Wednesday, noon: Supreme court refuses terror suspect’s challenge of secrecy provisions
By SEAN McKIBBON, SUN MEDIA
The Federal Court of Canada has dismissed a constitutional challenge to the Canada Evidence Act by a man accused of terrorism.
Mohammed Momin Khawaja, facing seven terrorism-related charges under the Anti Terrorism Act, challenged a section of the evidence act which allows the government to present secret evidence to trial judges in ex parte hearings without the accused person being present.
However, Chief Justice Alan Lutfy of the federal court writes in his April 30 decision that while the section does violate the principle of open courts, it still takes into consideration the rights of accused persons and that a number of “procedural safeguards,” exist.
One of those safeguards, he writes, is that the Federal Court may where necessary, appoint a scrutiny cleared “amicus curiae,” lawyer to to read, hear, challenge and respond to the ex parte representations made on behalf of the government.
However Greenspon, responding to the decision, said he doesn’t believe the Canada Evidence Act allows for the appointment of an amicus curiae.
“If you make a secret hearing not secret anymore is it still unconstitutional? Probably not,” he said. “That’s not the question that was before the court.”
Greenspon said he and his client would wait to make a decision on appealing the decision until the release of another Federal Court decision expected later this week concerning disclosure of secret documents pertaining to the case.
Khawaja has been in jail for three years awaiting trial. Greenspon says he doesn’t believe his client’s criminal trial will begin before September.
Khawaja is accused of assisting a terror cell in the United Kingdom by allegedly designing a remote detonator for a fertilizer bomb and in securing funding for the organization.
This week a jury in London convicted five of the seven men initially accused of participating in the cell on a variety of terrorism-related counts.
"Khawaja is accused of assisting a terror cell in the United Kingdom by allegedly designing a remote detonator for a fertilizer bomb and in securing funding for the organization."
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