Terrorist Plot to Sabotage Canada-U.S. VIA Train Foiled

[The Bread Guy]

Necrothread nudged with the latest...

Ontario's highest court has granted a new trial for two men who were found guilty of terrorism charges after being accused of plotting to derail a Via Rail passenger train in the Greater Toronto Area.

The Court of Appeal for Ontario ordered Tuesday that the 2015 convictions of Raed Jaser and Chiheb Esseghaier be set aside.

A new trial was ordered ...

Next:  trial by judge alone, IF The Supremes don't chime in* ...

Two men convicted of plotting to crash a Via Rail train have chosen to be tried by judge alone should their case not proceed to the Supreme Court of Canada.

The Ontario Court of Appeal overturned the 2015 convictions of Raed Jaser and Chiheb Esseghaier on terror-related charges related to an al-Qaida-inspired plot to derail a passenger train travelling between the United States and Canada.

The men were sentenced to life in prison with no chance of parole until 2023.

The appellate court ordered a new trial for the men, which is scheduled to begin in the Superior Court of Justice on Sept. 14, 2020.

The Crown has asked the Supreme Court to review the appeal court’s decision, which cited an error in jury selection as the reason for overturning the lower court’s ruling.

Superior Court Justice John McMahon says he is proceeding with the case assuming the Supreme Court chooses not to hear it.

* - According to the Supreme Court's own stats, there's about a 6% chance any appeal that is filed will be heard.

 

[The Bread Guy]

The latest:  The Supremes will hear an appeal of the decision to give these two a new trial ....

The Supreme Court of Canada will review a lower-court decision to grant a new trial to two men accused of plotting to crash a Via Rail train.

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 of terror-related charges arising mainly from an alleged al-Qaida-inspired plot to derail a passenger train travelling between the United States and Canada.

Both men appealed their convictions. Counsel for Jaser and a court-appointed lawyer for Esseghaier argued the jury at the trial was improperly constituted.

In August last year, the Ontario Court of Appeal ordered a fresh trial for the men on grounds the jury was indeed chosen incorrectly.

Following the decision, the Public Prosecution Service of Canada said it would proceed with a new trial. However, federal lawyers also exercised a right to seek the Supreme Court's permission to challenge the appeal-court decision.

As usual, the high court gave no reason Thursday for agreeing to hear the case ...

 

[The Bread Guy]

Verdict:  no new trial for YOU!

The Supreme Court of Canada says there should be no new trial for two men convicted of terrorism offences.

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 of terror-related charges arising mainly from an alleged al-Qaeda-inspired plot to derail a passenger train travelling between the United States and Canada.

Both men appealed their convictions, with counsel for Jaser and a court-appointed lawyer for Esseghaier arguing the jury at the trial was improperly constituted.

In August last year, the Ontario Court of Appeal ordered a fresh trial for the men on grounds the jury was indeed chosen incorrectly.

In a hearing today (7 Oct), the Crown argued the convictions should not be overturned on the basis of a highly technical error in the jury-selection process that did not cause any harm to fair trial rights.

In a ruling from the bench, the Supreme Court essentially agreed and allowed the federal appeal, saying written reasons would follow.

 

[blacktriangle]

These guys should be doing a perpetual "ride along" - strapped to the front of a VIA rail train.

 

[The Bread Guy]

Necrothread bump: Ontario Court of Appeal confirms sentence of one of the perps ....

Raed Jaser, convicted in Via Rail terror plot, loses appeal

TORONTO - Ontario's highest court has upheld the conviction and life sentence of one of the two men found guilty of terrorism charges in a plot to derail a passenger

www.thecanadianpressnews.ca

 

[brihard]

Necrothread bump: Ontario Court of Appeal confirms sentence of one of the perps ....

Raed Jaser, convicted in Via Rail terror plot, loses appeal

TORONTO - Ontario's highest court has upheld the conviction and life sentence of one of the two men found guilty of terrorism charges in a plot to derail a passenger

www.thecanadianpressnews.ca

Nice. And a ‘by the court’ decision with no dissent, so there’s no appeal as of right to the Supreme Court. He can only get it to be reviewed by SCC if they see something compelling and grant leave.

 

[OldSolduer]

Nice. And a ‘by the court’ decision with no dissent, so there’s no appeal as of right to the Supreme Court. He can only get it to be reviewed by SCC if they see something compelling and grant leave.

