Case information
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34103
Mohammad Momin Khawaja v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-12-20 | Appeal closed | |
| 2012-12-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-12-14 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Ka, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C50298 and C50299, 2010 ONCA 862, dated December 17, 2010, heard on June 11, 2012, is dismissed. The convictions and the sentence imposed by the Court of Appeal are affirmed. Dismissed |
|
| 2012-08-02 | Media lock-up request accepted | |
| 2012-07-18 | Media lock-up consent form received from, François Lacasse | Her Majesty the Queen |
| 2012-07-16 | Media lock-up consent form received from, Lawrence Greenspon | Mohammad Momin Khawaja |
| 2012-07-11 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2012-07-06 | Media lock-up requested or proposed | |
| 2012-06-26 | Transcript received, (117 pages) | |
| 2012-06-11 | Judgment reserved OR rendered with reasons to follow | |
| 2012-06-11 | Intervener's condensed book, Submitted in Court (14 copies) | Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval |
| 2012-06-11 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2012-06-11 | Appellant's condensed book, SUbmitted in Court (14 copies) | Mohammad Momin Khawaja |
| 2012-06-11 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-06-11 |
Hearing of the appeal, 2012-06-11, CJ LeB F Abe Ro Cro Ka Judgment reserved |
|
| 2012-06-08 | Correspondence received from, 2 reserved seats requested | Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval |
| 2012-06-08 | Correspondence received from, 6 reserved seats requested | Her Majesty the Queen |
| 2012-06-08 | Notice of appearance, Yan Paquette and Louis-Philippe Lampron will be present at the hearing. | Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval |
| 2012-06-08 | Notice of appearance, Croft Michaelson and Ian Bell will be present at the hearing. | Her Majesty the Queen |
| 2012-06-06 | Notice of appearance, Michael Bernstein will be present at the hearing. | Attorney General of Ontario |
| 2012-05-31 | Notice of appearance, Anil Kapoor and Lindsay Daviau will be appearing | Canadian Civil Liberties Association |
| 2012-05-30 | Correspondence received from, Robert Frater dated May 30 ,2012. Re: Proposal of allocation of time | Her Majesty the Queen |
| 2012-05-28 | Notice of appearance, Lawrence Greenspon and Eric Granger will be present at the hearing. | Mohammad Momin Khawaja |
| 2012-05-28 | Order on motion to extend time | |
| 2012-05-28 |
Decision on motion to extend time, Ka, for the A.G. of ON to serve and filed its factum to May 14/12, its book of authorities to May 15/12, and for an for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal (joint with 34009-013) Granted |
|
| 2012-05-28 | Submission of motion to extend time, Ka | |
| 2012-05-28 |
Order by, (joint with 34009-013), Ka, FURTHER TO THE ORDER dated April 20, 2012, granting leave to intervene to the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association and the Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted, no order as to costs |
|
| 2012-05-25 | Response to motion to extend time, (Letter Form), of AGON rec'd by email re: no objection, Completed on: 2012-05-25 | Mohammad Momin Khawaja |
| 2012-05-24 | Intervener's book of authorities, (joint with 34009-34013) CD and Form rec'd May 28/12, Completed on: 2012-05-29 | British Columbia Civil Liberties Association |
| 2012-05-24 | Intervener's factum, (Joint with 34009-34013) CD and Form rec'd May 28/12, Completed on: 2012-05-29 | British Columbia Civil Liberties Association |
| 2012-05-24 | Intervener's book of authorities, (Vol. 1 and 2), Completed on: 2012-05-24 | Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval |
| 2012-05-24 | Intervener's factum, Completed on: 2012-05-24 | Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval |
| 2012-05-24 | Intervener's book of authorities, (joint with 34009 and 34013), Completed on: 2012-05-24 | Canadian Civil Liberties Association |
| 2012-05-24 | Intervener's factum, (joint with 34009 and 34013), Completed on: 2012-05-24 | Canadian Civil Liberties Association |
