Mohamed Hersi v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)


Canadian charter (Criminal) - Criminal law, Evidence - Charter of Rights — Criminal law — Evidence — Attempting or counselling participation in or contribution to activities of terrorist group — Entrapment — Whether attempt and counselling offences under s. 83.18 of the Criminal Code are unconstitutional for arbitrariness, overbreadth, gross disproportionality, being ultra vires Parliament’s authority or for breach of ss. 2(a), 2(b) or 7 of the Charter — Whether loss of evidence breached right to make full answer and defence and appropriate remedy was a stay of proceedings — Whether police engaged in random virtue testing entrapment? .


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Mr. Hersi was arrested before boarding a flight with a connecting flight to Egypt. An undercover officer testified that Mr. Hersi said that he wanted to travel to Somalia through Egypt in order to join a terrorist group and do whatever he was asked to further the terrorist group’s jihadist goals and that Mr. Hersi encouraged him to do the same. Mr. Hersi was convicted by a jury of attempting to knowingly participate in or contribute to the activities of a terrorist group and counselling another person to knowingly participate in or contribute to the activities of a terrorist group. The Court of Appeal dismissed an appeal.