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Terrorist Plot to Sabotage Canada-U.S. VIA Train Foiled

The Bread Guy

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milnews.ca said:
Necrothread nudged with the latest...
Ontario's highest court has granted a new trial for two men who were found guilty of terrorism charges after being accused of plotting to derail a Via Rail passenger train in the Greater Toronto Area.

The Court of Appeal for Ontario ordered Tuesday that the 2015 convictions of Raed Jaser and Chiheb Esseghaier be set aside.

A new trial was ordered ...
Next:  trial by judge alone, IF The Supremes don't chime in* ...
Two men convicted of plotting to crash a Via Rail train have chosen to be tried by judge alone should their case not proceed to the Supreme Court of Canada.

The Ontario Court of Appeal overturned the 2015 convictions of Raed Jaser and Chiheb Esseghaier on terror-related charges related to an al-Qaida-inspired plot to derail a passenger train travelling between the United States and Canada.

The men were sentenced to life in prison with no chance of parole until 2023.

The appellate court ordered a new trial for the men, which is scheduled to begin in the Superior Court of Justice on Sept. 14, 2020.

The Crown has asked the Supreme Court to review the appeal court’s decision, which cited an error in jury selection as the reason for overturning the lower court’s ruling.

Superior Court Justice John McMahon says he is proceeding with the case assuming the Supreme Court chooses not to hear it.
* - According to the Supreme Court's own stats, there's about a 6% chance any appeal that is filed will be heard.
 

The Bread Guy

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The latest:  The Supremes will hear an appeal of the decision to give these two a new trial ....
The Supreme Court of Canada will review a lower-court decision to grant a new trial to two men accused of plotting to crash a Via Rail train.

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 of terror-related charges arising mainly from an alleged al-Qaida-inspired plot to derail a passenger train travelling between the United States and Canada.

Both men appealed their convictions. Counsel for Jaser and a court-appointed lawyer for Esseghaier argued the jury at the trial was improperly constituted.

In August last year, the Ontario Court of Appeal ordered a fresh trial for the men on grounds the jury was indeed chosen incorrectly.

Following the decision, the Public Prosecution Service of Canada said it would proceed with a new trial. However, federal lawyers also exercised a right to seek the Supreme Court's permission to challenge the appeal-court decision.

As usual, the high court gave no reason Thursday for agreeing to hear the case ...
 

The Bread Guy

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Verdict:  no new trial for YOU!
The Supreme Court of Canada says there should be no new trial for two men convicted of terrorism offences.

Raed Jaser and Chiheb Esseghaier were found guilty in 2015 of terror-related charges arising mainly from an alleged al-Qaeda-inspired plot to derail a passenger train travelling between the United States and Canada.

Both men appealed their convictions, with counsel for Jaser and a court-appointed lawyer for Esseghaier arguing the jury at the trial was improperly constituted.

In August last year, the Ontario Court of Appeal ordered a fresh trial for the men on grounds the jury was indeed chosen incorrectly.

In a hearing today (7 Oct), the Crown argued the convictions should not be overturned on the basis of a highly technical error in the jury-selection process that did not cause any harm to fair trial rights.

In a ruling from the bench, the Supreme Court essentially agreed and allowed the federal appeal, saying written reasons would follow.
 

blacktriangle

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These guys should be doing a perpetual "ride along" - strapped to the front of a VIA rail train.
 
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