Author Topic: More Canadian ISIS "terror travellers" ID'ed  (Read 25984 times)

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #100 on: April 09, 2019, 19:54:15 »
A bit of data culling ....
Quote
A suicide bomber from Calgary strikes near Baghdad. A Windsor man masterminds the torture and killing of foreigners at a Dhaka bakery. Two London, Ont., gunmen take hostages at a gas plant in the Algerian desert.

Canadian terrorists have killed and injured more than 300 in other countries since 2012, according to figures compiled by Global News that document the victims of so-called extremist travellers.

Fatal attacks in Algeria, Bangladesh, Bulgaria, Iraq, Russia, Somalia and Syria were attributed to Canadians during that time. An attack in Michigan resulted in no deaths but seriously injured a police officer.

Citizens of 19 countries were killed in attacks involving Canadian perpetrators, including locals and British, Colombian, French, Indian, Israeli, Italian, Filipino, Japanese, Malaysian, Norwegian, Romanian and U.S. nationals.

The majority of killings were claimed by the so-called Islamic State, while others were the work of Al Qaeda affiliates and Hezbollah, but attacks by Al Qaeda-aligned groups were more deadly ...
More @ link
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Offline reverse_eng

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #101 on: April 09, 2019, 20:14:58 »
Maybe if we stopped importing so many terrorists, they wouldn't breed here and become exports? Other countries send SOF in the early morning hours to kill their own citizens that have betrayed them. We take ours back, apologize for allowing them to be radicalized, and then ask them how much money and which of our daughters they would like...

 :2c:

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #102 on: May 30, 2019, 20:53:14 »
Some of the latest ...
Quote
A so-called Canadian “ISIS bride” who is stuck in a Syrian refugee camp with her newborn baby has been given no indication of coming home, despite the increasingly dangerous living conditions her family is facing.

Aimee, whose last name CTV News has previously agreed not to reveal, gave birth to her third son Mohammed last week while living among the hundreds of fellow widows of former ISIS fighters in a special section of the al-Hawl refugee camp in eastern Syria.

Aimee travelled to Syria from Alberta four years ago with her Canadian husband who later died in fighting for ISIS. She later married another fighter, but he was killed as well. Mohammed is her second husband’s son.

CTV News’ Paul Workman profiled Aimee’s story in February as she pleaded to come home, but since then there has been little action on the part of the Canadian government, while the conditions at the camp have worsened ...
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Offline Jarnhamar

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #103 on: May 30, 2019, 21:48:37 »
Quote
but since then there has been little action on the part of the Canadian government, while the conditions at the camp have worsened ...

Absolutely no ****s given here.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #104 on: May 31, 2019, 01:13:50 »
Absolutely no ****s given here.

Yup. If they're citizens, the government has to let them in at the border. It doesn't need to send them a plane or buy them a ticket.

That said- whether we like it or not, we will continue to grapple with this for years to come. There will be returnees who make it back that we don't have grounds to criminally charge and who, by virtue of being born in Canada or having acquired citizenship honestly and before any radicalization took place, cannot have citizenships revoked nor be removed from the country

Out of those, a portion will be hardcore and probably irredeemable. But some are going to be young fools who really, really screwed up, had their eyes opened, and now realize it. Not unlike those who 'demobilize' from gang life, really. There has to be a plan in place to deal with them; a plan that complies with our laws. I do not envy those who have to craft such policy.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #105 on: May 31, 2019, 11:08:36 »
I don't suppose setting up a Trans-Ontario railway project where they can build the railway by hand from Attawapiskat to Lake Winnipeg and live in Gulags Umm camps is doable?  8)

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #106 on: June 03, 2019, 20:47:06 »
The latest stats from an academic tracking this stuff (source) ...
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #107 on: June 03, 2019, 21:53:38 »
I think the government realizes that, even if they were so inclined, repatriation just before an already difficult election would be politically challenging.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #108 on: June 04, 2019, 18:40:28 »
Read an article todat about a number of captured French fighters have been sentenced to hang by the Iraqi courts. France doesn't want them back and Iraq doesn't want them either , so ……

https://www.ndtv.com/world-news/iraq-court-sentences-two-french-men-to-death-for-being-isis-fighters-2046783



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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #109 on: June 06, 2019, 12:08:08 »
https://globalnews.ca/news/5346883/crimes-against-humanity-charges-canadians-syria/

Quote from: Global News
RCMP explores crimes against humanity charges for Canadian ISIS members
 By Stewart Bell
National Online Journalist, Investigative
Global News


The RCMP is looking into whether war crimes laws can be used to prosecute Canadians detained in Syria over their alleged involvement in the so-called Islamic State, Global News has learned.

