Supreme Court reviews first anti-terrorism act case
Momin Khawaja arrested in 2004, now serving life sentence
By Daniel Schwartz, CBC News
Posted: Jun 11, 2012 5:38 AM ET
Last Updated: Jun 12, 2012 10:17 AM ET
Momin Khawaja's appeal is before the Supreme Court of Canada on June 11. Khawaja, left, is transported from an Ottawa courthouse following a day of hearings, July 22, 2008. (Chris Wattie/Reuters)
Related
Related Stories
- Terror case life sentence too harsh, Supreme Court told
- Terrorism convict Khawaja back in prison after attack
- Recent terrorism-related cases in Canada
- Khawaja 'terrorist activity' appeal will go to Supreme Court
- In depth: Canada's anti-terrorism act
- Momin Khawaja timeline
- Ottawa software developer charged with terrorism
External Links
(Note:CBC does not endorse and is not responsible for the content of external links.)
In 2004, Mohammad Momin Khawaja became the first Canadian charged under Canada's anti-terrorism act. He was convicted four years later and is now serving a life sentence.
The Supreme Court of Canada is now reviewing the case.
Khawaja was born in the Ottawa area in 1979, the second son of Azra and Mahboob Khawaja, who immigrated to Canada in 1975. While Momin was a child, his family also lived in Libya, Pakistan and Saudi Arabia before returning to Canada in 1991.
In pre-sentencing statements to the court in 2009, both parents said theirs was "a traditional Muslim family."
After graduating from Sir Wilfrid Laurier Secondary School in 1998, Khawaja attended Algonquin College, graduating in computer programming in 2001.
A 'normal kid' in Ottawa
Azra Khawaja, left, and Mahboob Khawaja, parents of Momin Khawaja, leave the Ottawa courthouse during a break in hearings June 23, 2008. (Chris Wattie/Reuters)Three years later, family friend Fazal Khan would tell The Ottawa Citizen that at the time, "He was just like any other normal kid," adding, "There was nothing special about him."
"I was once a normal kid," doing the things kids do, Khawaja himself wrote in a 2003 email.
Then he realized, "All those fun activities were a waste of time and did not benefit Islam in any way."
In that September 2003 email, he said the Palestinian intifada and the 2001 war in Afghanistan had a huge influence on him. In 2002, he went to Pakistan to spend time at what he described as a mujahedeen training camp.
That email was submitted as evidence during his trial.
In a December 2003 email, Khawaja had written that the person he loved most in the world was Osama bin Laden.
Khawaja returns to Pakistan for training
A year after graduating from college Khawaja was working for Spectra FX, a company doing contract work at the Department of Foreign Affairs in Ottawa, which is where Khawaja was working when arrested.
In 2003 Khawaja twice travelled to Pakistan. Both trips included time at training camps.
By then, Khawaja had made connections with men who would be arrested in the U.K. and the U.S. and charged in relation to the same plot as Khawaja. Omar Khyam was the group's leader. They had acquired 600 kg of fertilizer, which police claimed they planned to use to carry out terrorist bombings in London.
The hifidigimonster, a remote control device built by Khawaja, was introduced as evidence at the Ottawa Courthouse on July 14, 2008. (Sean Kilpatrick/Canadian Press)After he returned to Ottawa following his last trip to Pakistan, Khawaja worked on building a wireless transmitter for triggering a bomb detonator, named the hifidigimonster, for the group in the U.K.
In February 2004, Khawaja flew to the U.K. to meet with Khyam and the group and show them pictures of his hifidigimonster.
\However, MI-5 had the group under surveillance by then — photos and recordings of Khawaja's conversations were used as evidence during his trial.
MI-5 alerted the RCMP about Khawaja.
The next month, in Madrid, ten near-simultaneous explosions on commuter trains killed 191 people.
Police, listening in on wiretaps, learned that Khawaja planned to leave for the U.K. on April 6. The RCMP decided to act.
Khawaja and the London plotters arrested
On March 29, 2004 they arrested Khawaja and searched the Khawaja family residence. In his older brother Qasim's bedroom they found the hifidigimonster. According to the judge who found Momin Khawaja guilty, Qasim's bedroom "seemed to be the site" where the device "was being developed and modified."
Momin Khawaja leaves the Ottawa courthouse May 3, 2004 under RCMP protection. Khawaja was convicted of five charges under Canada's anti-terror laws. (Tom Hanson/Canadian Press)Family members were detained but later released.
Hours after Khawaja's arrest, as part of what they called Operation Crevice, police in the U.K. arrested Khyam and other men.
The U.K. suspects were tried first, in a trial lasting 13 months where the jury spent 27 days deliberating — the longest ever for a U.K. crime case. In the end, five of the defendents, Omar Khyam, Anthony Garcia, Jawad Akbar, Waheed Mahmood, and Salahuddin Amin, were found guilty and sentenced to life in prison.
American citizen Mohammed Junaid Babar was also arrested, eventually pleading guilty in a United States court on multiple terrorism charges related to his involvement with the U.K. group.
Khawaja's own trial took place in 2008 and Babar was the Crown's 'star' witness.
Khawaja was convicted on five counts but not for the London bomb plot.
In Justice Douglas Rutherford's judgment, "The evidence does not lead inescapably, or beyond a reasonable doubt, to the conclusion that Momin Khawaja was privy to the fertilizer bomb plot or its existence."
Rutherford sentenced Khawaja to serve a further 10.5 years in jail.
On Dec. 17, 2010 the Ontario Court of Appeal increased Khawaja's sentence to life imprisonment, arguing that terrorism "must be dealt with in the severest of terms."
On Jan. 16, 2012, another inmate attacked Khawaja in the super-maximum-security prison in Ste-Anne-des-Plaines, Que. over an apparent ideological feud, according to Khawaja's father.
That inmate, Zakaria Amara, the ringleader of the so-called Toronto 18, is also serving a life sentence on terrorism charges. He threw boiling water onto Khawaja, resulting in burns to 60 per cent of his body.
Supreme Court to review the Khawaja case
The Supreme Court's review of the Khawaja case, along with two other anti-terrorism act cases [see sidebar], will examine the constitutionality of the definition of "terrorist activity" in the criminal code.
The key issue centres on what's called the motive clause, which states that terrorist activity is that committed, "in whole or in part for a political, religious or ideological purpose, objective or cause."
In the Khawaja case, they will also consider whether a sub-clause exempting terrorist activity "committed during an armed conflict" applies in his case. Both were issues in the original trial and the former was central in the Ontario Court of Appeal ruling.
Khawaja is also asking the court to review the principles of sentencing for terrorism crimes.
In a statement filed with the Supreme Court, Khawaja's lawyer, Lawrence Greenspon, argues that the motive clause, because it's overbroad and vague, "can promote a chilling effect" and that "the scope of what actions could constitute a crime of terrorism is exceptionally broad."
Khawaja's lawyer, Lawrence Greenspon, arrives at an Ottawa courthouse Aug. 19, 2008 during Khawaja's trial that ended in his conviction on terrorism charges. Greenspon will be before the Supreme Court on June 11. (Tom Hanson/Canadian Press)"If they agree that the definition is unconstitutional, as it violates fundamental freedoms, they might consider ordering a new trial," Greenspon told CBC News before the hearing.
He also wants the court to overule Rutherford's original finding that Khawaja cannot use the armed conflict exemption.
Khawaja claims he was only aware of the militaristic activities that the Khyam group planned to carry out in Afghanistan against western military forces and that would not be terrorist activity under the Criminal Code.
Even if the Supreme Court should only reduce Khawaja's sentence back to what Rutherford originally imposed, that "would be a good result," Greenspon said.
Because Khawaja has already served seven years, "it may mean there's no need for a new trial."
Share Tools
Power & Politics Ballot Box question by Rosemary Barton May. 22, 2013 5:39 PM Do you believe the P.M. learned about the Duffy/Wright deal through the media?
Top News Headlines
- Harper 'not consulted' about Duffy Senate expense repayment

