Court File and Parties

Court File No.: CR-22-5627 Date: 2025-08-07 Delivered orally and in writing

Ontario Superior Court of Justice

Between: His Majesty the King – and – Seth Bertrand (Accused)

Counsel:

• Xenia Proestos and David Schermbrucker, for the Crown
• Bobby Russon, for the Accused

Heard: September 3, 6, 10, October 1, 2, 30, November 1, 18-21, December 30, 2024, and February 7, 27 and April 9, 2025

Restriction on Publication

This Ruling is subject to an order pursuant to s. 486.31 of the Criminal Code directing that any information that could identify witnesses, namely police officers known as "Undercover Officer Eric" or "UCO Eric" and "Undercover Officer Alex" or "UCO Alex", not be disclosed in the course of the proceedings. Those witnesses were permitted to testify using pseudonyms.

Further, the court made an order pursuant to s. 486.5 of the Criminal Code directing that any information that could identify these witnesses shall not be published in any document or broadcast or transmitted in any way.

Reasons for Judgment

Carroccia J.

The Charge

[1] The accused, Seth Bertrand, stands charged that between February 4, 2021, and May 20, 2021, both dates inclusive, in Windsor, Ontario, and elsewhere, did knowingly participate in or contribute to, directly or indirectly, the activities of a terrorist group, to wit: Atomwaffen Division also known as AWD, National Socialist Order, and NSO, for the purpose of enhancing the ability of the terrorist group to facilitate or carry out a terrorist activity, contrary to section 83.18(1) of the Criminal Code.

[2] The charge in this case turns on whether by filling out an application seeking to join the Atomwaffen Division/National Socialist Order, and offering his skills and loyalty, Seth Bertrand has committed an offence contrary to s. 83.18(1) of the Code.

The Evidence at Trial

[3] It is acknowledged that the accused was involved in committing offences of mischief involving people or property he identified as affiliated with the LGBTQ community. On February 15 and 20, 2021, Mr. Bertrand wrote graffiti which included the words "fuck fags" and drew swastikas on the WETrans Support Centre Building in Windsor, Ontario.

[4] Shortly thereafter, on February 21, 2021, the accused used his high school email account to send an email to "georgelr" at tutonota.com requesting an application to join the NSO. He wrote the following:

I was told to get in touch with you I just wanna know if this is the correct email

NSO?

[5] He received a reply saying it was, and then Mr. Bertrand wrote:

Well id like to get evolved [sic] with the NSO I tried to run my own division

but i had to disband it i have always seen AWD posters and would love to join in if you could send the application my way I can get it done for you tonight.

[6] An application/questionnaire was forwarded to the accused, and he completed it and submitted it the same evening. In that application he stated that his "ideology" was as follows: "everyone has a homeland a land in which they do not leave except the faggs [sic] and the jews thay are an enemy".

[7] One of the questions on the application was "Why do you want to join NSO? What stands out to you, from other groups?" The reply by Mr. Bertrand was: "your professionalism and your propaganda quality everything about the NSO just stands out to me".

[8] The application asks whether the applicant has ever been in the military or has combat training. In response, Mr. Bertrand says that he was in cadets for six years and knows a "bit of systema (a Russian fighting technique)". In response to a question about whether he has any "unique/useful skills", Mr. Bertrand responds: "I am an auto mechanic….self taught but I know my way around a car".

[9] For the question "Why should we bother to recruit you?" the accused wrote:

I have wanted to be apart of something big ever since I was redpilled the NSO/AWD has been the biggest when i was running my division i strived to be as good as you guys plus i have already proven myself worthy of another divisions trust a stunt of mine made it in local news

Under the question "Anything else?" he wrote the following:

If I do get accepted I promise all my loyalty to you i want nothing more then to be apart of a group that's actually doing things to help save/protect the white race "if he wish not to fight in a world where struggle is the way of life then he does not have the right to exist"-adolf Hitler

[10] A few hours after completing the application, Mr. Bertrand again wrote graffiti containing offensive language on the WETrans Centre and threw a brake rotor through the front window. On February 24, 2021, he was found by the police loitering outside of the same building. Later that same evening the accused signed into an online chat group for the National Partisans Movement using the name "Thewaffenman" with a profile picture of him in a so-called "siege mask".