| 2012-05-24 | Response to motion to extend time, of the AGON rec'd by email with cc. to all parties re: consent (original rec'd May 25/12), Completed on: 2012-05-23 | Her Majesty the Queen |
| 2012-05-18 | Motion to extend time, (joint with 34009-013) on behalf of the A.G. of ON to serve and filed its factum to May 14/12, its book of authorities to May 15/12, and for an for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal, Completed on: 2012-05-18 | Attorney General of Ontario |
| 2012-05-15 | Intervener's book of authorities, (extension of time rec'd May 18/12), Completed on: 2012-05-23 | Attorney General of Ontario |
| 2012-05-14 | Intervener's factum - AG on constitutional question, (extension of time rec'd May 18/12), Completed on: 2012-05-23 | Attorney General of Ontario |
| 2012-05-11 | Order on motion to extend time | |
| 2012-05-11 |
Decision on motion to extend time, F, to serve and file the respondent's record, factum and book of authorities to Apr. 30/12 and pursuant to Rule 71(3) permitting oral argument at the hearing of this appeal Granted |
|
| 2012-05-11 | Submission of motion to extend time, F | |
| 2012-04-30 | Motion to extend time, to serve and file the respondent's record, factum and book of authorities to Apr. 30/12 and pursuant to Rule 71(3) permitting oral argument at the hearing of this appeal, Completed on: 2012-04-30 | Her Majesty the Queen |
| 2012-04-30 | Respondent's book of authorities, CD and Form rec'd May 2/12, Completed on: 2012-05-02 | Her Majesty the Queen |
| 2012-04-30 | Respondent's record, CD and Form rec'd May 2/12, Completed on: 2012-05-02 | Her Majesty the Queen |
| 2012-04-30 | Respondent's factum, CD and Form rec'd May 2/12, Completed on: 2012-05-02 | Her Majesty the Queen |
| 2012-04-20 | Order on motion for leave to intervene, (BY KARAKATSANIS J.) (joint with 34009-013) | |
| 2012-04-20 |
Decision on the motion for leave to intervene, (joint with 34009-013), Ka, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Canadian Coalition Against Terror and the British Columbia Civil Liberties Association for leave to intervene in the above appeals; AND UPON APPLICATION by the Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval for leave to intervene in the appeal of Mohammad Momin Khawaja v. Her Majesty the Queen (34103); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before May 24, 2012. The motion for leave to intervene of the Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length in the appeal of Mohammad Momin Khawaja v. Her Majesty the Queen (34103) on or before May 24, 2012. The motion for leave to intervene of the the Canadian Coalition Against Terror is dismissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions Allowed in part |
|
| 2012-04-20 | Submission of motion for leave to intervene, Ka | |
| 2012-04-20 | Appeal perfected for hearing | |
| 2012-04-02 | Reply to the motion for leave to intervene, (Letter Form), from Yan Paquette dated Apr. 2/12, Completed on: 2012-04-02 | Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval |
| 2012-03-30 | Reply to the motion for leave to intervene, (Letter Form), (joint with 34009 and 34013) from Anil K Kapoor, dated March 29/12, by fax, Completed on: 2012-03-30 | Canadian Civil Liberties Association |
| 2012-03-28 | Response to the motion for leave to intervene, (bookform) (for CCAT), Completed on: 2012-03-28 | Mohammad Momin Khawaja |
| 2012-03-27 | Response to the motion for leave to intervene, (Letter Form), (for all motions) (joint with 34009 and 34013) from Nicholas Devlin, dated March 27/12, rec'd by fax, Completed on: 2012-03-27 | Her Majesty the Queen |
| 2012-03-21 | Motion for leave to intervene, (bookform) (joint with 34009 and 34013), Completed on: 2012-03-21 | British Columbia Civil Liberties Association |
| 2012-03-21 | Motion for leave to intervene, (bookform), Completed on: 2012-03-21 | Canadian Civil Liberties Association |
| 2012-03-20 | Motion for leave to intervene, (bookform) (joint with 34009 and 34013), Completed on: 2012-03-20 | Canadian Coalition Against Terror |
| 2012-03-16 | Motion for leave to intervene, Completed on: 2012-03-16 | Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval |
| 2012-03-12 | Order on motion to extend time | |
| 2012-03-12 |
Decision on motion to extend time, Reg, to serve and file the appellant's record, factum and book of authorities to Feb. 27/12 Granted |