National security investigators are exploring not only whether terrorism charges are warranted, but also whether the Crimes Against Humanity and War Crimes Act could apply, officials said.


While war crimes-related prosecutions are extremely rare in Canada, with 32 Canadians detained in Syria by U.S.-backed forces following the collapse of ISIS, the possibility of charges is being examined.

The investigations are part of the RCMP’s preparations for the possible return to Canada of captured ISIS members.

READ MORE: ‘We need to get ready’: RCMP planning for return of Canadian ISIS members

Asked about the issue Thursday, Prime Minister Justin Trudeau said he had confidence in the RCMP but added that one of the challenges was “making the translation from intelligence gathering activities to presenting evidence of crimes.”

“That is something that the RCMP, our intelligence agencies and indeed agencies around the world are struggling with and working on very hard,” he said from Juno Beach.

None of the Canadians held in Syria have been charged under Canada’s anti-terrorism laws, which make it illegal to knowingly participate in the activity of a terrorist group. The maximum sentence is 10 years.

By contrast, war crimes-related laws outlaw participation in genocide, crimes against humanity or war crimes committed anywhere in the world. A conviction carries a possible life sentence.

Crimes against humanity include murder, enslavement, imprisonment, torture, sexual violence, persecution “or any other inhumane act” against a civilian population or identifiable group.

ISIS members openly engaged in all those crimes as they imposed their version of Islamic law on the local populations of Syria and northern Iraq, particularly against minority Yazidis.

But a national security law expert said prosecuting war crimes and crimes against humanity is demanding and it might be simpler to charge the Canadians under anti-terrorism laws.

Leah West said prosecutors would have to prove not only the culpability of the accused but also the context of the offence, demonstrating that it was done as part of a crime against humanity.

“So, I don’t see why you would go to that extent to prove these crimes, rather than charging the crime we have on the books to deal with exactly what they’ve done, which is go overseas to support a terrorist group.”

A former Department of Justice lawyer and now a doctoral candidate at the University of Toronto Faculty of Law, West said crimes against humanity laws might apply to some of the activities of the Canadians.

But even if they went to Syria to marry ISIS fighters and bear children for the so-called caliphate, that could still warrant a terrorism charge, she said.

“Prosecutors tend to want to walk the easiest path to proving criminal liability. Charging Canadians who supported ISIS overseas under the War Crimes and Crimes Against Humanity Act rather than terrorism offences under the Criminal Code isn’t the easier path.”

Six Canadian men, 9 women and 17 children are among the hundreds of foreigners held in camps and makeshift prisons in northeast Syria after being taken into custody during the fall of ISIS.

The U.S. has been encouraging countries to repatriate and prosecute their citizens. The Liberal government has said it can’t because it would be too dangerous to take them out through Iraq or Turkey.

The RCMP, however, has begun working on the assumption that the Canadians will eventually come back and has been studying possible travel routes for their return as well as building criminal cases against them.

War crimes laws have already been used in Germany, where a woman who joined ISIS was charged with crimes against humanity over the death of a five-year-old Yazidi slave she and her husband bought in Mosul.

Canada has a mixed record with such prosecutions.

In 2009, a Quebec court convicted Désiré Munyaneza of seven counts of war crimes, crimes against humanity and genocide over atrocities in Rwanda in 1994. He was sentenced to life.

Jacques Mungwarere, a refugee claimant arrested in Windsor in 2009, was also prosecuted for genocide for his alleged role in Rwanda but an Ontario judge found him not guilty in 2013.

The only known case in which Canada has used war crimes law in relation to ISIS involved a Lebanese mechanic who repaired vehicles for ISIS and who is now living in British Columbia.

Rather than putting him on trial, Canadian authorities intervened in his refugee case and are attempting to deport him. He was found complicit in crimes against humanity but is appealing.

