COURT FILE NO.: CR-17-90000691-0000 DATE: 20190214 ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N: HER MAJESTY THE QUEEN - and - REHAB DUGHMOSH

Counsel: Jason J. Wakely and Jennifer Conroy, for the Crown Ms. Dughmosh, self-represented Ingrid Grant, Amicus Curiae

Heard: January 25, and 31, 2019

M. Forestell J.

Reasons for Sentencing

Overview

[1] Rehab Dughmosh was found guilty by a jury of four charges: leaving Canada for the purpose of participating in or contributing to a terrorist group in order to enhance the ability of the terrorist group to carry out terrorist activity, two counts of assault with a weapon for the benefit of at the direction of or in association with a terrorist group and possession of a weapon for a purpose dangerous to the public peace for the benefit of at the direction of or in association with a terrorist group.

[2] Ms. Dughmosh is self-represented. Prior to trial, Ms. Dughmosh agreed to a psychiatric assessment. She was diagnosed with a major mental illness but was found to be fit to stand trial.

[3] The trial was an unusual one. Ms. Dughmosh did not enter pleas to the charges. Pleas of not guilty were recorded on her behalf. Ms. Dughmosh did not participate in the jury selection. In the absence of a challenge from Ms. Dughmosh to any potential jury member, it was recorded that Ms. Dughmosh was content with each jury member.

[4] Ms. Dughmosh admitted all of the facts alleged by the Crown. The agreed facts made out the essential elements of the offences. Ms. Dughmosh, prior to trial, had indicated her understanding of the nature of the admissions and her understanding that admitting the facts would lead the jury to find her guilty of the offences. She had also indicated that she understood she had the right to challenge the potential jury members for cause and did not wish to do so.

[5] The trial was completed over two half days. The only evidence called at the trial was the agreed statement of fact which was admitted by Ms. Dughmosh before the jury.

Positions on Sentencing

[6] Ms. Dughmosh made no submissions on sentencing except to indicate that she did not agree with the position of the Crown.

[7] Without the mitigation of the mental illness, the Crown submitted that a global sentence in the range of 12 years would have been appropriate.

[8] However, in the unique circumstances of this case, the Crown sought a global sentence of 8 years. The Crown submitted that sentences of 4-years for the offence of leaving Canada to participate in the activities of ISIS, 18 months for each of the offences of assault with a weapon for the benefit of ISIS and 12 months for the offence of weapons dangerous for the benefit of ISIS were appropriate. Sentences for these offences must, by law, be consecutive to each other.

[9] At the outset, I wish to commend Crown counsel on their conduct of this difficult case. In their approach to the trial process and to the sentencing in this case, Crown counsel have acted in a highly principled manner. They have advanced the important objectives of deterrence, denunciation and the protection of the public but have also acknowledged the unique circumstances of Ms. Dughmosh and her illness.

General Sentencing Principles

[10] I will begin by reviewing some general sentencing principles that apply to all cases before moving to the more specific principles that are the focus of this case.

[11] The fundamental purposes of sentencing are to protect society and to contribute to respect for the law and the maintenance of a just, peaceful and safe society. These purposes are advanced by imposing sentences that denounce unlawful conduct and the harm done to the victims or the community, that deter the offender and others from committing similar offences, that separate the offender from society where necessary, that rehabilitate the offender and that promote a sense of responsibility in the offender and an acknowledgment of the harm done.

[12] The fundamental principle that governs the determination of an appropriate sentence is that the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the offender.

[13] Other principles which govern sentencing and must be taken into account are: that the sentence should be similar to sentences imposed on similar offenders for similar offences; that the sentence should be increased or reduced, taking into account any aggravating or mitigating circumstances; and that, where consecutive sentences are imposed, the total combined sentence should not be unduly long or harsh. When sentencing a first offender or a youthful offender the sentence should constitute the minimum intervention necessary to achieve the relevant sentencing objectives.

[14] In order to apply these principles and to determine the appropriate sentence for Ms. Dughmosh, I must take into account the circumstances of the offences and the circumstances of Ms. Dughmosh.

The Circumstances of the Offences

[15] The circumstances of the offences are set out in the agreed statement which was filed as an exhibit at trial. A copy of the Agreed Statement of Facts is attached to these reasons as Appendix “A”.

