Ottawa man challenges 'broad and vague' anti-terrorism law

Khawaja is scheduled to stand trial in January. He has been held in an Ottawa jail since March 2004, accused of helping a British terror cell.

Police say members of the cell conspired to set off bombs in shopping malls and nightclubs in and around London using ammonium nitrate fertilizer and a remote cellphone detonator.

Seven men are currently on trial in Britain over the accusations.

Khawaja himself has been charged with seven offences. He is accused of developing bomb detonators, counselling others to finance terrorism, planning a terrorist attack and knowingly participating in a terrorist group.

Khawaja was born and raised in Ottawa. He was working on contract as a software developer for Foreign Affairs Canada at the time of his arrest. He and his family, immigrants from Pakistan, insist he is innocent.

Nineteen men and youths from the Toronto area have also been charged under the act.

In court documents, Greenspon likens the act to other "crisis-style responses" such as the Chinese head tax imposed in 1885; the internment of Japanese-, Italian- and German-Canadians during the Second World War; and the War Measures Act during the October Crisis in Quebec in 1970.

Court documents filed by the Crown says the act is needed to keep Canadians safe and to uphold Canada's international obligations in fighting terrorism.

Craig Forcese, a professor who researches national security law at the University of Ottawa, said the definition of terrorist activities that Khawaja and Greenspon are challenging is a critical component supporting the bill itself.

"If it were to be challenged successfully, a lot of the fabric of Bill 36 would collapse," he said.

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