ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 10-30345
DATE: 2014/09/18
BETWEEN:
HER MAJESTY THE QUEEN
Plaintiff
– and –
Hiva Alizadeh
Defendant
Jason Wakely and Celine Harrington for the Crown
Leonardo Russomanno and Michael Purcell for the Defendant
HEARD: September 18, 2014
COMMENTS ON SENTENCE
C. McKINNON J.
[1] Mr. Alizadeh, your plea of guilty to the offence of possessing explosive materials for the purpose of endangering life or causing serious property damage involving Canadian citizens in their own homeland is one of the most serious offences in the Criminal Code. You are now a convicted terrorist. That fact carries with it an utterly deplorable stigma that is likely impossible to erase. You have brought untold shame upon your family, your community and peace-loving Muslims throughout this country. You have betrayed the trust of your government and your fellow citizens. You have effectively been convicted of treason, an act that invites universal condemnation among sovereign states throughout the world. It is almost impossible to divine what set of circumstances might have impelled you to embrace radical Islamist jihadist ideology. Nonetheless, you freely chose to participate in this radical activity and in so doing have ruined your life and those closest to you. Your actions were selfish in the extreme, deserving of the derision and contempt that you must endure, now and in the future.
[2] Thankfully for the citizens of Canada, the vigilant and tireless police work undertaken by CSIS and the RCMP, assisted and reinforced by a gifted team of prosecutors, has eradicated your diabolical intentions. To all those dedicated guardians of the peace, the court extends its thanks. You have had the benefit of the presumption of innocence, due process as guaranteed by our Charter of Rights and Freedoms and been represented by experienced and well prepared counsel, luxuries you would undoubtedly not provide to your intended victims.
[3] This court has no hesitation in sentencing you to 24 years in penitentiary, as urged upon me by counsel. In my view, 24 years in penitentiary constitutes a fair and just sentence for the heinous crime you have committed. You shall be credited at a rate of approximately one and one half days for each day spent in custody since your arrest, for a total of six years. That is appropriate because I take judicial notice of the notoriously difficult conditions that prevail at the Ottawa Regional Detention Centre where you have been incarcerated for the past four years. You shall be required to serve a further term of eighteen years in penitentiary. Pursuant to the provisions of section 743.6 of the Criminal Code, you shall not be entitled to apply for parole for nine years from this date. Pursuant to s. 487.04 of the Code, you shall be required to provide a sample of your DNA. Pursuant to s. 109 of the Code, you shall be prohibited from possessing weapons or any other dangerous substances for life.
Mr. Justice Colin McKinnon
Released: September 18, 2014
COURT FILE NO.: 10-30345
DATE: 2014/09/18
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
Plaintiff
– and –
Hiva Alizadeh
Defendant
Comments on Sentence
C. MCKINNON J.
Released: September 18, 2014