Terrorism peace bond sought against New Westminster man
Khalid Ahmad Ibrahim's lawyer says client believes extraordinary restriction is a Charter violation
RCMP are seeking a special terrorism peace bond against a New Westminster man.
According to a copy of an information sworn last week in pursuit of the extraordinary measure, police claim they have reasonable grounds to worry that Khalid Ahmad Ibrahim "may commit a terrorism offence."
Application for judicial stay
The 39-year-old was charged last summer with uttering threats "to cause death or bodily harm to Canadian persons."
He must appear in court on Dec. 20 in relation to the Section 810.011 peace bond application.
Pending that appearance, Ibrahim must abide by 25 conditions which include wearing a GPS monitoring unit and not accessing any written, photographic or electronic materials produced by ISIS or any other groups "that promote, advocate for, or support any 'terrorist group' or 'terrorist activity'."
Ibrahim has also been forced to surrender his passport and to live with his mother. He can't possess weapons, explosives or a cellphone capable of accessing the internet.
Ibrahim's lawyer says he has notified Crown counsel of his intention to ask for a judicial stay of proceedings.
David Ferguson claims his client's right to life, liberty and security of the person has been violated, in contravention of the Canadian Charter of Rights and Freedoms.
"Obviously, when charges of this nature are alleged, there's — for good reason — great public concern. And that's understandable given the current geopolitical climate," Ferguson said.
"But that said, there are processes in place in the Canadian justice system to deal with allegations that are made under the Criminal Code. Our client is, of course, entitled to the due process of law and is indeed entitled to these rights under the Charter."
'Before a criminal offence has been committed'
According to Public Safety Canada, peace bonds are "available to police to protect the public before a criminal offence has been committed."
A provincial court judge who is satisfied police have reasonable grounds for fears a defendant may commit a terrorist act can order a defendant to enter into a recognizance lasting up to a year.
A person can be jailed for up to 12 months if they refuse to sign.
The controversial measure has been used against people who authorities believe could leave Canada to participate in terrorist activity.
A peace bond was issued against known ISIS supporter Aaron Driver, who was gunned down by police in Strathroy, Ont., last August.
Critics have complained that terrorism peace bonds put too much power in the hands of police to arrest suspects who haven't committed any crime.
'There are processes in place'
The original court proceedings in relation to the threat allegation against Ibrahim are covered under a publication ban.
"These are allegations at this point and obviously my client is under a lot of scrutiny from the RCMP and he's very concerned," said Ferguson.
"There are processes in place. They're tried and tested. Those processes are going to play out in the coming months. And I think the public needs to maintain trust in those processes."
The Crown is also seeking a terrorism peace bond against a B.C. couple who were convicted of terrorism charges but released this summer when a B.C. Supreme Court judge ruled that they had been entrapped by police.
John Nuttall and Amanda Korody were re-arrested within hours of the verdict freeing them.
They were then re-released under a set of conditions restricting their movements.
The couple is set to appear in court next month in relation to the terrorism peace bond.
None of the allegations against Ibrahim have been proven in court. RCMP would not comment on the case.