[16] Ms. Dughmosh admitted the facts before the jury and she was found guilty by the jury based on the admitted facts. On her first appearance following the jury verdicts, Ms. Dughmosh advised that she was withdrawing her admission for religious reasons. She confirmed that the admitted facts were true, but wished to withdraw the admission. The admitted facts remain the foundation for the findings of guilt. I have no jurisdiction to interfere with the jury’s verdicts based on Ms. Dughmosh’s post-verdict withdrawal of the admission. I therefore rely on the admission as forming the basis for the convictions.

[17] The facts may be summarized as follows.

(1) In April 2016 Ms. Dughmosh attempted to travel to Syria to join ISIS. She flew from Toronto to Turkey and intended to cross the border into Syria from Turkey. Ms. Dughmosh’s brother alerted the authorities to her intention. Ms. Dughmosh was not permitted to enter Turkey and returned to Toronto. The RCMP investigated Ms. Dughmosh upon her return to Canada, but at that point she told the RCMP that she had only intended to visit family. The investigation was closed.

(2) On June 3, 2017 Ms. Dughmosh attacked people at a Canadian Tire store in Toronto. Before the attack she declared that her attack was for ISIS, she unfurled a homemade ISIS banner and she tied a bandana with the ISIS symbol around her head. She swung a golf club at one employee. When the golf club was taken from her she swung a knife at another employee.

(3) Her attempt to assault the people at the store was largely unsuccessful. She was disarmed and restrained by employees of the store. One man suffered some bruising but no one was seriously injured. During the time that she was restrained she told the employees that she was from ISIS and that she wanted revenge for Muslims.

(4) In a subsequent statement to the police, Ms. Dughmosh indicated that her 2016 trip to Turkey was for the purpose of joining and assisting ISIS. She told the authorities that her attack was planned over a period of months and that she had purchased an archery bow and arrows and had practiced shooting the arrows. She had made a number of weapons which she intended to use in her attack. Her ex-husband had taken the bag containing the weapons from Ms. Dughmosh when he encountered her on her way from their residence.

(5) Ms. Dughmosh’s statements and the ISIS propaganda videos subsequently found on her phone demonstrate her awareness of the objectives and methods of ISIS and her support of the terrorist activities of ISIS.

Circumstances of Ms. Dughmosh

[18] Ms. Dughmosh is now 34 years-old. She was 31 years-old at the time of the first offence and 32 years-old at the time of the Canadian Tire attacks. She has no criminal record.

[19] Ms. Dughmosh’s background is set out in some detail in the report of Dr. Sumeeta Chatterjee which was prepared pursuant to a court order made by Brown J. in October of 2018. The report addresses the issue of whether the defence of “not criminally responsible” would be available to Ms. Dughmosh. Neither Ms. Dughmosh nor the Crown chose to raise criminal responsibility at trial. I have not relied on Dr. Chatterjee’s opinion with respect to the availability of that defence. Moreover, Ms. Dughmosh has taken the position at sentencing that she told Dr. Chatterjee things that were false. I have not relied on the information provided to the doctor by Ms. Dughmosh. Much of the background information was provided to Dr. Chatterjee by members of Ms. Dughmosh’s family.

[20] Ms. Dughmosh was born in Damascus, Syria and raised there by her two parents. She lived with her parents and three siblings until she married and moved to Canada. Although her family members described her as stubborn, they also described her as kind, shy and anxious. Her family is Sunni Muslim. Ms. Dughmosh was not overly religious growing up. She was not aware of or involved in the political or religious ideas of Salafi Jihadism when she was in Syria. She did not have any serious psychiatric symptoms growing up, but in her teens she experienced anxiety and began compulsively pulling out her hair for a period of time. Her symptoms are reported to have improved without intervention.

[21] Ms. Dughmosh completed high school and attended Damascus University, completing a programme in Assistant Engineering. She graduated at age 20 and then took courses in English and computers for one year. She worked as a dental nurse and as a science teacher for brief periods of time. In 2007 she became engaged. She married her husband in 2009. Shortly after her marriage, she moved to Canada to join her husband. After moving to Canada she took a course to improve her English. Her first child was born in 2010 and she remained at home after the birth of her child. She had a second child three years later. For her first few years in Canada she attended mosques with her family. The mosques she attended did not endorse ISIS. Ms. Dughmosh began to explore extremist religious and political groups around 2013-2014. She researched ISIS online. Her husband, siblings and parents all disagreed with her new beliefs.