I read the news report - his mental fitness is fine. That is a growing trend....the NCR defence.

 

[brihard]

I read the news report - his mental fitness is fine. That is a growing trend....the NCR defence.

I don't believe it was an NCR defense, but rather an argument that a ruling on the co-defendant's fitness for sentencing should have resulted in a mistrial for the appellant? Not quite sure what his proposed reasoning on that was. Anyway, it didn't fly, and if leave to appeal is sought, hopefully SCC tells him to FRO.

 

[mariomike]

Update.

VIA Rail terrorist convinces judge to delay deportation decision due to mental health concerns

MSN

 

[lenaitch]

 

[The Bread Guy]

Another quick bump: Supremes rule "no appeal for YOU!"

Supreme Court won't hear appeal application arising from Via Rail terror case

OTTAWA - The Supreme Court of Canada will not hear the appeal of Raed Jaser, who was convicted of planning to commit murder for the benefit of a terrorist group.

www.thecanadianpressnews.ca

 

[OldSolduer]

Another quick bump: Supremes rule "no appeal for YOU!"

Supreme Court won't hear appeal application arising from Via Rail terror case

OTTAWA - The Supreme Court of Canada will not hear the appeal of Raed Jaser, who was convicted of planning to commit murder for the benefit of a terrorist group.

www.thecanadianpressnews.ca

Can we deport this waste of rations and oxygen?

 

[The Bread Guy]

Can we deport this waste of rations and oxygen?

The irony burns on this one -- this from 2013:

... Jaser arrived with his parents and two siblings at Pearson International Airport on March 28, 1993. They travelled from Germany using fake French documents. When the parents made a claim for refugee protection, Jaser was a dependent minor.

When his parents later withdrew their claim for refugee protection, changing to the deferred removal order class, Jaser could not be included in that program because he had criminal convictions.

Jaser was determined not to be a refugee on Oct. 30, 1998.

In 2004, a warrant was issued for Jaser's arrest so he could be deported.

At the deportation hearing held that August, he claimed that he was a stateless Palestinian and there was nowhere to send him. His lawyer also pointed out that a pre-removal risk assessment had not been done as required.

Jaser was born in the United Arab Emirates, but at the 2004 detention review hearing, Jaser said he was not a citizen of that country.

"I am a Palestinian by blood, that does not give me any rights whatsoever in my place of birth," he said.

The issue of his criminal convictions also surfaced at the 2004 hearing, with the government counsel saying Jaser had "five fraud-related convictions" and "two prior convictions for failure to comply with a recognizance."

At the conclusion of the hearing, Jaser was allowed to stay on bail until the government figured out what to do. Jaser later applied for, and was granted a pardon. It's not clear if the pardon was for one or all of his charges.

A source told CBC News that in 2001 Jaser was given two years probation, a $1,000 fine and a five-year weapons ban after a conviction for uttering death threats. The National Post reported that he was later pardoned on that charge.

"With that pardon, he was subsequently granted permanent residency status in Canada," CBC's Greg Weston reported ...

More from around the same time (2013-14) here - can't find anything more recent.

Deportation of terror suspect halted after Ontario court throws out conviction | Globalnews.ca

It was the second time Canadian officials had tried to deport Raed Jaser.

globalnews.ca

How terror suspect Raed Jaser escaped deportation despite long criminal record and failed refugee claim

Jaser, now accused of plotting to derail a Toronto-bound passenger train, should have been deported over his convictions but was instead pardoned

nationalpost.com

Immigration minister to review deportation rules in light of terror arrests

Canada's immigration policy is being reviewed following revelations that one of the men charged in an alleged plot to attack a Via Rail train was ordered deported years ago -- but was never removed because he is a stateless Palestinian.

www.ctvnews.ca

"Greg Weston: How a terror suspect slipped through immigration's cracks" (CBC)

My guess (subject to any SME's far more informed take) would be now that it seems there's no more court stuff to happen, maybe things can roll again, or at least once his sentence is done?

As for his partner in crime on this caper, it seems the wheels were turning earlier this year until the Federal Court said "hold up."

VIA Rail terrorist convinces judge to delay deportation decision due to mental health concerns

Tunisian terrorist wins reprieve from Canadian judge due to mental health concerns

nationalpost.com

Deportation difficulty seems to be a not-recent issue around here