Dr. Garth Davies

The accused was charged with knowingly participating in or contributing to the activities of a terrorist group (Atomwaffen Division/National Socialist Order) for the purpose of enhancing the ability of the terrorist group to facilitate or carry out a terrorist activity, contrary to section 83.18(1) of the Criminal Code.

The Crown proved that the accused completed an application to join the terrorist organization, pledging loyalty and offering his skills as a mechanic and military training.

The court found that the accused knew AWD/NSO was a terrorist organization, participated in its activities by offering his skills, and did so for the purpose of enhancing the terrorist group's ability to carry out terrorist activity.

The accused was found guilty.

This decision concerns a motion for a directed verdict in a terrorism prosecution under section 83.18(1) of the Criminal Code.

The accused, Seth Bertrand, was alleged to have participated in or contributed to the activities of the Atomwaffen Division (AWD), a listed terrorist group, for the purpose of enhancing its ability to facilitate or carry out terrorist activity.

The court found that there was some evidence on each essential element of the offence, including the accused’s application to join AWD, his statements, and his actions, such that a properly instructed jury could convict.

The motion for a directed verdict was dismissed.