Court File and Parties
Court File No.: CR-15-30544, CR-15-30203 Date: 2016/08/26 Ontario Superior Court of Justice
Between: Her Majesty The Queen – and – Ashton Larmond, Accused – and – Carlos Larmond, Accused – and – Suliman Mohamed, Accused
Counsel: D. Curliss, QC, R. Sonley and C. Harrington, for the Federal Crown J. Addelman and S. Robinson, for the Accused, Ashton Larmond F. Dulude and G. Barnes, for the Accused, Carlos Larmond L. Russomanno and L. Goldstein, for the Accused Suliman Mohamed
Heard: August 26, 2016
Comments on Sentence
C. McKinnon J.
[1] Ashton Laramond has pleaded guilty to knowingly instructing persons to carry out activities for the purpose of enhancing terrorist activity, contrary to s. 83.21 of the Criminal Code, R.S.C., 1985, c. C-46. The maximum sentence for that offence is imprisonment for life. His twin brother, Carlos, has pleaded guilty to attempting to leave Canada for the purpose of committing an offence which, if committed in Canada, would involve knowingly contributing to or participating in terrorist activity, contrary to s. 83.181 of the Criminal Code. The maximum sentence for that offence is 10 years in prison. Suliman Mohamed has pleaded guilty to conspiring to enhance the ability of a terrorist group to carry out terrorist activity, contrary to s. 465(1)(c) of the Criminal Code. The maximum sentence for that offence is 10 years in prison.
[2] The Larmond brothers have also pleaded guilty to a series of offences involving threats of death to correctional officers at the Ottawa Carleton Detention Centre, unlawfully communicating with each other after promising the court not to do so, and threatening death to fellow inmates in the Ottawa Carleton Detention Centre.
[3] The facts reveal that Ashton Larmond was the main contributor to this terrorist activity. All these young men are what we call "home grown" terrorists. Home grown terrorists constitute a unique threat to the safety of our community. They are part of a particularly virulent form of cancer that must be aggressively eradicated. Thankfully, the facts in this case indicate that the police authorities were always one step ahead of these would be evil-doers.
[4] In my reasons for sentence in R. v. Alizadeh, 2014 ONSC 5421, I commented that involvement in jihadist terrorist activity effectively amounted to the crime of treason. A conviction for a terrorist offence carries a stigma that can never be erased. Pledging allegiance to ISIL has nothing to do with honouring the memory of the Prophet Muhammad, nor advancing the goals of Islam. Rather, it has everything to do with utterly betraying the teachings of Islam and relentlessly and indelibly sullying the name of the Islamic religion. It constitutes a total rejection of all that is brave and right and honourable and embracing all that is hateful and cowardly and evil. Those who embrace ISIL are embracing the Devil. In so doing they betray themselves, their friends, their families, their fellow citizens, their religion and their country. They embody all the most odious forms of human frailty and, understandably, prompt a reaction of profound and rightly deserved contempt from all who value goodness and humanity in the world.
[5] The fact that these young men have pleaded guilty is a very positive sign in an otherwise bleak landscape. They are to be commended for saving the state the cost of lengthy and difficult trials. It is hoped that they now know the error of their ways and the utter futility of pursuing jihadist terrorist causes, which constitutes a one way street to inevitable disaster. They have informed the court that they profoundly regret the actions for which they have pleaded guilty and intend to become law abiding citizens upon their release from penitentiary. I sincerely hope, for their sakes, that the future bears out those hopes.
[6] All these individuals have been represented by highly experienced and respected counsel, as has the office of the Attorney General for Canada. A joint submission for the appropriate sentences has been placed before the Court. In my view, the joint submissions meet the guidelines which I set out in the case of R. v. Ahmed, 2014 ONSC 6153 and ought to be accepted. I express my gratitude to all counsel in succeeding in bringing these cases to a quick and effective conclusion.
Ashton Larmond
[7] Ashton Larmond shall be sentenced to a term of penitentiary totalling 17 years, less 894 days, which represents the 595 days spent in custody since his time of arrest, giving him credit at the rate of 1.5 days for 1. That is on the terrorism count.
[8] With respect to the offences arising out of the OCDC, a sentence on each of those counts to which he has pled guilty shall be 12 months concurrent to each other and concurrent to the 17 year sentence.
[9] Pursuant to the provisions of s. 743.6(1.2) of the Criminal Code, parole shall not be available until one half of his sentence has been served. Pursuant to s. 487.04 of the Code, Ashton Larmond shall be required to provide a sample of his DNA. Pursuant to s. 109 of the Code, Ashton Larmond shall be prohibited from possessing weapons or any other dangerous substances for life. I shall sign an order with respect to forfeiture of the offensive material that was found in his possession following a lawful search of his premises.
Carlos Larmond
[10] Carlos Larmond shall be sentenced to a term in the penitentiary of 7 years, less 894 days which represents the 595 days spent in custody since his time of arrest, giving him credit at the rate of 1.5 days for 1. That is on the terrorism count.
[11] With respect to the offences to which Carlos Larmond has pled guilty involving the prison authorities and the fellow guards, it is my understanding that Carlos Larmon had personally been badly beaten, which prompted the response that he and his brother undertook. However, it must be borne in mind that the law is bound to protect those who undertake the very challenging job of working in prisons and also protect the rights of inmates who are entitled to live in safety. On each of these offences, Carlos Larmond shall be sentenced to six months in prison, to be served consecutive to the seven year sentence. Each of those offences shall be served concurrent to each other.
[12] Pursuant to the provisions of s. 743.6 of the Code, Carlos Larmond shall not be entitled to apply for parole until one half of his prison term has been served. Pursuant to s. 487.04 of the Code, Carlos Larmond shall be required to provide a sample of his DNA. Pursuant to s. 109 of the Code, Carlos Larmond shall be prohibited from possessing weapons or any other dangerous substances for life. I shall sign an order with respect to forfeiture.
Suliman Mohamed
[13] Suliman Mohamed shall be sentenced to a term of imprisonment in the penitentiary for 7 years, less 889 days, representing credit for 593 days of pre-trial custody at the rate of 1.5 for 1.
[14] Pursuant to the provisions of s. 743.6 of the Criminal Code, Suliman Mohamed shall not be entitled to apply for parole until one half of his sentence has been served. Pursuant to s. 487.04 of the Code, Suliman Mohamed shall be required to provide a sample of his DNA. Pursuant to s. 109 of the Code, Suliman Mohamed shall be prohibited from possessing weapons or any other dangerous substances for life. As in the cases of his co-accused, I shall sign an order with respect to forfeiture.