On Monday, the Swedish government hosted a meeting of officials from Germany, France, the United Kingdom, and other European governments to discuss establishing a tribunal to prosecute ISIS members.

“Administering justice in the region, by means of a tribunal or some other legal mechanism, could complement national legal proceedings and contribute to accountability for the crimes committed during the conflict in Syria and Iraq,” Sweden said in a statement.

In the latest CTC Sentinel, a publication of the Combating Terrorism Centre at West Point, Brian Michael Jenkins argued that “bluster and muddle” was not a viable way of dealing with the ISIS detainees.

“This is not an option, but policy by default,” the veteran terrorism scholar wrote. “It describes the current situation. Warnings and threats prompt concern, but international co-ordination remains too complicated.”

I had surmised that in the background this was probably quietly underway, but it's an interesting update on the 'what the hell are we gonna do with these guys?'

The War Crimes Program is interesting- multi agency, multi disciplinary. You've got the RCMP, CBSA, Immigration, Refugees, and Citizenship Canada, and Department of Justice all working hand in hand on these. Allegations are evaluated in a joint manner, and a determination made as to what 'remedy' (or remedies) is most applicable. Criminal prosecutions are rare for all the same challenges I've elaborated on previously regarding terrorism prosecutions, but they've got a pretty decent track record of building up solid cases leading to refusal of refugee/asylum status, revocation of such status, revocation of citizenship, and removal from Canada of those deemed inadmissible. Part of the strategy is fighting 'impunity' and denying Canada as a safe haven for those complicit.

Unfortunately it still doesn't crack the tough nut of successfully prosecuting thsoe who are citizens and who didn't obtain their citizenship through fraud or deception... But it's something.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #110 on: June 08, 2019, 18:20:22 »
Another one, this time with some (at least alleged) specifics ...
Quote
A Canadian detained in Syria has alleged that ISIS asked him to infiltrate the United States through its southern border to attack financial targets, according to researchers.

Speaking to the International Center for the Study of Violent Extremism, Abu Henricki al Canadi said he was instructed to travel to Puerto Rico, take a boat to Mexico and cross into the U.S.

“What they wanted to do, basically, is they wanted to do financial attacks. Financial attacks to cripple the economy,” he said in the May 12 interview conducted at a prison in northeast Syria.

The 39-year-old said he was not told the full details but the operation was masterminded by a New Jersey man and he assumed it was a bombing mission that would strike financial targets in the New York area.

“I haven’t told anyone this information,” he said.

Abu Henricki is a dual citizen of Canada and Trinidad. He is married to a British Columbia woman. Both were captured earlier this year by the U.S.-backed Syrian Democratic Forces (SDF) during the collapse of ISIS.

He claimed the ISIS intelligence wing approached him about the plot in 2016 “because I’m from that area” but he declined to take part, prompting him to be imprisoned in Manbij, Syria until 2017.

“I refused to do it. That is why also I’m put into prison and been tortured,” he said, adding he had been beaten, suspended, starved and waterboarded by ISIS during his detention.

Fifteen Canadian adults are being detained by Kurdish-led forces. Another 17 Canadian children are also being held. To date, none have been charged by Canadian authorities ...
And if you don't believe #BoughtMedia, there's this from the Int'l Ctr for the Study of Violent Extremism (ICSVE) ...
Quote
... Abu Henricki al Canadi[5], a Canadian with dual citizenship with Trinidad, who was detained by the SDF in Rojava, Syria spoke with ICSVE researchers for about 1.5 hours on May 12, 2019 giving his first-hand account of being attracted to, traveling, joining and serving in the Islamic State Caliphate, first as a fighter and later designated as unable to fight due to chronic illness. As we were about to bring the interview to a close, Abu Henricki suddenly decided he trusted us enough to unburden himself of something that he claimed had been troubling him for some time.

 “There’s something that’s kind of like was playing in the mind in the past a little while now,” he told us. “I have been contacted by two organizations from the U.S. and Canada to help stop foreign attacks. The one guy in Canada wants to take me under his wing,” he explained his eyes widening. “Another one [the American intel] wants me to go around to people I met, Americans from Texas.” That foreign intelligence also interviews the imprisoned ISIS cadres we talk with and tries to learn from them, and perhaps also recruit them as informants, is no surprise to us, as we frequently hear about it from those we have interviewed in SDF and Iraqi prisons.

