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
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
The kids from 'Mrs. Doubtfire are all SUPER grown up now, and we're not OK
The adorable trio of child actors from the 1993 classic comedy 'Mrs. Doubtfire,' which starred the late and great Robin Williams, are all grown up and looking back on their seminal time together.
Drone footage shows Ukrainian village battered to ruins as residents flee Russian advance
The Ukrainian village of Ocheretyne has been battered by fighting, drone footage obtained by The Associated Press shows. The village has been a target for Russian forces in the Donetsk region of eastern Ukraine.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Hulk Hogan, hurricanes and a blockbuster recording: A week in review of the Trump hush money trial
Crucial witnesses took the stand in the second week of testimony in Donald Trump's hush money trial, including a California lawyer who negotiated deals at the center of the case and a longtime adviser to the former president.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Parliamentary report on Emergencies Act decision is 18 months past due — and counting
The erstwhile group of senators and MPs studying the federal government's invocation of the Emergencies Act over the "Freedom Convoy" was supposed to present its findings in December. December of 2022, that is.