Case information

Criminal law — Defences — Charge to jury — Evidence — Disclosure — Privilege — National Security privilege — Sentencing — Considerations — Entrapment — How should courts instruct juries in two-person conspiracy cases involving a feigned agreement defence and the co-conspirator’s hearsay exception — How does s. 38 of the Canada Evidence Act apply and what procedure should be followed when national security privilege is claimed during O’Connor and Garofoli applications — Can the state’s entrapment-like conduct operate as a mitigating factor on sentence?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Mr. Jaser and an accomplice were accused of planning various plots to commit mass murder in support of terrorism. Defence counsel obtained disclosure of an affidavit filed in support of a warrant issued to the Canadian Security Intelligence Service but the disclosed affidavit was redacted because national security privilege was claimed. Mr. Jaser’s counsel argued a feigned agreement defence that Mr. Jaser only pretended to participate in plotting terrorism in hopes of cheating his accomplices out of money. A jury convicted Mr. Jaser on one count of conspiracy to commit murder for the benefit of a terrorist group and on two counts of participating in or contributing to the activity of a terrorist group. A count against Mr. Jaser of conspiracy to damage transportation infrastructure with intent to endanger the safety of persons in a manner likely to cause death or bodily harm for the benefit of a terrorist group resulted in a mistrial. Mr. Jaser was sentenced to imprisonment for life, 8 years, and 5 years, with no eligibility for parole for 10 years. The sentencing judge declined to treat the involvement of an undercover officer as entrapment meriting a reduction in sentence. The Court of Appeal dismissed an appeal.