Canadian Broadcasting Centre and the Canadian Parliament building, and take hostages. -
PRISM::Advent3b2 17.25
House of Commons Debates VOLUME 148 Ï NUMBER 030 Ï 1st SESSION Ï 42nd PARLIAMENT OFFICIAL REPORT (HANSARD) Thursday, March 10, 2016 Speaker: The Honourable Geoff Regan CONTENTS (Table of Contents appears at back of this issue.) 1671 HOUSE OF COMMONS Thursday, March 10, 2016 The House met at 10 a.m. Ï (1005) [English] Prayer BAN ON SHARK FIN IMPORTATION ACT Mr. Fin Donnelly (Port Moody—Coquitlam, NDP) moved for leave to introduce Bill C-251, An act to amend the Fisheries Act and ROUTINE PROCEEDINGS the Wild Animal and Plant Protection and Regulation of Interna- tional and Interprovincial Trade Act (importation of shark fins). Ï (1000) [English] He said: Mr. Speaker, I rise today to introduce Bill C-251, An act to amend the Fisheries Act and the Wild Animal and Plant Protection CANADIAN HUMAN RIGHTS COMMISSION and Regulation of International and Interprovincial Trade Act The Speaker: I have the honour to lay upon the table the 2015 (importation of shark fins). I would like to thank the member for annual report of the Canadian Human Rights Commission. Pursuant Drummond for seconding my bill. to Standing Order 108(3)(e), this document is deemed to have been permanently referred to the Standing Committee on Justice and This bill would prohibit the importation of shark fins into Canada Human Rights. and legally ban shark finning in Canadian waters. For those who are unaware, shark finning is the horrific practice of cutting the fins from *** living sharks and discarding the remaining shark at sea. The sharks [Translation] then drown, starve to death, or are eaten alive by other fish. -
PRISM::Advent3b2 17.25
House of Commons Debates VOLUME 148 Ï NUMBER 074 Ï 1st SESSION Ï 42nd PARLIAMENT OFFICIAL REPORT (HANSARD) Thursday, June 16, 2016 Speaker: The Honourable Geoff Regan CONTENTS (Table of Contents appears at back of this issue.) 4597 HOUSE OF COMMONS Thursday, June 16, 2016 The House met at 10 a.m. GOVERNMENT RESPONSE TO PETITIONS Mr. Kevin Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.): Mr. Speaker, pursuant to Standing Order 36(8), I have the honour to Prayer table, in both official languages, the government's response to four petitions. Ï (1005) *** [Translation] ROYAL CANADIAN MOUNTED POLICE MESSAGE FROM THE SENATE Hon. Ralph Goodale (Minister of Public Safety and Emer- The Speaker: I have the honour to inform the House that a gency Preparedness, Lib.): Mr. Speaker, I have the honour to table, message has been received from the Senate informing this House in both official languages, the 2015 annual report of the RCMP's use that the Senate has passed Bill C-14, An Act to amend the Criminal of the law enforcement justification provisions. This report addresses Code and to make related amendments to other Acts (medical the RCMP's use of specified provisions within the law enforcement assistance in dying), with amendments to which the concurrence of justification regime, which is set out in section 25.1 to 25.4 of the this House is desired. Copies of the amendments are available at the Criminal Code. table. This report also documents the nature of the investigations in [English] which these provisions were used. -
Country Reports on Terrorism 2009 (PDF)
Country Reports on Terrorism 2009 August 2010 ________________________________ United States Department of State Publication Office of the Coordinator for Counterterrorism Released August 2010 Page | 1 Country Reports on Terrorism 2009 is submitted in compliance with Title 22 of the United States Code, Section 2656f (the “Act”), which requires the Department of State to provide to Congress a full and complete annual report on terrorism for those countries and groups meeting the criteria of the Act. COUNTRY REPORTS ON TERRORISM 2009 Table of Contents Foreword Chapter 1. Strategic Assessment Chapter 2. Country Reports Africa Overview Trans-Sahara Counterterrorism Partnership The African Union Angola Botswana Burkina Faso Burundi Cape Verde Comoros Democratic Republic of the Congo Cote D’Ivoire Djibouti Equatorial Guinea Eritrea Ethiopia Gabon Ghana Kenya Liberia Madagascar Mali Mauritania Niger Nigeria Page | 2 Rwanda Sao Tome and Principe Senegal Somalia South Africa Tanzania Uganda Zambia Zimbabwe East Asia and Pacific Overview Australia Burma Cambodia China o Hong Kong o Macau Indonesia Japan Republic of Korea (South Korea) Democratic People’s Republic of Korea (North Korea) Laos Malaysia Micronesia, Federated States of Mongolia New Zealand Palau Philippines Singapore Taiwan Thailand Europe Overview Albania Armenia Austria Azerbaijan Belgium Page | 3 Bosnia and Herzegovina Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Georgia Germany Greece Hungary Iceland Ireland Italy Kosovo Latvia Lithuania Macedonia Malta Moldova -