[11] As part of an Agreed Statement of Facts, it was agreed that Mr. Bertrand posted a voice message in that online chat saying: "let me show you how I proved my worthiness to you guys, hold on you gonna fuckin love this" and then he uploaded a series of screenshots of media coverage of the recent graffiti and damage to the WETrans Centre caused by him.

[12] There was additional discussion and commentary in the online chat about whether the police would be able to identify Mr. Bertrand. On February 26, 2021, the accused uploaded a voice post which stated the following: "look on the bright side, if I do end up going to jail, um, I can recruit people from inside the prison". In February of 2021, the accused uploaded to the internet a recruiting poster for AWD which included an image of a person wearing a siege mask and the words "you who are hated are needed now more than ever".

[13] On March 6, 2021, the accused sent an email to the Folkish Resistance Movement, using his student email account attempting to join them. He indicated that he was "willing to perform activism", that he had military training and was good with cars and weapons.

[14] Then, on two dates in March 2021, the accused was observed on home security video outside a residence at 1145 Tuscarora Street in Windsor where he punctured the tires on a vehicle parked outside of the residence on each of those occasions. On May 20, 2021, Mr. Bertrand left a note outside of the residence which was occupied by a same sex married couple. The note said "The AtomWaffen knows who you are!" and contained Nazi symbols and the words "hail Hitler".

[15] The accused was arrested in relation to those incidents after he turned himself in to police. The court is advised that he pleaded guilty to offences of inciting hatred, three counts of mischief and failing to comply with a release order and was sentenced to a Conditional Sentence of Imprisonment.

[16] Mr. Bertrand had a meeting with an undercover RCMP officer, referred to as UCO Eric on January 30, 2022, which was surreptitiously recorded and adduced as evidence at this trial after it was determined to be admissible. Mr. Bertrand believed the undercover officer was the leader of an organization who had connections and wanted to employ him. When speaking to the undercover officer, the accused admitted to participation in the offences of mischief at the WETrans Centre and to harassing a gay couple on Tuscarora Street.

[17] The accused told the undercover officer the details of the mischief offences he committed including drawing swastikas on the door and window of the WETrans building and writing words that denote slurs against gay people and racial slurs as well. He said that the morning after doing that, he texted people in the Injekt Division and the National Partisans to advise them of what he had done.

[18] Mr. Bertrand referred to Atomwaffen Division as a "domestic terrorist organization" when he was explaining it to the undercover officer. However, he was not very knowledgeable about certain things. For instance, UCO Eric asked about the significance of the siege mask seized by the police from his residence, and Mr. Bertrand said he did not know its significance other than it was on the cover of a book called "Seige" by James Mason.

[19] Mr. Bertrand described that he was looking into the Atomwaffen Division and their propaganda and that "CSIS saw that" and spoke to him and he "didn't really get much into their stuff…". He further explained to UCO Eric that he tried to join them, meaning AWD and spoke to a recruiter, but they just stopped sending him emails.

[20] The accused also admitted to participation in a group called the "Minutemen" and said that the group was trying to arm themselves.

[21] After his arrest on this charge on May 5, 2022, when the accused was questioned by Sergeant Schedewitz of the RCMP, he said that at the time he applied to the AWD he believed that people of a different race "were out to get us". The accused stated that he learned about the Atomwaffen Division and "they're a paramilitary terrorist organization so, of course, back then, I was, I wanted to jump on that". Later in the statement he said that when he submitted his application "they weren't really registered as a terrorist organization. It was still the newly beginning paramilitary group."

[22] He also indicated that at the time of his arrest, he did not want to be involved in terrorist groups anymore, but "there was a point in my life where I thought that was the best way to live and that's fucking wrong obviously".

Expert Evidence

[23] The Crown also relies on the evidence of Dr. Garth Davies who was qualified as an expert to give opinion evidence on the identification of, and explanation of, specific ideologically motivated violent extremist (IMVE) groups including Atomwaffen Division, National Socialist Order, National Partisan Movement, Injekt Division, and Folkish Resistance Movement.