|
| 2012-03-12 | Submission of motion to extend time, Reg | |
| 2012-03-09 | Notice of hearing sent to parties, (joint with 34009 & 34013) | |
| 2012-03-09 |
Appeal hearing scheduled, 2012-06-11, (Heard with 34009 & 34013) (Start Time - 9:00 A.M.) Judgment reserved |
|
| 2012-03-06 | Response to motion to extend time, (Letter Form), Rec'd by email on March 6/12 from François Lacasse, Completed on: 2012-03-06 | Her Majesty the Queen |
| 2012-02-24 | Motion to extend time, to serve and file the appellant's record, factum and book of authorities to Feb. 27/12 (bookform) (AMENDED on Feb. 27/12), Completed on: 2012-02-28 | Mohammad Momin Khawaja |
| 2012-02-24 | Appellant's book of authorities, (3 volumes), Completed on: 2012-02-24 | Mohammad Momin Khawaja |
| 2012-02-24 | Appellant's record, (11 volumes), Completed on: 2012-02-24 | Mohammad Momin Khawaja |
| 2012-02-24 | Appellant's factum, Completed on: 2012-02-24 | Mohammad Momin Khawaja |
| 2012-01-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-12-05 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2011-11-08 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2011-11-08 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW: 1. Do ss. 83.03, 83.18, 83.19 or 83.21 of the Criminal Code, R.S.C. 1985, c. C-46, which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code¸ infringe s. 2(a) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do ss. 83.03, 83.18, 83.19 or 83.21 of the Criminal Code, R.S.C. 1985, c. C-46, which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code¸ infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 5. Do ss. 83.03, 83.18, 83.19 or 83.21 of the Criminal Code, R.S.C. 1985, c. C-46, which incorporate the definition of “terrorist activity” in s. 83.01(1) of the Criminal Code¸ infringe s. 2(d) of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2011-11-08 | Submission of motion to state a constitutional question, CJ | |
| 2011-09-08 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2011-09-08 | Her Majesty the Queen |
| 2011-09-01 | Motion to state a constitutional question, (Book Form), Completed on: 2011-09-01 | Mohammad Momin Khawaja |
| 2011-08-29 | Notice of appeal, (CD missing - rec'd Sept. 8/11), Completed on: 2011-09-08 | Mohammad Momin Khawaja |
| 2011-07-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-04 | Judgment on leave sent to the parties | |
| 2011-06-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C50298 and C50299, 2010 ONCA 862, dated December 17, 2010, is granted without costs. This appeal will be heard with Suresh Sriskandarajah v. United States of America, Minister of Justice and Attorney General of Canada (34009) and Piratheepan Nadarajah v. United States of America, Minister of Justice and Attorney General of Canada (34013). Granted, without costs |
|
| 2011-05-16 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-03-25 | Applicant's reply to respondent's argument, Completed on: 2011-03-25 | Mohammad Momin Khawaja |
| 2011-03-16 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-16 | Her Majesty the Queen |
| 2011-02-22 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-02-15 | Book of authorities | Mohammad Momin Khawaja |
| 2011-02-15 | Application for leave to appeal, (3 volumes), Completed on: 2011-02-15 | Mohammad Momin Khawaja |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Khawaja, Mohammad Momin | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Khawaja, Mohammad Momin
Counsel
Lawrence Greenspon
Eric Granger
Eric Granger
Greenspon, Brown & Associates
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: Her Majesty the Queen
Counsel
Nicholas E. Devlin
Croft Michaelson
Ian Bell
Croft Michaelson
Ian Bell
Public Prosecution Service of Canada
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6213
FAX: (416) 952-2116
Email: nick.devlin@ppsc-sppc.gc.ca
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6213
FAX: (416) 952-2116
Email: nick.devlin@ppsc-sppc.gc.ca
Agent
François Lacasse
Director of Public Prosecutions of Canada
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Attorney General of Ontario
Counsel
Michael Bernstein
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval
Counsel
Yan Paquette
Langlois Kronström Desjardins s.e.n.c.r.l.
