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
Trump confronts repeated boos during raucous Libertarian convention speech
Donald Trump was booed repeatedly while addressing Saturday night’s Libertarian Party National Convention.
This type of screen time has the worst effect on kids: experts
According to some experts, there is one type of screen time that is continuously excessive, and it's having a severe effect on our children.
Family of toddler found dead at small-town Ont. daycare no closer to answers after year of investigation
A year has passed since two-year-old Vienna Irwin was found on the property of a home-based daycare in small-town Ontario, but her family says they are no closer to answers of what happened that day.
Grayson Murray, two-time PGA Tour winner, dead at 30
Two-time PGA Tour winner Grayson Murray died Saturday morning at age 30, one day after he withdrew from the Charles Schwab Cup Challenge at Colonial.
Humboldt Broncos crash victims and families react to decision to deport truck driver
The family of one of the victims of the Humboldt Broncos bus crash in 2018 says they are 'thankful' for a decision by a Calgary immigration board to deport the driver of the truck involved.
Fatal plane crash reported near Squamish, B.C.
The Transportation Safety Board of Canada has confirmed it is working with local Mounties and the BC Coroners Service after a plane crash near Squamish, B.C. Friday night.
'God forgives but we don’t': Loud outburst from stabbing victim’s family during sentencing hearing
An emotional outburst in a London, Ont. courtroom Friday disrupted the sentencing hearing of a woman who pleaded guilty for her part in the death of 29-year-old Mohammed Abdallah.
Three dead after vehicle plunged down a 100-foot embankment in Shediac, N.B.
Three people have died after a vehicle veered off the road in Shediac N.B., Friday morning.
Appeal denied for Edmonton soldier accused of trying to kill her 3 children
An Edmonton woman found guilty of trying to kill her three children has been denied an appeal.