[24] Dr. Davies is an associate professor at Simon Fraser University and has taught criminology for 23 years. He has a Ph.D. in Criminal Justice and is also the Director of the Canadian Network for Terrorism, Security and Society. He is affiliated with a number of organizations that research terrorism, violence and security. He has researched and lectured on the topic of terrorism and IMVE fairly extensively, including authoring reports and working papers for organizations, including Public Service Canada on topics that include policing and the use of the internet for recruitment by terrorist and extremist organizations.

[25] When he testified, Dr. Davies indicated that he attends conferences and has been invited to lecture on IMVE groups and ideology at academic institutions and for law enforcement agencies and national security agencies all over the world. Today, much of the spread of IMVE takes place online and, accordingly, so does his research into this form of terrorism.

[26] Dr. Davies has lectured on AWD. He is familiar with its practices, ideology and use of the internet to recruit individuals and work towards radicalization.

[27] According to Dr. Davies' testimony and his expert report filed, AWD began in 2015 and adhered to a white supremacist ideology. They operated clandestinely and sought to remain anonymous. Their focus, like Nazi anti-Semitic ideology was on Jewish people. AWD promoted "accelerationism" or the idea of a race war and encouraged its members to commit acts of violence against minorities, gays, Jews, Muslims and African-Americans, with the ultimate goal of achieving a white ethnostate or homeland.[1]

[28] Atomwaffen Division was designated a terrorist entity in Canada in February 2021.

[29] According to Dr. Davies, the National Socialist Order is a "renamed, rebranded version of the Atomwaffen Division (AWD)".[2] A number of American members of AWD were arrested, and in March 2020, James Mason announced that the group was disbanding. Thereafter, NSO changed their recruitment procedures. The group describes itself as a "political and paramilitary group" focusing on "recruitment and propaganda and does not intend to "carry out violence". However, according to Dr. Davies, this claim should be treated with scepticism given their ideological beliefs and adherence to the theories of James Mason.

The Positions of the Parties

[30] The Crown submits that by filling out an application to join a terrorist group, the Atomwaffen Division, which is also known as the National Socialist Order, and pledging his loyalty, his skills as a mechanic and his military experience to that organization, Seth Bertrand is guilty of the offence with which he is charged. The Crown submits that it is a logical inference that Mr. Bertrand sought to join the AWD/NSO for the purpose of enhancing the ability of the group to carry out terrorist activity, namely ideologically motivated violence.

[31] The Crown submits that they have proven beyond a reasonable doubt that AWD and NSO, which are effectively the same group, are a terrorist group which has as one of its purposes or activities the facilitating or carrying out any terrorist activity, namely a commitment to an ideology that is meant to intimidate a segment of the public by causing death or bodily harm by violence.

[32] The defence submits that the Crown has failed to establish that the National Socialist Order (NSO) is a terrorist organization. Mr. Bertrand applied to join the NSO. While he does use the term AWD in his application interchangeably with NSO, it is submitted that the onus is on the Crown to establish that these were the same organization and that they were terrorist organizations on the date of the offence.

[33] The defence submits that the evidence of Dr. Garth Davies falls far short of the mark. The court should not accept his evidence. There is no support for the conclusion that the AWD and NSO are the same organization, nor is there any basis provided in the evidence for the court to conclude that NSO is a terrorist organization.

[34] The defence submits that while the accused may have agreed with the ideology of white supremacy, and while this ideology is deplorable, the evidence falls short of establishing that he is guilty of the offence charged.

[35] The defence submits that even if the court is satisfied that the actus reus of the offence has been proven beyond a reasonable doubt, the Crown has failed to prove that the accused's intention was for the purpose of enhancing the ability of AWD/NSO to carry out terrorist activity.

The Legal Principles

[36] Section 83.18(1) of the Criminal Code, R.S.C. 1985, c. C-46, makes it an offence for any person to knowingly participate or contribute to any activity of a terrorist group for the purpose of enhancing the ability of a terrorist group to facilitate or carry out a terrorist activity.