- Prime Minister Stephen Harper says that not only did he not know about his chief of staff's "gift" to repay Senator Mike Duffy's expenses before the story broke in the media, he was not consulted and did not sign off on Nigel Wright's decision to write a personal cheque. more »
- 2 infants confirmed among dead of Oklahoma tornado
- Rescue workers raced to complete the search for survivors and the dead in the Oklahoma City suburb where a mammoth tornado destroyed countless homes, cleared lots down to bare red earth and claimed 24 lives, including those of 10 children. more »
- 'You will see him again in heaven,' Sharlene Bosma tells daughter
- Sharlene Bosma told more than 1,000 people at the public memorial service for her slain husband, Tim Bosma, about the love they shared. more »
- Mayor Ford stays silent while his brother defends him
- Toronto Mayor Rob Ford continues to stonewall the media over allegations that he was recorded on video smoking what appears to be crack cocaine, but his brother Coun. Doug Ford told reporters Wednesday that the story is untrue. more »
Must Watch
Latest Politics News Headlines
- Harper 'not consulted' about Duffy Senate expense repayment

- Prime Minister Stephen Harper says that not only did he not know about his chief of staff's "gift" to repay Senator Mike Duffy's expenses before the story broke in the media, he was not consulted and did not sign off on Nigel Wright's decision to write a personal cheque.

more »
- Mike Duffy's primary home not P.E.I., unedited Senate report says
- A copy of the original report by an internal Senate committee on Senator Mike Duffy's expense claims, obtained by CBC News, makes it clear the committee believes Duffy's primary residence is in Ottawa, and not in P.E.I. more »
- Internet bill would unlock personal details, says watchdog
- The Harper government's recent bid to give police more information about Internet users would have unlocked numerous revealing personal details — from web-surfing habits to names of friends, says a new study by the federal privacy watchdog. more »
- Wallin refuses to answer questions about repaying expenses
- Speaking as an independent Saskatchewan senator for the first time, Pamela Wallin is not answering any questions about whether or not she has repaid expense money. more »
- Wednesdays with @Kady: Senate expenses questions continue
- As Ottawa waited to see whether Prime Minister Stephen Harper takes questions on the Senate expenses scandal in Peru this afternoon, CBC Politics blogger Kady O'Malley took readers questions on the latest controversial developments. more »
The National
The House
- Questions mount for Harper and chief of staff Nigel Wright in Senate scandal May. 18, 2013 1:15 PM This week on The House, with Senators Wallin and Duffy now out of the Conservative caucus, we get reaction from NDP Ethics critic Charlie Angus. We also hear directly from Senator Patrick Brazeau who says the Conservatives have thrown him under the bus. Plus we speak with B.C. Premier Christy Clark after her stunning victory.
- 2nd suspect named in Tim Bosma slaying
- 'You will see him again in heaven,' Sharlene Bosma tells daughter
- 1.3 million Montrealers face boil water advisory
- Video forensics: How easy would it be to fake a Rob Ford video?
- Man shot dead during FBI interview for Boston bombing probe
- Plumber's car explodes near Vancouver apartments
- Mayor Ford stays silent while his brother defends him
- Jimmy Kimmel, Jon Stewart crack jokes about Rob Ford
- 2 infants confirmed among dead of Oklahoma tornado