[22] Ms. Dughmosh had no significant psychiatric issues until approximately 2013 or 2014. Ms. Dughmosh’s husband reported that Ms. Dughmosh’s behaviour began to change around that time. She stopped going to the mosque, began wearing the niqab and went out less with her husband and children. Her family members reported that by 2015 Ms. Dughmosh was speaking about feeling unsafe and thinking that people were taking videos or pictures of her. She spoke of being a fan of ISIS. After her unsuccessful attempt to enter Syria in April of 2016, her husband reported that she became increasingly paranoid. Ms. Dughmosh and her husband fought over her behaviour. Ms. Dughmosh began to cover openings in their home such as telephone jacks and light fixtures. Police found such things covered when they executed a search warrant after Ms. Dughmosh’s arrest. They also retrieved ISIS propaganda videos from her phone.

[23] In September 2016 Ms. Dughmosh and her children travelled to Dubai to see Ms. Dughmosh’s brother. Her husband accompanied them for the first part of the visit. Ms. Dughmosh continued to feel that she was being watched. Her behaviour created conflict with her brother. She stayed briefly with an uncle before returning to Canada. She and her husband separated, although they continued to reside in the same apartment. Her husband tried to convince Ms. Dughmosh that her fears were delusional, but she could not accept this. They moved apartments to alleviate her concerns, but the same concerns quickly surfaced at the new apartment. Prior to the offences at Canadian Tire, Ms. Dughmosh rarely left the apartment and rarely left her bedroom.

[24] Dr. Chatterjee, based on the background information provided and based on medical records and psychological testing, was of the opinion that Ms. Dughmosh has a major mental illness, likely schizophrenia but possibly an unspecified anxiety disorder. She was of the opinion that Ms. Dughmosh’s preoccupation with extreme religious views was not in itself delusional, but that the preoccupation began in the early stages of her illness. She explained in her report that this phenomenon was not unusual for individuals experiencing a first episode of psychosis. Dr. Chatterjee wrote at page 52 that “in the context of an evolving delusional process and corresponding confusion and distress, the adoption of a new or exaggerated belief system serves to provide a more stable sense of self at a time when self-concept and personality are undergoing significant changes. For these individuals, the new belief system may help them regain control and make sense of their experiences. The choice of which belief system to gravitate towards, will be primarily influenced by their social, cultural and political context. While Ms. Dughmosh’s extreme religious belief system does not in itself appear to be delusional in nature, her drive towards this extremist ideology and the accompanying anger towards “non-believers” was likely intensified by the emerging psychosis that rendered her paranoid, distrustful of her environment and unstable in her sense of self.”

[25] Dr. Chatterjee’s report summarizes records from Vanier Center for Women where Ms. Dughmosh was detained following her arrest. From her arrest in June of 2017 until around December 2017, Ms. Dughmosh refused treatment and was actively psychotic. She experienced hallucinations and delusions and expressed an intention to kill all non-Muslims and Muslims who side with non-Muslims. By November 17, 2017 her psychotic symptoms were worsening and causing her considerable distress. On December 1, 2017 she agreed to try an anti-psychotic medication other than Risperidone. It is not clear when she began taking medication, but the report indicates that she was taking aripiprazole (Abilify) by February of 2018. She continued to experience symptoms, including command hallucinations but felt better and said that she did not plan to act on the commands. She continued to refer to delusions. By July 23, 2018 the records indicated that Ms. Dughmosh was in partial remission on medication.

[26] Records from Vanier Center for Women, from August 2018 until the end of December 2018 were filed on sentencing. These records disclose that Ms. Dughmosh has continued to receive treatment for her mental illness. She has been compliant with treatment and her mental health has continued to be stable. Her psychotic illness is described on November 11, 2018 as being in partial remission. At that point she was experiencing command hallucinations, telling her to harm herself but she denied any intention to act upon the commands. The records show a high level of cooperation by Ms. Dughmosh with the medical professionals at the detention center.

[27] Dr. Chatterjee’s report states that Ms. Dughmosh continued to endorse pro-ISIS sentiments even in the absence of actively psychotic symptoms. However, her beliefs were expressed with less intensity. Ms. Dughmosh denied any violent ideation.

The appropriate sentence to be imposed given the circumstances of this offender and this offence

Aggravating and Mitigating Factors

[28] In any sentencing, the court must consider any aggravating and mitigating factors with respect to the offence and the offender. Mitigating factors need only be proven on a balance of probabilities on sentence. Aggravating factors must be proven by the Crown beyond a reasonable doubt.