[37] Section 83.18(2) clarifies the actus reus of the offence as follows:

(2) An offence may be committed under subsection (1) whether or not

(a) a terrorist group actually facilitates or carries out a terrorist activity;

(b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

(c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

[38] Section 83.18(3) sets out a list of what conduct is included in the terms "participating or contributing" as set out in subsection (1). In this case, the Crown is relying on s. 83.18(3)(b) which includes:

(b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

[39] In R. v. Khawaja, 2012 SCC 69, McLachlin C.J. (as she then was) speaking for a unanimous Court said the following at para. 41:

Section 83.18(1) criminalizes participation in or contributions to the activities of a terrorist group. It requires for conviction that the accused (a) knowingly (b) participate in or contribute to, (c) directly or indirectly, (d) any activity of a terrorist group, (e) for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity.

[40] In R. v. Hersi 2014 ONSC 1217 at paras. 23-24 Baltman J. defines the actus reus of the offence as follows:

As noted above, to be convicted under s. 83.18, a person must know that the group with which they are participating is a terrorist group, and act for the specific purpose of enhancing the ability of the terrorist group to carry out a terrorist activity. To make those findings, a trier of fact would necessarily have to be satisfied that the listed entity engages in terrorist activity.

Nor does the listing make the definition of a terrorist group overbroad. Membership in a terrorist group is not, in itself, an offence. No crime is committed under s.83.18 unless the accused not only knew of the group's existence but also participated in it for the purpose of enhancing its ability to carry out terrorist activity. The offence thus requires an act to be done with a specified degree of knowledge and for a specific purpose.

[41] In United States v. Nadarajah, 2015 ONCA 859, the Court says at para. 28:

Putting the actus reus and mens rea together, s. 83.18 applies to persons who, by their acts, contribute to or participate in what they know to be activities of what they know to be a terrorist group. In addition, those acts must be done for the specific purpose of enhancing the ability of that terrorist group to facilitate or carry out activity that falls within the definition of terrorist activity.

[42] In R. v. Khawaja at para. 45 in relation to the mens rea of the offence, the Court said:

This purpose commands a high mens rea threshold. To be convicted, an individual must not only participate in or contribute to a terrorist activity "knowingly", his or her actions must also be undertaken "for the purpose" of enhancing the abilities of a terrorist group to facilitate or carry out a terrorist activity. The use of the words "for the purpose of" in s. 83.18 may be interpreted as requiring a "higher subjective purpose of enhancing the ability of any terrorist group to carry out a terrorist activity": K. Roach, "Terrorism Offences and the Charter: A Comment on R. v. Khawaja" (2007), 11 Can. Crim. L.R. 271, at p. 285.

[43] Further, at para. 48, the Court goes on to say:

To convict under s. 83.18, the judge must be satisfied beyond a reasonable doubt that the accused intended to enhance the ability of a terrorist group to facilitate or carry out a terrorist activity. There may be direct evidence of this intention. Or the intention may be inferred from evidence of the knowledge of the accused and the nature of his actions.

[44] The accused must specifically intend for his actions to have the general purpose of enhancing the ability of a terrorist group to facilitate or carry out a terrorist activity: see Khawaja, at para. 46.

Analysis

[45] In order to convict Mr. Bertrand, the Crown must prove the following essential elements of the offence beyond a reasonable doubt:

i) that AWD/NSO is a terrorist group;

ii) that the accused knew that AWD/NSO was a terrorist group;

iii) that the accused participated in or contributed to the activities of the terrorist group directly or indirectly; and

iv) that the accused did so for the purpose of enhancing the ability of the terrorist group to carry out a terrorist activity.

i) Is the AWD/NSO a terrorist group?

[46] Section 83.01(1) of the Criminal Code defines a "terrorist group" in the following language:

terrorist group means:

(a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or

(b) a listed entity,

and includes an association of such entities.

[47] "Terrorist activity" is described as an act or omission that is committed inside or outside of Canada that constitutes various offences enumerated in that section and for our purposes an act or omission that is committed in whole or in part for a political, religious or ideological purpose, objective or cause, and:

(B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and

(ii) that intentionally

(A) causes death or serious bodily harm to a person by the use of violence,

(B) endangers a person's life,

(C) causes a serious risk to the health or safety of the public or any segment of the public,

(D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

(E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C) ….

[48] Mr. Bertrand completed an application to join the National Socialist Order. According to the Crown's position, the AWD and NSO are effectively the same organization, a terrorist organization. The defence submits that the Crown has not proven this beyond a reasonable doubt.