(...)

Abu Henricki then opens up about a plot in which he and other Trinidadians were invited to attempt to penetrate the U.S. borders to mount financial attacks on the U.S.  When asked how this occurred, he explains, “The emni [ISIS intelligence arm] was inviting us,” which matches other cases we and others have uncovered, in which the ISIS external emni identifies ISIS cadres willing to go home or attack in countries outside the Caliphate.[6] When asked if he can identify the emni member who invited him, as they routinely wore masks covering their faces, Abu Henricki answers, “He speaks English. He was Tunisian, maybe. I don’t know.  He approached the guys, and they approached me. He didn’t come directly to me.”

This was in the end of 2016. “They, what they will have, what they wanted to do basically is they wanted to do financial attacks. Financial attacks to cripple the [U.S.] economy,” Abu Henricki explains. “Apparently, they have the contacts or whatever papers they can get to a false ID, false passports [to send me out for this kind of attack,] he adds. “They have their system of doing it. So that’s maybe the way that I could have gone out with other individuals. It wasn’t me alone. They were sending you to Puerto Rico and from Puerto Rico [to Mexico].”

“One reason while I was also put in [ISIS] prison in 2016, I was asked to leave [ISIS] to go to America because I’m from that area. Cause they wanted [and] planned to do something and I refused.” Abu Henricki explains. “I refused to do it. That is why also I’m put into [ISIS] prison and been tortured,” he states.

(...)

When asked about the ISIS plot, he explains, “They were going to move me to the Mexican side [of the U.S. southern border] via Puerto Rico. This was mastermind[ed] by a guy in America.

Where he is, I do not know. That information, the plan came from someone from the New Jersey state from America. I was going to take a boat [from Puerto Rico] into Mexico. He was going to smuggle me in,” Abu Henricki explains. “I don’t know where I’d end up. Please be advised, I was not willing to do it,” Abu Henricki adds, wanting to be sure we don’t think he was willing to attack innocent civilians inside the U.S. “But this is one of their wicked, one of the plans that they had,” he explains, “and which I would like to think I foiled the plan by not being part of it.”

While Abu Henricki was told that the aim of the plot was to attack the financial system, as is often the case, the full details of the plot were not disclosed to him. “All I could think of was a bombing mission,” Abu Henricki explains to us, his face becoming deathly serious. Given that the mastermind was from New Jersey, it may have been aimed at New York financial targets ...
More @ link, or in attached PDF.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #111 on: June 21, 2019, 11:40:05 »
UK court:  yes, sending $ to your son who's up to shenanigans = you funding shenanigans …
Quote
The parents of a Muslim convert dubbed "Jihadi Jack" have been found guilty of funding terrorism.

John Letts, 58, and Sally Lane, 57, from Oxford, sent their son £223 (~CAN$ 375) while he was in Syria despite concerns he had joined the Islamic State group.

An Old Bailey jury found the couple not guilty of sending him a further £1,000 (~CAN$ 1700) and could not reach a verdict on a third charge of funding terrorism.

The pair each received 15 months imprisonment, suspended for 12 months.

Muslim convert Jack Letts* left his home in Oxford at 18 for Jordan and Kuwait for study and tourism.

In March 2015, police warned the couple they risked prosecution if they sent their son money.

Then in September, Lane transferred money to an account in Lebanon after Jack Letts insisted it had "nothing to do with jihad".

She told him: "I would go to prison for you if I thought it gave you a better chance of actually reaching your 25th birthday."

Judge Nicholas Hilliard QC said: "It was one thing for parents to be optimistic about their children, and I do acknowledge he is your son who you love very much.

"But in this context you did lose sight of realities."

He told the couple: "The warning signs were there for you to see."

He said that they were "intelligent adults" who set aside their suspicions to "please your son" ...
More @ link

* - links to Wikipedia article on dual UK-Canadian national son
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Offline Journeyman

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #112 on: July 04, 2019, 08:07:40 »
John Ivison, "Canada shirking its responsibility to prosecute its citizens who fought for ISIL," National Post,  4 July 2019
LINK
Quote
Stewart Bell led an investigative Global News team into Kurdish territory to interview Mohammed Ali, a Canadian from Toronto who was a sniper and trainer for ISIL... This past March, British singer Joss Stone performed a concert in the Kurdish-controlled part of Syria, after sneaking across the border.  Yet, whenever Ottawa is asked about its strategy for dealing with Canadian jihadis detained abroad, the answer is always that the situation is too dangerous for meaningful intervention.