[29] In this case there are aggravating factors. Ms. Dughmosh took steps to plan her attack and intended to harm and scare many people. The planning and preparation extended over a long period of time. The organization she supports, ISIS or ISIL, is a notoriously violent terrorist group responsible for bombings, suicide attacks, hostage takings and video-recorded beheadings of innocent civilians.

[30] Deterrence of the offender and deterrence of like-minded individuals as well as denunciation of the conduct are the paramount objectives in sentencing an offender for terrorism offences because of the seriousness of these offences. As Durno J. wrote in R. v. Khalid such offences have an enormous effect on the public. Their object being to “strike fear and terror into the citizens in a way not seen in other criminal offences”. Sentencing cases for terrorism offences have consistently emphasized the need to strongly denounce these types of crimes and to send a message that the commission of such crimes will result in lengthy prison sentences.

[31] Most recently, the Court of Appeal in R. v. Hersi upheld a sentence of 10 years for a first offender convicted of attempting to participate in a terrorist group and counselling another person to participate in a terrorist group. In upholding the sentence, Doherty J.A. wrote:

There is no doubt that the sentence is severe. It had to be. Terrorists, like the appellant, pose an existential threat to the Canadian community and to the Canadian way of life. They are not criminals in the normal sense. They are worse. Terrorists stand prepared to engage in virtually any form of murder or mayhem if it furthers their ideology. When people determined to wreak havoc in our community are caught and convicted the courts must impose sentences that reflect the community’s moral outrage and the very real danger posed by those individuals to the community.

[32] It is a mitigating factor that Ms. Dughmosh admitted the facts and the trial was, as a result, very short. No witnesses were required to attend and testify. It is also mitigating that Ms. Dughmosh, prior to these offences, was a law-abiding citizen. Ms. Dughmosh’s mental illness is the most significant mitigating factor on sentence in this case for the reasons that I will discuss in more detail.

Mental Illness

[33] The impact of Ms. Dughmosh’s illness on her sentence is complex because there is a tension between the objectives of rehabilitation through treatment and the need to protect the public from the danger posed by Ms. Dughmosh and her continued adherence to the ideology of ISIS.

[34] In R. v. Batisse, our Court of Appeal held that where mental illness plays a central role in the commission of an offence, deterrence and punishment assume less importance. Gillese J.A. explained at paragraph 38 of Batisse: “[W]here offenders commit offences while they are out of touch with reality due to mental illness, specific deterrence is meaningless to them. Further general deterrence is unlikely to be achieved either since people with mental illnesses that contribute to the commission of a crime will not usually be deterred by the punishment of others. As well, severe punishment is less appropriate in cases of persons with mental illnesses since it would be disproportionate to the degree of responsibility of the offender. In such circumstances the primary concern in sentencing shifts from deterrence to treatment as that is the best means of ensuring the protection of the public and that the offending conduct is not repeated.”

[35] Prospects for rehabilitation merit consideration on sentencing for terrorism offences as they do in sentencing for any other offences. In this case, assessing Ms. Dughmosh’s prospects for rehabilitation is complex. Ms. Dughmosh is a first offender. Before the commission of these offences she was a law-abiding mother of two young children. The commission of the offences coincided with the onset of a major mental illness. While her mental illness does not absolve her of responsibility, it was clearly a causal factor in her commission of these offences. I find that she was experiencing the onset of a mental illness and this caused her to adopt an extremist belief system. There is a sufficient causal link between her illness and all four of the offences for the illness to be a mitigating factor on sentencing. Treatment of her illness can be expected to lead to her rehabilitation.

[36] I recognize, however, that Ms. Dughmosh, even with treatment and partial remission of her illness, continues to endorse extremist beliefs. Her continued support for the objectives of ISIS must be considered on sentencing because that continued support for ISIS, even though it is related to her illness, may make Ms. Dughmosh dangerous to the public.

[37] The protection of the public is an important sentencing objective where a symptom of the offender’s illness increases her dangerousness. In such cases, the sentence imposed must be sufficiently lengthy to allow for treatment and risk assessment before release. This principle was discussed by Code J. in R. v. Essegahier. In Essegahier, the offender had refused all treatment and denied that he had a mental illness. In those circumstances, Code J. held that a mental illness would not be a mitigating factor on sentence because of the continuing dangerousness of the offender and the need to protect the public. Ms. Dughmosh’s circumstances are distinguishable from Mr. Essegahier’s. Ms. Dughmosh lacks full insight into her illness, but she recognizes that she has an illness and she has been accepting treatment for over one year. While she continues to hold extremist beliefs, the intensity of her beliefs and her preoccupation with those beliefs has already diminished significantly with treatment.