[49] The Crown is relying on the evidence of Dr. Garth Davies to support the position that NSO is a rebranded version of AWD, and that both were terrorist organizations at the time that Mr. Bertrand submitted his application to join NSO.

[50] According to Dr. Davies testimony and his expert report filed, both AWD and NSO adhere to a white supremacist ideology, and their political purpose is to establish a National Socialist state for the advancement of the white race and the elimination of others. The defence submits that the opinion of Dr. Davies that the AWD and the NSO are terrorist organizations should not be accepted since there is no evidence to support that opinion.

[51] In R. v. Ahmad, at para. 54, Dawson J. refers to the "different approach" that Parliament has elected to take to effect the preventative objective of the terrorism provisions of the Criminal Code.

[52] In R. v. MacDonald, 2025 ONSC 1939, a very recent decision of R. Smith J., he determined after hearing evidence from a different expert witness, that AWD was a terrorist group in 2018-2019 even before being named as a terrorist entity by the Government of Canada in 2021. He said, at para. 25:

I accept Dr. Perry's evidence and find it was both credible and reliable that the terrorist activity to be facilitated by AWD was for a political or ideological purpose or cause, namely encouraging acts of violence against the state, Jewish people, and other minorities to create a race war to establish a white ethno-state. The recruitment of members to join AWD and commit acts of violence against members of the public amounts to facilitation of terrorist activities.

[53] Much of the activities of members of Atomwaffen took place on the Iron March website which was made publicly available due to a data breach which occurred in 2017, and which no longer exists. Dr. Davies has researched and lectured on the topic of ideologically motivated violent extremism or IMVE for many years. His published works have been subject to peer review and have been accepted by those who are knowledgeable in this area. His opinions are relied upon by law enforcement agencies and national security agencies.

[54] In the opinion of Dr. Davies, the AWD and NSO are founded on a violent, extremist white supremacist ideology. AWD uses the symbolism of the Nazis including the swastika and the "SS" symbol. Those symbols are infamous for their association with the ideology of the Nazis and white supremacy.

[55] The AWD is founded on the ideas and teachings of James Mason including his publication Seige which describes the West as being under attack with the only way to defend itself is through a race war with the white race winning. Dr. Davies testified that the ideas contained in this publication meet the definition of terrorism. This philosophy is known as accelerationism. It is clear that AWD does not advocate a peaceful solution to this so called "attack" on the white race but rather promotes ideologically motivated violence to effect its purpose.

[56] According to Dr. Davies, the AWD prides itself in doing things in the real world and not simply relying on "keyboard warriorism" or espousing views online without furthering their goals in real life. Their ultimate goal is to achieve a white ethno-state. Dr. Davies testified that members of AWD often communicated through encrypted websites or chat groups that were available to members only. They did not necessarily "advertise" what they were doing.

[57] The defence submits that the opinion of Dr. Davies is not directly supported by any source material that he could provide. For instance, the Iron March posts referred to by him could not be provided, accordingly, his evidence should be treated with scepticism.

[58] I agree that there were certain points in his evidence where, in cross-examination, Dr. Davies resiled from his earlier position. For instance, initially, Dr. Davies testified that AWD has gone as far as committing acts of murder directly related to their goals and ambitions. He later agreed that this was an "overstatement" on his part.

[59] Part of the difficulty is that IMVE groups operate on a level that is not necessarily publicly available or accessible. They must maintain a level of secrecy in order to avoid detection by law enforcement agencies.

[60] According to the evidence of Dr. Davies, James Mason himself announced that AWD was disbanded due to "federal infiltration and numerous arrests". That is, there were charges laid against members by the F.B.I. in the United States.

[61] Dr. Davies testified that although the AWD has ostensibly "disbanded", it has now rebranded as NSO. The NSO portrays itself as a group that promotes accelerationism. It employs the same forms of Nazi symbolism employed by AWD. Its ideology seeks to advance a white supremacist state through the elimination of non-white and non-heterosexual people.

[62] The application/questionnaire completed by the accused in itself is some evidence that one must apply in order to be accepted by NSO, and that there are requirements to be met by those who seek to join. The application form asks: "Have you read from our basic ideological reading list?" The reading list referred to includes Seige by James Mason, Mein Kampf by Adolph Hitler, and "Any Iron March Publications" among others which are all recognized white supremacist documents. The ideas put forward in those publications meet the definition of terrorism.

