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| Great White North |
| Canadian terror law challenged in court |
| 2009-04-08 |
| Said Namouh's computer held all sorts of videos, of American soldiers being blown up, the executions of "infidels" and a how-to guide on suicide attacks. But are these "jihadi" videos, and hundreds of online conversations drawn from the basement computer of the Moroccan native the underpinnings of terrorism, or were they simply the goings-on of a man practising his right to free expression? It's a central question to a case unfolding in a Montreal courtroom that is challenging the constitutionality of Canada's terror laws. "This whole business of promoting and advocating jihad is the heart of the case," said Namouh's lawyer, René Duval, outside the courtroom yesterday. "They believe my client has advocated criminal acts through jihad by putting things on the Internet." Duval contends that the terror laws, pushed through Parliament following the Sept. 11, 2001, attacks, contravene the constitutional rights to freedom of expression and religion. "They have the potential to catch both speech that is acceptable and that which is not," Duval said. Namouh faces charges of conspiracy as well as participating in and facilitating the activities of a terrorist group, and extortion on behalf of a terrorist group. The Crown says Namouh, 36, was a key member of the Global Islamic Media Front, considered a major propaganda arm of such terrorist groups as Al Qaeda. It's alleged Namouh edited, subtitled and disseminated many of the videos himself. A resident of Maskinongé, about 100 kilometres northeast of Montreal, Namouh was arrested on Sept. 13, 2007, for his alleged role in plotting terror attacks in Germany and Austria over their military role in Afghanistan. Yesterday's court proceedings revolved heavily around whether actions targeted by the legislation are forms of expression protected by the Charter of Rights and Freedoms because they don't involve violence. Judge Claude Leblond asked Duval if speech that encourages people to be martyrs or jihadists "is speech that supports and does not undermine freedom of expression?" "It's a genre of speech that is better controlled in the market of ideas than by legislation," Duval replied. Earlier, Duval told the judge, "when we criminalize propaganda, we criminalize a form of speech." Crown prosecutor Dominique Dudemaine, however, said the basic concept of jihad, which can be interpreted as "struggle," is not what the legislation is aimed at. It's the "incitement to blow something up." Dudemaine referred to judgments that have upheld Canada's terror laws, including last fall's conviction of Momin Khawaja, the first person charged under the Anti-Terrorism Act. Khawaja was found guilty of financing and facilitating terrorism and was sentenced last month to 10 1/2 years in prison. On balance, Dudemaine said, "the legislation is valid because it doesn't infringe on any rights." Among the many videos the Crown attributes to Namouh is one of BBC journalist Alan Johnston, kidnapped in Gaza in 2007 by the Army of Islam, a group affiliated with GIMF. (Johnston has been since freed.) |
| Posted by:ryuge |
| #1 Couldn't the prosecute him for the goat pr0n? |
| Posted by: Ebbang Uluque6305 2009-04-08 15:43 |