17 Arrested for Alleged Terror Plot

On Friday, a team of more than 400 officers led by the RCMP Integrated National Security Enforcement Teams (INSET) and involving the OPP, York, Durham and Peel regional police arrested 17 men on charges under the Anti-Terrorism Act. As it has unfolded in the past few days, the events touch upon a great many dimensions of security in Canada, and it is possible to consider the events as at once a snapshot of terror discourse in Canada and indeed north America, and an event that is likely to catalyze change.

It also comes it the wake of several significant events:

• The UK raid in on Friday morning in which one suspected ‘home-grown’ bomber was shot by police. A failure to locate evidence of the cyanide chemical bomb and a second shooting of a terror suspect are generating increasing concern.
• A second report on the London bombings by the London Assembly.
• The decision by CBSA to appeal Mohammed Harkat’s pending release on bail (see May )
• The new shoot to kill policy adopted by Ottawa police (see May entry)
• The ongoing struggle between Canadian and American officials over border security
• measures and immigration policy.
• Growing concern about the Canada’s role in Afghanistan and its possible on domestic security.
• The second US surveillance scandal.
• Statements by Jack Hooper that there is a homegrown threat in Canada, partly owing to the fact that CSIS can only vet an estimated 10 per cent of immigrants from Afghanistan and other countries of concern.

The Accused:

Five of the individuals were minors and cannot be named, the rest have been listed as:

• Fahim Ahmad, 21, Toronto;
• Zakaria Amara, 20, Mississauga, Ont.;
• Asad Ansari, 21, Mississauga;
• Shareef Abdelhaleen, 30, Mississauga;
• Qayyum Abdul Jamal, 43, Mississauga;
• Mohammed Dirie, 22, Kingston, Ont.;
• Yasim Abdi Mohamed, 24, Kingston;
• Jahmaal James, 23, Toronto;
• Amin Mohamed Durrani, 19, Toronto;
• Steven Vikash Chand alias Abdul Shakur 25, Toronto;
• Ahmad Mustafa Ghany, 21, Mississauga;
• Saad Khalid, 19, of Eclipse Avenue, Mississauga.

The Toronto Star has published brief profiles of each of the men, but media have been swift to uncover many details about their lives. All of the suspects are reportedly either born or long-naturalized Canadian citizens, prompting an enormous amount of discourse and speculation on the possibilities and extent of a home-grown threat in Canada. Yesterday, the McDonell announced that more arrests were likely and the investigation is not over.

The Charges

At the press conference Satruday, RCMP Asst. Commission Mike McDonell that the charges are of three types under section 83 of the Criminal Code as modified by the Anti-Terrorism Act, 2001:

Participating, Facilitating, Instructing and Harboring

83.18 (1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Prosecution

(2) An offence may be committed under subsection (1) whether or not

(a) a terrorist group actually facilitates or carries out a terrorist activity;

(b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

(c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

Meaning of participating or contributing

(3) Participating in or contributing to an activity of a terrorist group includes

(a) providing, receiving or recruiting a person to receive training;

(b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

(c) recruiting a person in order to facilitate or commit

(i) a terrorism offence, or

(ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;

(d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and

(e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit

(i) a terrorism offence, or

(ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.

Factors

(4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused

(a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;

(b) frequently associates with any of the persons who constitute the terrorist group;

(c) receives any benefit from the terrorist group; or

(d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.

2001, c. 41, s. 4.

83.03 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

(a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or

(b) knowing that, in whole or part, they will be used by or will benefit a terrorist group,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

2001, c. 41, s. 4.

83.2 Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life.

2001, c. 41, s. 4.

This is only the second attempt to prosecute alleged plots since the inception of the legislation, lending itself to speculation that authorities believe that the case is indeed strong.

Reactions:

CTV carries statements from both Steven Harper and Stockwell Day praising police and saying that current measures and security apparatus have worked and that the new government will continue to pursue the necessary means to keep Canadians safe. Both declined to detail what shape this pursuit might take or what measures had proven effective in this case. Among Harper’s comments on June 3^rd was the statement that Canada was threatened because of its values.

A mixed reaction is reported in the United States. Both George W. Bush and Condoleeza Rice have praised Canadian efforts as have FBI Chief Robert Mueller whose agency collaborated in the arrests in the course of investigating two men in Georgia and a handful of experts, but Chair of the Homeland Security Committee Peter King (R-NY) went as far as to say that:

"I think there is a disproportionate number of al-Qaeda in Canada because of their very liberal immigration laws, because of how political asylum is granted so easily."

This line of discourse is expected to further complicate the debate mentioned above regarding not only the feasibility but the desirability or even relevance of tightening border security.

While CBC reports that several high-level security officials will be traveling to Washington to liaise with lawmakers and counterparts, one issue that is conspicuous by its absence is the context of cross border information sharing. While the current system has been deemed to have ‘worked’, the true extent of cross border and global networking is unclear given the political bracing that seems to be occurring.

More to follow

- Jessica R