The Anti-Terrorism Act also gave police extraordinary powers to help them in their investigation of suspected "terrorist" activity. Among those powers were preventive arrests and fewer restrictions on the use of electronic surveillance.

Mohammad Momin Khawaja was the first man charged under the Anti-terrorism Act.

The anti-terrorist provisions of the code remain untested in court.

As they emerged from a Brampton, Ont., courthouse on June 6, 2006, lawyers for several of the accused said they felt their clients would receive a fair trail – but they did have concerns about the atmosphere and the process.

PM's comments 'surprising, shocking'

Gary Batasar, lawyer for Steven Vikash Chand, was worried that Prime Minister Stephen Harper expressed his delight over the arrests as news of the alleged plot spread.

"The comments made by the prime minister himself with respect to his happiness that these persons had been arrested certainly is surprising and shocking," Batasar told reporters. "I believe the prime minister should keep out of the process and let justice take its course."

Batasar added that it appears the authorities wanted to instil a sense of fear in the public.

That sentiment was echoed by prominent defence attorney Steven Skurka.

"There really is this incredible climate of fear that surrounds this case that's only going to increase," Skurka told CBC News. "The notion that these men are going to have a trial in the equivalent of an armed fortress really speaks against the likelihood of the presumption of innocence operating at the trial."

Skurka predicts the same conditions will make it difficult to try these cases by jury. No one, he suggests, would want to sit on a jury in a trial that would be subject to intense security and scrutiny.

National security access a problem

Louise Botham, head of the Criminal Lawyers Association of Ontario, says – despite the pre-trial publicity – the accused should be confident about receiving a fair trial.

"We saw Air India, that was a very high-profile case, [Paul] Bernardo was a high-profile case. I think we have to have some trust that our judges are able to disassociate themselves from the publicity," Botham told CBC News. "But even so, when you're just seeing so much material about the accused and prosecution theories in the press… it's a concern and you want to be vigilant."

Another challenge defence lawyers may face is getting access to some of the evidence, if some of it is deemed to be critical to national security.

"It is a challenge…and there sometimes are restrictions on what you're able to share with your client if in fact you want access to what's considered to be quite classified or quite confidential, and it changes the dynamics of the case."

Still, she adds, concerns about protecting witnesses have arisen in other cases – and they have been worked out.

"Ultimately if there's a problem," Botham adds, "we can go to the judge and get adjudication of the issue."

Accused 'perturbed' by allegations

Some of the details of the allegations against the suspects began to emerge as 15 of them made a June 6 court appearance. The allegations include a plan to storm the Parliament Buildings, take politicians hostage and threaten to execute them unless the government pulled Canadian troops out of Afghanistan.

Batasar said his client was also accused of wanting to personally behead the prime minister.

"We're anxious to get this matter moving along," he told reporters. "Mr. Chand is quite perturbed by these allegations."

According to court documents, there was also a plan to storm the CBC's broadcasting centre in Toronto and take it over.

Irwin Cotler, justice critic for the federal Liberals, says despite the high-profile prosecution, the basic tenet of the Canadian justice system remains at the forefront.

"The suspects now before the court enjoy that presumption of innocence and the Crown will have to prove its case - to use that proverbial adage - beyond a reasonable doubt."