[38] In arriving at an appropriate sentence for Ms. Dughmosh I have considered the protection of the public and the need for further stability in Ms. Dughmosh’s mental illness before release. I have also considered the improved mental state of Ms. Dughmosh and her progress over the last year.

Range of Sentence

[39] I have considered the sentences imposed on similar offenders for similar offences. Of course, no two cases are identical. Sentencing is a highly individualized determination.

[40] In other cases, the offence of leaving Canada to participate in the activities of a terrorist group has attracted sentences ranging from 4 1/2 to 10 years for a first offender. The proposed sentence of 4 years is appropriately at the low end of that range.

[41] There is little assistance in the case law to establish a range of sentence for the three offences relating to the Canadian Tire attack. The offences themselves are serious, having been committed for a terrorist group. However, other than the planning involved in the attacks there are no significant aggravating factors.

Totality

[42] In determining an appropriate sentence, the totality of the sentence and its impact on the offender must also be considered. Even if the individual sentences proposed are appropriate for the individual offences, if the total sentence is unduly harsh or is not just and appropriate, lower individual sentences should be imposed.

Conclusion

[43] Having weighed the relevant factors and sentencing principles, I have concluded that a global sentence of 7 years is appropriate. I find that the central role played by Ms. Dughmosh’s illness is a significant mitigating factor. It plays a particularly central role in the attacks at Canadian Tire. Her symptoms were intense and overwhelming at that point. Her illness also played a role in her commission of the offence of leaving Canada to participate in a terrorist group because her illness rendered her vulnerable to extremist beliefs.

[44] Ms. Dughmosh’s cooperation with treatment over the last year provides reason for optimism with respect to her rehabilitation and reintegration into society. All of the offences committed by Ms. Dughmosh were serious and merit a period of incarceration, but I find that the sentencing objectives of deterrence and denunciation can be met by a sentence of 4 years on the offence of leaving Canada to participate in ISIS, sentences of 14 months on each of the counts of assault with a weapon for ISIS and 8 months for the offence of weapons dangerous. The global sentence is sufficiently long to permit Ms. Dughmosh to continue her rehabilitation and for the Parole Board to determine the appropriate form of release to facilitate Ms. Dughmosh’s safe re-entry to the community.

[45] Parole must be delayed for an offender convicted of these offences unless the court is satisfied that deterrence and denunciation can be adequately served by parole being determined in the ordinary course. I agree with the Crown’s submission that this is a case where, having regard to the circumstances of the offence and the offender, deterrence and denunciation are adequately served by parole being determined in the ordinary course. The Parole Board will be in the best position to assess Ms. Dughmosh’s progress and any danger that she may pose to the public.

[46] I wish to make it quite clear that the sentence that I am imposing is significantly less than would be imposed on an offender who did not have a major mental illness. I agree with the Crown that in such a case, a sentence of 10-12 years imprisonment would have been appropriate. The lower sentence in this case also takes into account the treatment that Ms. Dughmosh has accepted over the past 15 months. Absent treatment and progress, the protection of the public would have required the imposition of a longer sentence.

Order

[47] I therefore impose the following sentence:

(1) On Count 1: 4 years’ imprisonment (2) On Count 2: 14 months to be served consecutively; (3) On Count 3: 14 months to be served consecutively to all other counts; (4) On Count 4: 8 months to be served consecutively to all other counts.

Ms. Dughmosh has been in custody for 623 days. She is entitled to credit at 1.5 to 1 or 935 days. Her total sentence left to serve is therefore 1,620 days or 4 years and 160 days. Pursuant to s. 743.6(1.2) of the Criminal Code, I order that parole be determined in the ordinary course.

[48] I make an order that Ms. Dughmosh provide a sample for DNA analysis and a s. 109 prohibition order prohibiting Ms. Dughmosh from possessing all weapons for life.

[49] I make a further order under s.490.1 of the Criminal Code that the weapons, banner and ISIS propaganda seized in this case be forfeited.

M. Forestell J.

Released: February 14, 2019

Appendix “A”

The Islamic State of Iraq and Syria (ISIS)

1. The Islamic State of Iraq and Syria (ISIS) is designated as a Terrorist Group pursuant to section 83.05 of the Criminal Code. This group is also known as the Islamic State in Iraq and the Levant (ISIS), the Islamic State (IS); in Arabic it is known as Daesh.

