R. v. N.Y. 2012 ONCA 745
Civil Rights - Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Exclusion of evidence
N.Y. along with three other young persons and fourteen adults, were charged following a police investigation that uncovered a plot to commit public acts of terrorism. N.Y. was convicted of knowingly participating in or contributing to the activities of a terrorist group (Criminal Code, s. 83.18) and sentenced to 30 months’ imprisonment. The trial judge found that N.Y. had participated in and aided the terrorist group by attending a terrorist training camp in rural Ontario, shoplifting camping supplies and walkie-talkies for the group, and removing a law enforcement surveillance camera found in the apartment complex of one of the leaders of the terrorist group (See  O.T.C. Uned. L16). N.Y. appealed his conviction, arguing that the trial judge erred by: (1) misapprehending the evidence and making findings based on speculation and inferences not founded on the evidence; (2) admitting into evidence the accused’s post-arrest statement despite having found that the police had breached his rights under ss. 10(a) and 10(b) of the Charter; (3) relying on hearsay evidence of comments made by Ahmad (one of the lead conspirators), and the interpretation of those comments, led through the witness, Shaikh (a CSIS confidential informant); and (4) failing to enter a stay of proceedings at the end of trial on abuse of process grounds, in particular, in failing to find that Shaikh was a state agent rather than a confidential informant, and in failing to give sufficient weight to what were alleged to be overbearing and illegal acts on Shaikh’s part.
The Ontario Court of Appeal dismissed the appeal, declining to give effect to any of N.Y.’s submissions.
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