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
Iran President Ebrahim Raisi found dead at helicopter crash site, state media says
Iranian president, the country’s foreign minister and others have been found dead at the site of a helicopter crash Monday after a search through a foggy, mountainous region of the country’s northwest.
Court eases internet restrictions for Sask. man who matched with a 15-year-old girl on Tinder
A Saskatchewan man who had a sexual encounter with a 15-year-old girl he met on Tinder successfully appealed to shorten release conditions barring him from online dating.
Stittsville residents seeking answers as bylaw cracks down on street basketball nets
Stittsville residents on Kearnsley Way are seeking answers after an unusual bylaw crackdown on Friday. Every home with a basketball net received a ticket instructing homeowners to remove their nets from the road.
'A horrible way to start the summer': 3 killed in serious boat crash on lake north of Kingston, Ont.
Three people were killed and five others were injured Saturday night following a boat crash on the Buck Bay area of Bobs Lake, north of Kingston, Ont., the Ontario Provincial Police (OPP) said.
What do we know so far about the mysterious crash of the helicopter carrying Iran's president?
The apparent crash of a helicopter carrying Iran's president and foreign minister on Sunday sent shock waves around the region.
Ex-partner charged with first-degree murder after 55-year-old woman killed in Montreal
Less than 24 hours after Montreal's 12th homicide investigation began, Montreal police confirmed that a 55-year-old woman's death in St. Michel is the island's 13th homicide. The woman's ex-spouse has been charged with first-degree murder.
Walmart, Costco refusing to sign grocery code of conduct 'untenable': industry minister
Industry Minister Francois-Philippe Champagne says it's 'untenable' for 'smaller players' like Walmart and Costco to delay signing on to the government- and industry-led grocery code of conduct, now that industry giant Loblaw has agreed to do so.
VIDEO Born without front legs, this dog has been inspiring the world for 3 years: Dresden farm owner
A sanctuary dedicated to animals with disabilities is celebrating the third birthday of one of its most popular residents.
Police say toxic drugs are circulating through northeastern Ontario
Canada’s largest First Nations police service, the Nishnawbe Aski Police Service issued a community safety alert as extremely toxic drugs are likely circulating in many of the communities it serves.