Mubinoddin Shaikh, 33, was paid by the RCMP to infiltrate the so-called Toronto 18 group.
Mubinoddin Shaikh, 33, was paid by the RCMP to infiltrate the so-called Toronto 18 group. (J.P. Moczulski/Canadian Press)

A youth found guilty of terrorism-related offences was not entrapped by a paid RCMP mole, and the verdict will stand, a judge in Brampton, Ont., ruled Tuesday.

The decision in the case of the first person to stand trial among the so-called Toronto 18 means a finding of guilt now becomes a conviction.

"My conclusion is that there has not been entrapment," Ontario Superior Court Justice John Sproat said in his 51-page decision. "There has not been an abuse of process."

The youth, who was 17 at the time of his offences and cannot be named, was found guilty in September of helping, and taking part in, a terror-related organization.

Sproat said at the time that evidence the terrorist group existed was "overwhelming."

However, Sproat agreed then to hold off registering a formal conviction, pending the outcome of defence arguments that their client was a victim of inappropriate behaviour by the police agent, Mubin Shaikh.

The defence maintained that Shaikh, 33, had entrapped the troubled teen by acting as his mentor and had committed criminal acts during his infiltration of the group, such as illegally firing a gun and helping set up a training facility north of Toronto.

Lawyers for the youth argued that Shaikh was largely responsible for setting up a terrorist training camp in December 2005 and crossed the line in his work, committing an "abuse of process."

They also claimed Shaikh used his position of authority and took advantage of the youth's naiveté to encourage his participation in the training.

The Crown argued the grave and urgent nature of the terrorist plot prompted Shaikh's undercover investigation, which led to an "awkward dilemma" that forced him to choose between potentially breaking the law or losing credibility with the terrorism suspects.

No intent to commit terrorist offence

In Tuesday's ruling, Sproat rejected defence claims that Shaikh "led by example of his own criminality" by committing a number of criminal offences.

"It is self-evident that Shaikh's intent throughout was to report to the RCMP and by so doing disrupt the group and prevent the carrying out of a terrorist attack," Sproat said.

"Shaikh, therefore, in my opinion, did not have the requisite intent to commit any terrorist offence."

Just minutes after the decision, a visibly relieved Shaikh said he was "very pleased."

"It does away with another major assumption that it was a setup," Shaikh said. "It refutes very loudly what certain people had been saying."

Shaikh said he had learned about the group's plot to acquire ammonium nitrate to build explosives and then set them off at several sites in Toronto and Ottawa.

He had previously testified to feeling guilty about indoctrinating four teens in extreme jihadist philosophy, but defended his role in stopping a plot he said was serious and potentially deadly.

He couldn't, he said, have blown his cover.

The Crown also argued the teen was already part of the group before Shaikh, a well-versed Muslim, became involved.

Prosecutor John Neander said that far from entrapping the youth, Shaikh tried to get him to return to his Hindu family, but the youth, who had converted to Islam, refused.

Three other youths, along with four adults, have since had their charges stayed or withdrawn.

Ten adults, none of whom can be named by court order, have yet to stand trial, and Shaikh is expected to be the Crown's main witness in those cases.