2. At all material times, the leader of ISIS was a man known as Abu Bakr Al Baghdadi. In 2014 ISIS militarily conquered portions of territory in Syria and Iraq. Abu Bakr Al Baghdadi proclaimed that this territory controlled by ISIS would be the Islamic Caliphate.

3. From at least 2014 onwards, ISIS has called on their supporters to emigrate to Syria to join ISIS.

April 2016

4. In April 2016 Rehab Dughmosh attempted to travel to Syria to join ISIS. On April 24, 2016 she flew on an Air Canada flight from Toronto Pearson Airport, located in the City of Mississauga, to Istanbul, Turkey. She intended to continue from Istanbul to Gazientep, Turkey, a city near the border with Syria. At that time, it was common for people seeking to join ISIS to travel first to Gazientep and then cross the border into ISIS-controlled territory in Syria.

5. While Ms. Dughmosh’s plane was en route, her brother, Mr. Khalid Dughmosh, contacted the RCMP. Khalid Dughmosh said that his sister, Rehab Dughmosh, was presently flying from Toronto to Istanbul, Turkey, with the intention of continuing onward into Syria to join ISIS. The RCMP notified Turkish authorities. When Ms. Dughmosh’s plane landed in Istanbul, Turkish authorities refused to allow her into the country. Instead, they put her on the next Air Canada flight back to Toronto.

6. That flight arrived in Toronto on April 25, 2016. Upon arrival, Ms. Dughmosh was interviewed by the RCMP. She claimed that the purpose of her trip had been to visit family in Damascus, Syria. She denied that the purpose of her trip had been to join ISIS. After a follow-up interview with Ms. Dughmosh in June 2016, the RCMP chose not to lay any charges. They closed their file.

7. As detailed below, on June 3, 2017 Rehab Dughmosh attacked several people at a Canadian Tire store in Scarborough, Ontario. She declared that she was from ISIS and that her attack was for ISIS.

8. In her post-arrest interviews, Ms. Dughmosh admitted that the true purpose of her trip to Istanbul on April 24, 2016 was to join ISIS. It was not simply to visit family in Damascus, as she had claimed. Rather, it was to join ISIS, to live with them in the Caliphate, and to help them in their jihad (meaning their armed and violent struggle under the Islamic Banner). She believed in their ideology and supported their objectives. As detailed below, she had unilaterally pledged allegiance to their leader, Abu Bakr Al Baghdadi.

June 3, 2017

9. After returning from Turkey, Ms. Dughmosh resumed living with her husband, Anas Hanafy and their two children. As of June 3, 2017 Ms. Dughmosh and Mr. Hanafy were religiously divorced but not yet civilly divorced. They lived separate and apart but under the same roof in apartment #314 at 35 Confederation Drive, Scarborough.

10. At some point in the spring of 2017 Ms. Dughmosh started to make home-made weapons in contemplation of an attack in Toronto. On March 30, 2017 she attended the Canadian Tire store in Cederbrae Mall, located at 3553 Lawrence Avenue East, Scarborough. She purchased an archery set, which included a compound bow and two arrows, and black spray paint, which she later used to create an ISIS banner. Subsequently, she made an array of handmade weapons, which are detailed below.

11. On June 3, 2017 Ms. Dughmosh decided that it was time to use her weapons to conduct an attack. She packed the home-made weapons into several bags, and concealed both the archery bow and an eight inch butcher’s knife beneath her robe. Shortly after 4:00 p.m. she left her apartment, carrying the bags. She then unexpectedly encountered Mr. Hanafy in the lobby of their apartment building. Mr. Hanafy asked what was in the bags. He checked one of the bags, saw its contents, and confiscated all the bags from Ms. Dughmosh. Mr. Hanafy brought the bags into their apartment. Ms. Dughmosh tried to regain the bags, but he refused to return them. At that time, Mr. Hanafy did not know that Ms. Dughmosh still had two additional weapons concealed beneath her clothing: the butcher’s knife and the compound bow.