More likely, the Trudeau government would prefer not to have to deal with such an intractable problem before a federal election.

[Interesting side-note]…..there are obvious difficulties facing law enforcement trying to pursue prosecutions for offences committed abroad — as was highlighted by Abu Huzaifa case... a self-admitted ISIL executioner had returned to Canada undetected and has not been charged with any crimes.*

But the idea a television crew and a British pop star could visit northern Syria yet our law-enforcement agencies cannot, is patently preposterous.
Election-year policy:  nothing but sunny-ways can be discussed; 
own-party scandals (name-calling and finger-pointing at others' shortcomings is SOP for all parties) and 'too difficult' issues simply cannot exist.


* For more on Abu Huzaifa, currently living back in Toronto, see MacKenzie Institute, "Canada’s Returned Islamic State Member."


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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #113 on: July 05, 2019, 17:32:38 »
“But the idea a television crew and a British pop star could visit northern Syria yet our law-enforcement agencies cannot, is patently preposterous.”


Does Ivison read his own writing: he writes that Joss Stone snuck across the border.  Do we want the RCMP sneaking their way into a foreign country, arresting or otherwise taking into their control a criminal, then sneaking out, and then bringing them to trial. Sounds like a good Charter problem and a potential get out of jail for the terrorists from Canada.
Let the buggers rot over there.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #114 on: July 06, 2019, 06:44:08 »
... Do we want the RCMP sneaking their way into a foreign country, arresting or otherwise taking into their control a criminal, then sneaking out, and then bringing them to trial. Sounds like a good Charter problem and a potential get out of jail for the terrorists from Canada ...
... not to mention potentially more compensation for legal mishandling that goes over soooooooooo well in many circles ...
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Offline Jarnhamar

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #115 on: July 06, 2019, 10:26:42 »
Quote from: Cloud Cover



  Do we want the RCMP sneaking their way into a foreign country, arresting or otherwise taking into their control a criminal, then sneaking out, and then bringing them to trial.

CSIS kill-team would be more bang for our buck.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #116 on: July 06, 2019, 14:28:20 »
Canada should put them on a no fly list. Does Canada allow its citizens to join terror groups ? If not use that law to hold them. Otherwise revoke their citizenship.

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #117 on: July 06, 2019, 14:50:26 »
CSIS kill-team would be more bang for our buck.

But what happened to “sunny ways”? Oh heavens 🤦‍♂️
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #118 on: July 06, 2019, 15:58:23 »
Canada should put them on a no fly list. Does Canada allow its citizens to join terror groups ? If not use that law to hold them. Otherwise revoke their citizenship.

We do have laws pertaining to joining terrorist organizations and leaving the country to join foreign enemies.  Unfortunately, the Government does now have the will to enforce their Laws.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #119 on: July 06, 2019, 16:49:48 »
CSIS kill-team would be more bang for our buck.

I'm going out on a limb here but I don't think the Trudeau cult Liberal government would survive a scandal around government sanctioned extra-judicial killings of Canadian citizens abroad.  A Canadian is a Canadian is a Canadian, remember?
Train like your life depends on it.  Some day, it may.

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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #120 on: July 06, 2019, 17:12:58 »
I'm going out on a limb here but I don't think the Trudeau cult Liberal government would survive a scandal around government sanctioned extra-judicial killings of Canadian citizens abroad.  A Canadian is a Canadian is a Canadian, remember?

Thats getting two birds stoned at once as far as I'm concerned  ;D
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #121 on: July 06, 2019, 17:19:25 »
We do have laws pertaining to joining terrorist organizations and leaving the country to join foreign enemies.  Unfortunately, the Government does now have the will to enforce their Laws.
With at least a couple of exceptions  ;) ...
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #122 on: July 06, 2019, 19:59:17 »
We do have laws pertaining to joining terrorist organizations and leaving the country to join foreign enemies.  Unfortunately, the Government does now have the will to enforce their Laws.