[63] Furthermore, the application/questionnaire asks the applicant to "Describe in your own words what the world will look like after revolution".

[64] I accept the evidence of Dr. Davies as credible and reliable. I agree that Dr. Davies had some gaps in his knowledge as it relates to AWD/NSO, but part of that relates to the nature of the organizations and the manner in which they operate. I find that it does not detract from his overall opinion. In my view, his opinions were supported by evidence, and I accept them.

[65] Accordingly, on the totality of the evidence, I am satisfied that the Crown has proven that the AWD/NSO is a terrorist group.

ii) Did the accused know that AWD/NSO was a terrorist group?

[66] Section 83.18(2) makes it an offence under s. 83.18(1) whether the terrorist group actually carries out a terrorist activity, whether the accused's participation actually enhances the ability of a terrorist group to facilitate or carry out terrorist activity or whether the accused knows the specific nature of any terrorist activity that might be facilitated or carried out by a terrorist group. This is so, to put into effect the preventative purpose of the legislation.

[67] To determine whether the accused knew that AWD/NSO was a terrorist group, the court has the benefit of his own words. In particular, he admitted to UCO Eric that he knew that AWD was a domestic terrorist organization. The accused uses the terms AWD and NSO interchangeably, including in the initial application, from which I can draw the conclusion that he views them as a single entity.

[68] The accused also told UCO Eric that the Atomwaffen Division was like the Injekt Division, only it was "weaponized". He told him that he had contact with their recruiters who talked to him about their organization and "what they're all about". Mr. Bertrand also boasted about committing criminal offences targeting the LGBTQ community and this is consistent with the ideology of AWD.

[69] He indicated in his application that he wanted to be part of a group that is "actually doing things to help save/protect the white race". When he is asked in the application "Describe in your own words, the meaning of Universal Order" Mr. Bertrand responds by saying "universal order every one is where they should be in their own homelands".

[70] He is also asked to "Describe in your own words, what the world will look like after revolution" and his response is "i myself can not say for i have no choice tho I hope for it to be beautiful without faggs [sic] jews, niggers, and spics". This is consistent with the ideology of AWD/NSO to create a white ethno-state.

[71] On February 25, 2021, Mr. Bertrand uploaded a video on the National Partisan Movement chat group showing him wearing a siege mask and making the "okay" sign.

[72] Although following his arrest, Mr. Bertrand told Sergeant Schedewitz that when he applied to Atomwaffen Division "they weren't really registered as a terrorist organization. It was still the newly beginning paramilitary group". I do not accept that Mr. Bertrand genuinely believed that. It seems that he was trying to minimize his responsibility. What Mr. Bertrand told the officer following his arrest directly contradicts what he told the undercover officer when he did not know the conversation was being recorded, that is that AWD was a terrorist organization.

[73] On the totality of the evidence, I am satisfied beyond a reasonable doubt, that Mr. Bertrand knew that AWD/NSO was a terrorist organization.

iii) Did the accused participate in or contribute to the activities of the terrorist group directly or indirectly?

[74] Section 83.18(3) of the Code established a non-exhaustive list of what constitutes participation in or contributing to the activities of a terrorist group and includes under (b):

(b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

[75] Section 83.18(4) provides that the court can consider various factors in making this determination as follows:

(4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused

(a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;

(b) frequently associates with any of the persons who constitute the terrorist group;

(c) receives any benefit from the terrorist group; or

(d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.

[76] It is the Crown's position that in his application, the accused offered to provide a skill or an expertise to AWD/NSO, for their benefit. A person commits an offence under s. 83.18(1) even if his contribution or participation does not actually enhance the ability of the terrorist group to carry out a terrorist activity: see R. v. Ansari, 2015 ONCA 575, at para. 176.

[77] In R. v. Khawaja, at para. 53, the Court explained:

I conclude that a purposive interpretation of the actus reus and mens rea requirements of s. 83.18 excludes convictions (i) for innocent or socially useful conduct that is undertaken absent any intent to enhance the abilities of a terrorist group to facilitate or carry out a terrorist activity, and (ii) for conduct that a reasonable person would not view as capable of materially enhancing the abilities of a terrorist group to facilitate or carry out a terrorist activity.

