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The life sentence that was imposed on Momin Khawaja, the firstperson to ever face charges under Canada's anti-terror law, isunprecedented and should be reduced, the country's highest courtwas told Monday. Khawaja, a former Ottawa software developer, was originallysentenced to 10 1/2 years in prison after his conviction in 2008,but two years later the Ontario Court of Appeal increased hissentence to life in prison with no parole eligibility for 10 years. Lawrence Greenspon, lawyer for convicted Ottawa terrorist MominKhawaja, is arguing before the Supreme Court of Canada that a lifesentence handed his client is excessive. (Sean Kilpatrick/Canadian Press) Khawaja's lawyer urged the Supreme Court to overturn that sentenceand re-establish the original penalty. "I am asking court to say this unprecedented increase in sentencewas wrong," lawyer Lawrence Greenspon argued before the panel. "A life sentence in this case is unfit for the offence and theoffender." The Supreme Court will eventually deliver what will likely be aprecedent-setting ruling on one of Canada's most high-profileprosecutions under its anti-terrorism act. What is 'terrorist activity'? Khawaja's appeal is focused on the legal definition of whatconstitutes "terrorist activity." Canada's terrorism law, enacted two months after the 9-11 al-Qaidaattacks on the United States, includes a controversial section aso-called motive clause that requires prosecutors to proveterrorist conduct was performed for political, religious orideological reasons. At Khawaja's trial, Justice Douglas Rutherford ruled that themotive provision was unconstitutional, but still ordered the trialto proceed. In 2010, the appeal court also overturned Rutherford'sconstitutional ruling, and it increased Khawaja's sentence. Greenspon argued that the law is unconstitutional because itviolates Khawaja's right to express political and religious views.He said the motive clause "will have a chilling effect" onfree-speech rights. But Croft Michaelson, a lawyer with the federal prosecutionservice, said there has been no evidence produced on that point. He also argued that the free-speech protections offered under theCharter of Rights and Freedoms are not absolute and do not extendto protecting violence or threats of violence. The charter guarantees are to "promote and foster dialogue notprovide individuals with the means to coerce and intimidateothers," Michaelson said. "Terrorism is distinguished by the fact it is committed forpolitical, religious or ideological purpose." Khawaja was convicted in 2008 of training at a remote camp inPakistan, providing cash to a group of British extremists andoffences related to building a remote-control detonator. The prosecution failed to prove Khawaja knew the detonator was tobe used to set off a 600-kilogram fertilizer bomb in downtownLondon. But Greenspon said the appeal court held Khawajaresponsible for that offence when it increased its sentence. Michaelson argued that Khawaja was justly convicted,notwithstanding the striking down of the motive provision at theoutset of the trial. Justice Marshall Rothstein questioned the federal prosecutor overthe appeal court's new finding. "It does seem that, on appeal, the appellant was convicted of anoffence for which he wasn't tried ... The trial judge deleted themotive clause," Rothstein said. "We don't usually allow that on anappeal, do we?" The justices also pressed Michaelson on why a motive clause isnecessary in the law. "Part of the flavour of this is ... that this isn't reallynecessary, that a lot of countries don't have it, so why would youput it in there, this motive clause, unless you really wanted tofocus on particular minority, religious groups?" said Chief JusticeBeverley McLachlin. Asked Justice Louis LeBel: "How do you define what is political?What is a political purpose? What's an ideological purpose?" The high court is also hearing another terrorism case inconjunction with Khawaja's, involving two men wanted in the UnitedStates on charges relating to the banned Tamil Tigers organization. The second terror case before the Supreme Court deals with SureshSriskandarajah and Piratheepan Nadarajah, who are wanted in theUnited States on charges relating to the Tamil Tigers. The two are challenging their extradition to the U.S., whereprosecutors allege they tried to purchase $1-million worth of gunsand rockets for the Tigers. The court reserved judgment Monday after a full day of arguments. We are high quality suppliers, our products such as Suspended Working Platform , Hydraulic Dock Leveler for oversee buyer. To know more, please visits Rope Suspended Platform.
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