12. At approximately 4:40 p.m. Ms. Dugmosh left the building. She walked directly to the Canadian Tire store in Cedarbrae Mall located at 3553 Lawrence Avenue East, Scarborough. She entered the store at 4:45 pm. At 4:49 p.m. Ms. Dughmosh went to the Sporting Goods section and located a set of arrows, which were locked in a display case. She told an employee that she wished to purchase the arrows. The employee said he could not simply hand her the arrows. It was store policy not to give arrows or other items like knives out to customers in the store but to provide them directly to the cashier. Ms. Dughmosh was unable to pay for the arrows because she had not brought any money to the store.

13. Ms. Dughmosh then left the Sporting Goods section. For the next several minutes she walked through the store, examining various tools and putting some into a red shopping basket. The tools included a hammer, heavy wrenches, and pliers. She then returned to the Sporting Goods section and approached a display of golf clubs by the counter. She picked up a driver club, held it by the head, and walked down the aisle and out of sight.

14. At 5:08 p.m. Ms. Dughmosh took a shopping cart and pulled it back to the aisle where she had left the red shopping basket and the golf club. She placed the golf club and the shopping basket into the shopping cart. At 5:12 p.m. Ms. Dughmosh removed from beneath her robe a black and white ISIS banner and tied a black bandana bearing the ISIS symbol around her head. She removed the archery bow from beneath her robe and slung it over her shoulder. She then pushed the shopping cart into the main aisle, placed the bow into the shopping cart, grasped the golf club in her right hand, and moved quickly down the aisle toward the Paint Section.

15. Three Canadian Tire employees (David Benham, Seymone Beckford and Naima Tourabi) were in the Paint Section assisting two customers (Viyagulam Fernando and John Hastings). Ms. Dughmosh charged towards them, swinging the golf club and repeatedly shouting Allahu Akhbar and “This is for ISIS”. As Ms. Dughmosh was about to swing the club at Ms. Tourabi, Ms. Tourabi reached out and grabbed Dughmosh’s arm. Mr. Benham intervened and was able to wrestle the golf club out of Dughmosh’s hands. Ms. Dughmosh then immediately pulled the butcher’s knife from beneath her robe. She started to swing the knife at Mr. Benham in a slashing motion. Mr. Benham was able to grab her right arm, which held the knife, and with the assistance of Mr. Fernando was able to wrestle Ms. Dughmosh to the ground. She still had the knife in her hand at this point.

16. Another Canadian Tire employee, Kyle Craig, rushed to the Paint Section to help. He assisted Benham and Fernando in establishing control over Ms. Dughmosh, who was still resisting on the ground. Eventually Mr. Craig was able to pry the knife from her hand.

17. Mr. Craig and Mr. Benham held Ms. Dughmosh on the ground while waiting for police to arrive. Craig and Dughmosh engaged in a discussion that was recorded on a cell phone. Craig asked: “Why did you come in here? Because of ISIS?” Dughmosh replied, “Yes.” Craig asked, “Why are you in here trying to stab people?” Dughmosh replied, “When you kill us, we will kill you.” Minutes later Dughmosh said “I’m coming to kill you. Yes, when you kill Muslims you have to pay it, from your blood. You’re killing Muslims.” Dughmosh then explained that she had previously attempted to leave Canada to join ISIS, but had been turned back at the Turkish border. Mr. Craig asked, “And in the meantime you’re trying to kill people in Canada?” Dughmosh replied, “Yes”. Craig asked, “Why, what’s that gonna give you?” Dughmosh replied, “Revenge for Muslims. To stop killing Muslims in Syria and Iraq…You’re killing ISIS, I’m from ISIS, ISIS is Muslims, stop killing Muslims.”

18. Nobody was seriously injured during the incident. Mr. Benham’s hand was bruised when he wrestled Ms. Dughmosh to the ground, and she subsequently bit his arm, but the bite did not break skin.

19. At approximately 5:40 p.m. Toronto Police Service (TPS) officers arrived on scene and arrested Ms. Dughmosh. However, because of the nature of Ms. Dughmosh’s offences, officers from the RCMP Integrated National Security Enforcement Team (INSET) assumed responsibility for the investigation.

Interview of Ms. Dughmosh

20. On Sunday, June 4, 2017 Ms. Dughmosh was interviewed by INSET investigators. She explained that she had been supportive of ISIS since 2014. She read about them on the internet and watched their videos on her iPhone. Ms. Dughmosh said that she had pledged allegiance to Abu Bakr Al Baghdadi, the leader of ISIS. However, she had done this unilaterally. Nobody from ISIS had actually received her pledge. She said that it was sufficient that Allah had witnessed the pledge.

