Following jury convictions for conspiracy to facilitate a terrorist activity and facilitating a terrorist activity, the court conducted a Gardiner hearing to determine disputed facts relevant to sentencing.
Applying s. 724 of the Criminal Code and the principles in R. v. Gardiner, the judge determined which aggravating facts were proven beyond a reasonable doubt and which alleged mitigating facts were established on a balance of probabilities.
The court found that the accused supported violent jihadist causes, assisted associates involved in terrorist activity, provided funds intended for foreign terrorists to purchase weapons and grenades, and participated in recruiting others into the group.
The court also addressed possession of explosive components but concluded that the purpose of that possession was not proven beyond a reasonable doubt in light of the jury’s acquittal on the explosives charge.
The decision sets out factual findings to guide the subsequent sentencing determination.
