Faisal Mirza

The appellants were convicted of kidnapping with intent to confine after holding an innocent victim for ransom over a drug dispute.

On appeal, they challenged the admission of a confession made by one appellant, arguing it was involuntary, violated Charter rights, and breached spousal privilege.

They also appealed their sentences, arguing they offended the parity principle compared to a co-accused who pleaded guilty.

The Court of Appeal dismissed the conviction appeals, finding no error in the trial judge's admission of the statement or refusal to edit out co-accused names.

The sentence appeals were also dismissed, as the sentences reflected the appellants' respective roles and were not a marked departure from the range.

The appellant, a youth at the time of his initial involvement, was convicted of participating in a terrorist group after attending training camps and committing acts such as shoplifting and removing a surveillance camera.

On appeal, he argued the trial judge misapprehended evidence, erred in admitting his post-arrest statement despite Charter breaches, improperly admitted hearsay evidence under the co-conspirators' exception, and failed to stay proceedings for abuse of process and entrapment.

The Court of Appeal dismissed the appeal, finding the trial judge's factual conclusions were supported by the record, the Charter breaches did not warrant exclusion of the statement under s. 24(2), the hearsay evidence was properly admitted, and the police conduct did not amount to entrapment or an abuse of process.