The Supreme Court of Canada today unanimously upheld the country's anti-terrorism law, rejecting an appeal from Momin Khawaja, the first person charged under the Anti-terrorism Act.
The top court on Friday also rejected the appeals of two men seeking to avoid extradition to the United States, where they are wanted on charges related to terrorism.
The top court justices ruled that violent acts are not protected under the Charter of Rights and Freedoms.
Arrested in 2004, Khawaja, a Canadian-born computer programmer, was convicted in 2008 of financing and facilitating terrorism, and building a remote-control device that could trigger bombs.
His initial sentence of 10½ years in prison was increased in December 2010 by the Ontario Court of Appeal to life imprisonment with no chance of parole for 10 years.Lawrence Greenspon, who represents Khawaja, said he was "not happy with the result" of his client's court challenge.
"I have faith in the courts that they can distinguish between who is innocent and who is not," Greenspon told reporters outside the court in Ottawa after the ruling. "I don't think we can say with equal confidence that investigations and prosecutions will not involve and will not be based on political, religious or ideological beliefs in this country."
2 others can face charges in U.S., court says
In the cases of Suresh Sriskandarajah and Piratheepan Nadarajah, the Supreme Court said they can be sent to the U.S. to face charges of supporting the Tamil Tigers, a rebel group fighting for an independent state in Sri Lanka, and that is on Canada's official list of terrorist organizations.
The key issue in the appeals centred on the Anti-terrorism Act's motive clause, which states that terrorist activity is committed "in whole or in part for a political, religious or ideological purpose, objective or cause."
In the Khawaja case, the top court judges considered whether a sub-clause exempting terrorist activity "committed during an armed conflict" applied in his case.
Both were issues in the original trial and the former was central in the Ontario Court of Appeal ruling.
Khawaja also asked the court to review the principles of sentencing for crimes related to terrorism.
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