Trial of Calgary man facing terrorism charges begins after judge rejects bid to throw out case
A judge has dismissed an application to throw out the case of a Calgary man accused of going to Syria to fight with ISIS, for what the defence said were unreasonable delays in the court process.
Justice Corina Dario made the ruling on Monday, saying 34-year-old Jamal Borhot’s rights had not been violated, which allowed the trial to officially begin.
Borhot pleaded not guilty to the charges.
He is accused of travelling to Syria in 2013 and 2014 to commit terrorist acts with the Islamic State and was charged in 2020 with three counts of participating in terrorist group activity.
The ruling on the charter challenge follows nearly a nearly week-long hearing on the Jordan application to have all charges stayed.
Borhot’s lawyer, Pawel Milczarek, argued in the hearing that the trial timeline had exceeded limits set by the Supreme Court of Canada under its 2016 Jordan decision.
According to the Supreme Court's 2016 R. v. Jordan decision, trials must be heard within 30 months after charges are laid for a province's superior court, such as the Court of King's Bench of Alberta.
The charter challenge alleges Borhot's right to a trial in a timely fashion was violated, citing the 44-month-and-eight-day delay from Borhot being charged in September 2020 to the anticipated last day of the trial on May 31, 2024.
Crown prosecutors argued the delays were a result of the defence and exceptional circumstances from a complex case involving national security.
Justice Dario is expected to give the reasoning behind her decisions later this week.
Borhot's co-accused and cousin, Hussein Borhot, was sentenced to 12 years in prison in May 2022 in a separate trial.
CTVNews.ca Top Stories
BREAKING Average hourly wage in Canada now $34.95: StatCan
Average hourly wages among Canadian employees rose to $34.95 on a year-over-year basis in April, a 4.7 per cent increase, according to a Statistics Canada report released Friday morning.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
This iconic Canadian song is turning 50
Andy Kim's 'Rock Me Gently' is marking a major milestone, as it celebrates its 50th anniversary.
Oprah Winfrey: I set an unrealistic standard for dieting
Oprah Winfrey said on Thursday evening that she has long played a role in promoting unhealthy and unrealistic diets.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Toronto police called to Drake's Bridle Path mansion for another alleged intruder on Thursday
Toronto police say a man who allegedly attempted to access Drake’s Bridle Path property was taken to hospital on Thursday after an altercation with security guards.
Flat tire on a highway? Here's why you shouldn't try to fix it
If you're cruising down a highway and realize you have a flat tire, you may want to think twice before stopping to fix it on the side of the road.
Storm-battered U.S. South is again under threat. A boy swept into a drain fights for his life
Dangerous storms crashed over parts of the U.S. South on Thursday even as the region cleaned up from earlier severe weather that spawned tornadoes, killed at least three people, and gravely injured a boy who was swept into a storm drain as he played in a flooded street.
Broadcaster and commentator Rex Murphy dead at 77: National Post
The National Post is reporting that Rex Murphy, the pundit and columnist who hosted a national call-in radio show for decades, has died.