The first person charged under Canada's Anti-terrorism Act will have to face seven counts alleging he participated in and helped an extremist organization in Britain, Canada's top court decided Thursday.

The Supreme Court of Canada didn't rule on the charges directly, but decided not to hear an appeal seeking to dismiss the charges against Ottawa software developer Mohammad Momin Khawaja.

Mohammad Momin Khawaja, seen here in 2005, has been in custody for more than three years while awaiting trial on charges under the Anti-terrorism Act.
(Canadian Press)

By declining to hear the case, the top court left a lower court ruling standing. That ruling left the seven charges in place. As usual, the Supreme Court did not explain why it chose to not hear the appeal.

Khawaja was arrested on March 29, 2004, under the then new Anti-terrorism Act.

Last October, an Ontario Superior Court judge struck down part of the act as unconstitutional.

The ruling said an element of the definition of "terrorist activity" violated the Charter of Rights and Freedoms.

But the judge did not quash the seven terrorist-related charges, so Khawaja's lawyer sought leave to appeal that ruling to the Supreme Court.

Khawaja is in custody.