Proving all of the elements of the offense to the satisfaction of the court is the challenge, not least because many of the sources of what we know aren't things that can see the light of day in court. There has been at least one prosecution that they were able to bring forward, and I'm confident that there will be more in time.

Prosecution of a terrorism offense requires consent of the attorney general, but it would be political suicide were the government of the day known to have prevented prosecution of a viable investigation. If police are able to get the evidence, and if the evidence is clean, crown will go forward with it. It's just damned hard to assemble cases that can withstand disclosure and go through the whole court process. Terrorism offences bring really specific requirements for what has to be proven in terms of intent. We've sen a number of cases where other non-terrorism criminal offences are simply a lot easier to proceed with and there would be no value added from stacking the additional, more difficult to prove charges.

Our court process emphasises due process and the rights of an accused, and that's perfectly appropriate. But it makes it damned hard to craft and then apply law to extraterritorial offences in what are often was zones, with a complex and messy mix of military and security intelligence actors in play feeding in info of varying and sometimes dubious reliability.

Bear in mind that in Canadian criminal procedure, the crown is obligated to disclose all evidence to the accused/defense, not just that which is relied upon to prosecute. Any exculpatory evidence in the possession of the crown must be handed over. Once that is combined with the accused needing only to introduce reasonable doubt to be acquitted, and it becomes understandable why so few criminal terrorism charges go to prosecution.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #123 on: July 07, 2019, 10:44:41 »
Bear in mind that in Canadian criminal procedure, the crown is obligated to disclose all evidence to the accused/defense, not just that which is relied upon to prosecute. Any exculpatory evidence in the possession of the crown must be handed over.

Not to mention that some of that evidence may have been obtained using sensitive or classified methods and/or technologies which the government may not want to acknowledge.
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Re: More Canadian ISIS "terror travellers" ID'ed
« Reply #124 on: July 30, 2019, 10:10:57 »
Interesting approach (sort of a "change the rules for these guys, but only for five years" model) being offered up by someone who's "... a visiting scholar at Queen’s Law. He is a retired U.S. military lawyer and Army Ranger and a former Special Assistant U.S. Attorney. His combat tours include Iraq as a combat camera operator in 2003-4 and Afghanistan as an international law adviser from 2013-4."
Quote
… Take a moment to reflect on some of the most imperative judicial guarantees that form the basis of our identity as Canadians: the right to personally confront witnesses against you, the right to inspect every shred of evidence against you, and the requirement for the Crown to prove each element of all offences to a standard of beyond a reasonable doubt.
 
With that short list of fundamental protections in mind, take another moment to reflect on why these are so essential to our concept of the rule of law. One simple word sums it up: trust. Fundamental judicial guarantees are "fundamental" because they operate as a check on the monopoly of power the sovereign exercises over we the governed.
 
The reason we are not able to find solutions to the problem of prosecuting returning ISIS fighters and supporters is that our starting point is "prosecution" — that is, employing the existing domestic law enforcement structure — to adjudicate alleged offences committed abroad.

(…)

Domestic judicial procedural processes are designed to protect individual freedoms from being abused at home where the government alone is permitted to use powers of force and coercion to settle disputes and maintain the peace, and this monopoly on the use of force is — by definition — not possible on the battlefield as it is at home.
 
An ISIS fighter, regardless of citizenship, did not have the right to examine evidence against him or her before the coalition targeted the fighter on the battlefield. We have now simply moved further along on the spectrum of conflict from active hostilities to adjudicating alleged offences against detained ISIS fighters and supporters.
 
On this spectrum, our government is still acting in its role as belligerent against opposing fighters that are now detained.  Why, then, are we still trying to resort to the standard domestic legal system to "prosecute" fighters that operated in a theatre where the government did not exercise a monopoly on the use of force and was not acting as a sovereign during active hostilities?

(…)

The "notwithstanding clause" of the Charter of Rights and Freedoms permits Parliament to modify judicial processes in certain circumstances for up to five years. The Crimes Against Humanity and War Crimes Act permits Canada to "prosecute" offences against customary international law, and sources from the Nuremberg tribunals to the UN Charter to present-day UN Security Council resolutions confirm that ISIS's military campaign represented a threat to international peace and security and is therefore a violation of customary international law. We have the political will – public opinion demands the effective solutions that have proven to be so elusive ...
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