Framing Muslims in the “War on Terror”: Representations of Ideological Violence by Muslim Versus Non-Muslim Perpetrators in Canadian National News Media
religions Article Framing Muslims in the “War on Terror”: Representations of Ideological Violence by Muslim versus Non-Muslim Perpetrators in Canadian National News Media Azeezah Kanji Noor Cultural Centre, Toronto, ON M3C 1K1, Canada; [email protected] Received: 9 August 2018; Accepted: 10 September 2018; Published: 12 September 2018 Abstract: This study compared representations of ideological violence by Muslim versus non-Muslim perpetrators in Canadian national news media (the Globe and Mail, National Post, and CBC). Both quantitative and qualitative disparities were examined. Acts of Muslim violence received 1.5 times more coverage, on average, than non-Muslim ones, and thwarted Muslim plots received five times more coverage. Muslim incidents were more likely to be labelled “terrorism” and linked to other episodes of violence, and Muslim perpetrators were more likely to be labelled by their religious and ethno-racial identities. These patterns in representation serve to stabilise the racial formations of the Canadian national security state in the “war on terror”. Keywords: Islamophobia; terrorism; Canadian news media; framing 1. Introduction “The media in the modern era are indisputably an instrument of war,” writes Kenneth Payne (Payne 2005, p. 81)—one wielded with potent effect in the current era of the “war on terror.”1 Multiple analyses have examined how media representations of Muslim difference and dangerousness are constitutive in shaping notions of Canadian national identity, and Western civilizational identity more broadly, against an Orientalised enemy Other (Bullock and Jafri 2000; Jiwani 2005a, 2005b; Marin 2011; Thobani 2003; Ismael and Measor 2003; Jiwani 2004; Poynting and Perry 2007; Belkhodja and Richard 2006; Jiwani and Dessner 2016; Olwan 2013; Meer et al. -
The Edge of Violence Described As a Process of Radicalisation
Edge of violence cover 11/17/10 5:01 PM Page 1 The path into terrorism in the name of Islam is often The Edge of Violence | described as a process of radicalisation. But to be radical is “Tackling home-grown not necessarily to be violent. Violent radicals are clearly enemies of liberal democracies, but non-violent radicals might sometimes be powerful allies. This pamphlet is a terrorism requires a summary of two years of research examining the difference between violent and non-violent radicals in Europe and Canada. It represents a step towards a more nuanced radical approach…” understanding of the behaviour of radicalised individuals, the appeal of the al-Qaeda narrative, and the role of governments Jamie Bartlett · Jonathan Birdwell · Michael King and communities in responding. The Edge of Violence suggests that government policy must distinguish clearly between radicalisation that leads to THE EDGE OF VIOLENCE violence and radicalisation that does not: ways must be found to ensure young people can be radical and dissenting without Jamie Bartlett violent consequences. The pamphlet argues that the best way to fight radical ideas is with a liberal attitude to dissent, as Jonathan Birdwell silencing radical views can create a taboo effect that Michael King inadvertently makes such ideas more appealing. The threat of violent radicalisation can never be ‘solved’ or completely neutralised, it can only be managed. The process of radicalisation to violence still eludes complete understanding: any response will entail controversial decisions and unintended consequences. Therefore, governments must focus on the things they can realistically change, while the lead role in prevention must be played by society: individuals, groups, organisations and communities.