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Accused terrorist wins Charter case, part of anti-terror law struck down
CP
October 25, 2006
A judge has struck down a portion of the Anti-Terrorism Act which defines terrorism, saying it violates the Charter of Rights.
The ruling hands a partial victory to accused terror suspect Mohammed Momin Khawaja, but he remains behind bars.
Khawaja is the first person charged under the anti-terror provisions of the Criminal Code.
He has been in custody since his arrest on March 29, 2004, and was scheduled to go to trial in January.
Justice Douglas Rutherford of the Superior Court "severed" a clause in the law which deals with ideological, religious or political motivation for illegal acts, but said the case can still go to trial.
Khawaja's lawyer said the ruling strikes to the core of the law.
"The motive clause is at the heart of the anti-terror law; that clause has been struck down," he said.
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