Ottawa (Canada) software developer charged with terrorism

http://www.cbc.ca/stories/2004/03/30/canada/rcmpraid040330

Last Updated Wed, 31 Mar 2004 8:58:52

OTTAWA - An Ottawa man became the first person charged under Canada's new anti-terrorism laws Tuesday when police accused him of terrorist activity in Canada and in England.

Mohammad Momin Khawaja, 24, is charged under the Anti-Terrorism Act with participating in the activity of a terrorist group and facilitating a terrorist activity.

RCMP NEWS RELEASE: Charges laid

According to an RCMP news release some of the activity may have taken place in London, England.

The RCMP arrested Khawaja at work on Monday. He appeared in court on Tuesday and will stay in jail until at least Friday.

He is the Canadian-born son of Pakistani immigrants.

We could have another Khadr family. (Or we could have another Maher Arar, but that seems unlikely.)

(Khadr senior is believed to have been a close associate of Osama bin Laden, and various sons appear to have been involved in Taliban/Al Qaeda activities. Maher Arar is the Canadian citizen who was deported from a US airport to Syria where he was imprisoned and tortured before ultimately being released; his wife will be an NDP candidate in the next federal election in Canada.)

An "indictable offence" (see below) is the equivalent of a felony in the US. It is relatively standard procedure for there to be a publication ban in any criminal proceedings before trial; in Canada, there is a pre-trial preliminary inquiry that serves the same function as a grand jury hearing in terms of testing the case, except that the accused is represented and may call evidence and cross-examine, and it is normally open to the public and conducted by a judge, while publication of evidence is banned to ensure that the right to a fair trial is protected.

In this instance, the Anti-Terrorism Act contains special provisions, e.g.:

http://www.canlii.org/ca/as/2001/c41/sec43.html

38.13 (1) The Attorney General of Canada may personally issue a certificate that prohibits the disclosure of information in connection with a proceeding for the purpose of protecting information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act or for the purpose of protecting national defence or national security. The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament.

The Anti-Terrorism Act of 2001 may be read here:
summary - http://www.canlii.org/ca/as/2001/c41/part16788.html
whole document -- http://www.canlii.org/ca/as/2001/c41/whole.html

The views of Irwin Cotler, a well-known "civil liberties" lawyer in Quebec before taking his current job as Canada's Minister of Justice, on the liberty/security issues involved may be read here:
Does the Anti-Terror Bill go too far?


The RCMP news release (linked above - no copyright issues presumably) reads as follows:

RCMP NEWS RELEASE
RCMP lays charges under Sections 83.18 and 83.19 of the Criminal Code

OTTAWA - March 30, 2004 - On March 29, 2004, members of the RCMP executed search warrants at two locations in Ottawa. These warrants were obtained lawfully and judicially after a careful review of the supporting affidavit material. The search warrants were for the residence and workplace of Mr. Mohammad Momin Khawaja of Ottawa.

Today, Mr. Khawaja, a 29-year-old Canadian born citizen, has been charged pursuant to sections 83.18 and 83.19 of the Criminal Code of Canada. These sections, introduced as part of the Anti-Terrorism Act on December 24, 2001, make it an offence to knowingly participate in or contribute to the activities of a terrorist group and to knowingly facilitate a terrorist activity.

In the interest of accuracy the charges are as follows:

That Mr. Khawaja did:

1) On or between November 10, 2003 and March 29, 2004, at or near the City of Ottawa, in the Province of Ontario and at or near the City of London, England, did knowingly participate in or contribute to, directly or indirectly, an activity of a terrorist group, for the purpose of enhancing the ability of a terrorist group to facilitate or carry out a terrorist activity, as defined in section 83.01(1) of the Criminal Code, thus committing an indictable offence, contrary to section 83.18 of the Criminal Code.

2) On or between November 10, 2003 and March 29, 2004, at or near the City of Ottawa, in the Province of Ontario and at or near the City of London, England, did knowingly facilitate a terrorist activity, as defined in section 83.01 (1) of the Criminal Code, thus committing an indictable offence, contrary to section 83.19 of the Criminal Code.

Mr. Khawaja appeared in court today at 1:30 p.m. in Ottawa at which time he was remanded in custody until Friday, April 2, 2004 at 1:30 p.m. A publication ban on the proceedings was granted by the court.

This investigation has resulted in much interest and speculation. Certain details about the arrest and searches conducted yesterday can be provided notwithstanding the publication ban:

At approximately 1:30 p.m. on March 29th RCMP members arrested Mr. Khawaja at his work place and conducted a search.

A search warrant was also executed at Mr. Khawaja's residence at 672 Princess Louise Drive, Ottawa. The RCMP Emergency Response Team entered and secured the residence. To ensure the integrity of the scene, two of the occupants who were home at the time were removed from the residence. The preventive arrest provisions of the Anti-Terrorism Act were not used. The occupants were not arrested.

The RCMP worked closely with the Ottawa Police Service in ensuring the safety and security of police personnel, residents and the public in the immediate area of the search. The search was concluded at approximately 1:30 Tuesday morning March 30th.

The RCMP would like to assure Canadians that it is working closely with all its partners to ensure public safety and security. The RCMP's primary objective is safe homes and safe communities for all Canadians. The RCMP has an obligation to investigate all possible leads and information pertaining to criminal activity or potential threats.

The Ottawa Muslim community has raised concerns about this investigation. The RCMP acknowledges these concerns and wishes to assure Ottawa's Muslim community that it practices bias-free policing. The RCMP has a zero tolerance policy towards racial profiling and racially biased policing. Neither is consistent with our core values. The RCMP does not target individuals or groups based on their racial, cultural or religious backgrounds.

The actions taken yesterday were directed at criminal activity with respect to national security.

The RCMP acknowledges that members of the Muslim community are law abiding citizens. The RCMP will continue to meet with community leaders and other representatives to address any concerns they may have.

As this matter is now before the courts, it would not be appropriate to provide any further details at this time. This is a complex investigation. The RCMP wishes to thank the media and the public for their patience and understanding. The RCMP is committed to updating the media and the public with further information when it is possible.

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