21. Ms. Dughmosh said that in April 2016 she had travelled to Turkey intending to continue into Syria to join ISIS. She wanted to live in the Islamic State and help ISIS. Her family opposed this, but she persisted until she was turned away by Turkish authorities in Istanbul.

22. Asked about the Canadian Tire attack, she explained that she had been thinking about doing this for a long time. She had purchased the materials to make her ISIS banner and home-made weapons more than a month ago. (Canadian Tire records show that she purchased the archery bow and the black spray paint on March 30, 2017.) She had practiced shooting arrows from the bow. She spent several days making the weapons. Her plan was to go someplace where there would be many people and use the weapons to hurt and scare them. She put this off several times, but finally on Saturday, June 3, 2017 she decided that today was the day to conduct the attack because there would be many people at the mall.

23. After Mr. Hanafy confiscated the bags of home-made weapons, she decided to return to Canadian Tire because that was where she had originally purchased the material to make her home-made weapons. She walked through the store looking for tools she could use to hit or throw at people. She said she wanted to hurt people, and make them feel fear, but not kill them. She said the home-made weapons she had made were designed just to hurt people, not to kill them.

24. Asked why she wanted to hurt people, Ms. Dughmosh said it was because “you kill Muslims”. She said that Allah and ISIS told believers to “kill who is killing us”. Asked whether the people in Canadian Tire were responsible for killing Muslims, she said that when the government kills Muslims and ordinary people remain silent, that means they are okay with it. If they do not demand that the government stop, then they agree with it. Additionally, she said, the people at Canadian Tire are not Muslims, and the Quran instructs us to kill every non-Muslim kuffar until they convert or submit to the Islamic State. Ms. Dughmosh also reiterated her belief that Canadian authorities had installed cameras in her home to monitor her.

25. Ms. Dughmosh explained that she feels good when she sees news of ISIS terrorist attacks, such as the recent attacks in Belgium, France and Britain. She wanted news of her own attack to be published; she believed ISIS would be happy with what she had done.

26. Dughmosh said that overall she was happy with what she had done. She was disappointed that she failed to hurt anyone in her attack but also stated that the important thing was to try. Even after being arrested she did not regret doing what she did. She said that at some point, God willing, she would like to be a martyr.

The search of Ms. Dughmosh’s residence

27. On June 4, 2017 the RCMP obtained a warrant to search Ms. Dughmosh’s residence, located at 35 Confederation Drive, apartment 314, Scarborough. At 7:00 p.m. the RCMP executed the warrant. Among other things, they found the following.

28. There was a storage closet beside the kitchen. The closet contained the bags that Mr. Hanafy had confiscated from Ms. Dughmosh the day before.

29. The red cart contained a large quantity of tools and makeshift weapons, including: a hammer, two 25-inch archery arrows; the bow case for an archery set; thirty-one 15-inch metal barbecue skewers; seventy-six 9-inch straws with screws glued to the tip and stiffened with paper and tape.

30. The red bag contained thirty-six handmade weapons – namely cardboard handles with protruding screws.

31. The black duffle bag contained four knives, scissors, a child’s shovel converted into claws, a screwdriver, and nail polish remover and cotton balls.

32. Ms. Dughmosh’s iPhone was seized from her bedroom. Among other things, it contained two propaganda videos prepared by Ninawa Wilayah, which is the media arm of ISIS. One was a 44 minute video entitled (translated to English) “We Will Surely Guide Them to Our Ways”. This video was saved onto the iPhone5 on May 17, 2017 and had been viewed seven times since then. The other was a 24-minute video entitled (translated to English) “Answer the Call”. This video was saved to the iPhone5 on May 19, 2017 and had been viewed eleven times since then. Both videos were deleted from the iPhone5 on June 3, 2017 at 4:13 p.m., shortly before Ms. Dughmosh went to Canadian Tire.

33. Police also found a handwritten will in the name of Rehab Dughmosh, dated May 22, 2017. Among other things, the will stated: “And know my dear ones that the market of jihad will always be there till the day of reckoning, for as long as there is disbelief and Islam on Earth, so jihad will exist and its sword will not be sheathed until the descent of Jesus, peace be upon him, such that he kills the master of disbelief, the anti-Christ and his minions, and Allah cleanses the Earth of them and their disbelief.” Later in the will Dughmosh asked Allah “to grant me martyrdom for His sake, for the elevation of his religion, and to take revenge from the criminal infidels” (translated from Arabic).