The appellant challenged terrorism convictions and sentence arising from his participation in and support of a group engaged in violent jihad, including training, financing, transporting supplies, and building remote detonator devices.
The court held that the definition of "terrorist activity" in s. 83.01(1)(b) of the Criminal Code did not infringe s. 2(b) of the Charter, rejected the trial judge's "chilling effect" analysis, and upheld the convictions.
The court also held that the armed conflict exception was unavailable and that judicial notice of basic facts concerning Afghanistan was proper.
On the Crown's cross-appeal, the court found the total sentence manifestly unfit and imposed life imprisonment with ten years before eligibility for full parole.