[78] The offer made by Mr. Bertrand in the application includes a pledge of loyalty, that he wants to be part of a group that is "actually doing things to help save/protect the white race" which suggests that he shares their ideology. He makes a reference to his criminal conduct that received media attention, he says "I strived to be as good as you guys plus I have already proven myself worthy of another divisions trust", and notes that he has "unique/useful skills" as a mechanic. He uses the symbols that are associated with AWD including the siege mask.

[79] It is clear that in the application submitted, Mr. Bertrand is trying to convince AWD/NSO that he is worth recruiting because he believes in their ideology and has something to contribute. In fact, that very question is asked "Why should we bother to recruit you?". He replies that he has wanted to be "apart [sic] of something big" and NSO/AWD is "the biggest".

[80] Mr. Bertrand said to Sergeant Schedewitz following his arrest:

I'm not a terrorist. I don't want to kill nobody. I don't want to fucking do all that anymore. Haven't wanted to be a part of that for a long time. I just want to get my shit in order.

… There was a point in my life where I thought that was the best way to live and that's fucking wrong, obviously.

[81] Although at the time of his arrest, he appears to disavow the ideology of terrorism. This statement acknowledges that at the time of his application, he espoused that ideology.

[82] Based on all of that evidence, I am satisfied that the Crown has proven beyond a reasonable doubt that the accused participated in or contributed to the activities of a terrorist group directly or indirectly.

iv) Did the accused participate in or contribute to the activities of a terrorist group for the purpose of enhancing the ability of the terrorist organization to carry out a terrorist activity?

[83] This element of the offence refers to the mens rea that the Crown must prove beyond a reasonable doubt in order to prove the offence. As noted in R. v. Khawaja at para. 46, the accused must specifically intend for his actions to have the general purpose of enhancing the ability of a terrorist group to facilitate or carry out a terrorist activity.

[84] In R. v. Hersi, at para. 14, the court said:

The Crown need not prove the accused knew the specific nature of the terrorist activity that was to be carried out, but must prove a specific intent to have the general effect of facilitating terrorist activity.

[85] The intention of the accused can be proven by direct evidence or by circumstantial evidence. In this case, the Crown relies on both.

[86] In my view, during the time frame outlined in the indictment, the accused was entrenched in the ideology of a white ethno-state. This is reflected in his conduct. He committed multiple acts of mischief against property belonging to a same sex couple, and the WETrans Centre and in doing so invoked the iconography that is associated universally with hate, the swastika. He thereafter relies on these acts to gain acceptance in a chat group for the National Partisans Movement, and to bolster his application to join AWD/NSO.

[87] He tells other members of the chat group that if he is arrested for this conduct, he can "recruit people from inside the prison". He attempts to join the Folkish Resistance Movement. According to Dr. Davies' Report, the Folkish Resistance Movement is a neo-Nazi organization that is pro-Hitler, anti-Semitic, racist, homophobic and denies the Holocaust.

[88] Furthermore, the accused told UCO Eric that he participated in a group called the Minutemen and that they were trying to arm themselves. It is clear that the accused sought out organizations that were consistent with his beliefs.

[89] The accused espoused ideology that was anti-Semitic, anti-Black and anti-LGBTQ. He indicates in the application he filed to join AWD/NSO that he wants to be a part of a group that "is actually doing things to help save/protect the white race". Further, he identifies his "ideology" as follows: "everyone has a homeland in which they do not leave except the faggs [sic] and the jews they are an enemy".

[90] It is clear that the accused applied to join the AWD/NSO for the purpose of enhancing the ability of the terrorist organization to carry out terrorist activity which clearly aligned with his own beliefs at that time. Accordingly, I am satisfied that the Crown has proven this element beyond a reasonable doubt based on the totality of the evidence.

Conclusion

[91] Having found that the Crown has proven each of the elements of the offence charged beyond a reasonable doubt, the accused will be found guilty as charged.

Maria V. Carroccia Justice

Released: August 7, 2025

Footnotes

[1] Report of Dr. Garth Davies, dated February 18, 2024, at pg. 25.

[2] Report of Dr. Garth Davies, dated February 18, 2024, at pg. 27.