801, Grande Allée Ouest, bureau 300
Édifice Mérici
Québec, Quebec
G1S 1C1
Telephone: (418) 650-7041
FAX: (418) 650-7075
Email: Yan.paquette@lkd.ca
801, Grande Allée Ouest, bureau 300
Édifice Mérici
Québec, Quebec
G1S 1C1
Telephone: (418) 650-7041
FAX: (418) 650-7075
Email: Yan.paquette@lkd.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Canadian Civil Liberties Association
Counsel
Anil K. Kapoor
Lindsay L. Daviau
Lindsay L. Daviau
Kapoor Barristers
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@adelaide
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@adelaide
Agent
Lawrence Greenspon
Greenspon, Brown & Associates
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: British Columbia Civil Liberties Association
Counsel
Robert A. Centa
Michael Fenrick
Kent Roach
Michael Fenrick
Kent Roach
Paliare, Roland, Rosenberg, Rothstein, LLP
Suite 501, 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4314
FAX: (416) 646-4301
Suite 501, 250 University Avenue
Toronto, Ontario
M5H 3E5
Telephone: (416) 646-4314
FAX: (416) 646-4301
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Canadian Charter of Rights and Freedoms — Criminal Law — Terrorism offences — Elements of offence — The constitutionality of the definition of “terrorist activity” as defined in section 83.01(1)(b)(i)(A) of the Criminal Code — Methods and sufficiency of proof of international terrorism crimes prosecuted under the Criminal Code — The principles of sentencing as applied to terrorism crimes
The applicant was convicted of building a detonator to cause a deadly explosion (a lesser included offence of wanting to cause an explosion at the behest of a terrorist group, keeping a deadly explosive substance (a lesser included offence of possessing an explosive substance with the intent of enabling a terrorist group to endanger others, participating in a terrorist group (a group based in London, England that plotted to bomb targets in Europe and the United Kingdom), instructing a person to finance terrorism, making available property to terrorists, contributing to a terrorist group and facilitating terrorism. In pre trial proceedings, the trial judge held that s. 83.01(1)(b)(i)(A) of the Criminal Code is unconstitutional and he severed it from the balance of s. 83.01. He otherwise dismissed constitutional challenges to terrorism provisions of the Criminal Code.
Lower court rulings
November 24, 2006
Ontario Superior Court of Justice
Ontario Superior Court of Justice
Application for a declaration that terrorism provisions of the Criminal Code are unconstitutional and of no force and effect allowed in part
October 29, 2008
Ontario Superior Court of Justice
04-G30282
Ontario Superior Court of Justice
04-G30282
Conviction for 7 terrorism-related offences
March 12, 2009
Ontario Superior Court of Justice
04-G30282
Ontario Superior Court of Justice
04-G30282
Sentence to 10.5 years imprisonment
December 17, 2010
Court of Appeal for Ontario
2010 ONCA 862, C50298, C50299
Court of Appeal for Ontario
2010 ONCA 862, C50298, C50299
Appeal from convictions and sentences dismissed; Cross-appeal from sentences allowed. Sentence for building a detonator to cause a deadly explosion increased to life imprisonment; remaining sentences increased to consecutive terms of imprisonment totallin
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Date modified: 2025-02-27