Achi news desk-
A Calgary man accused of going to Syria to fight with ISIS is trying to have the terrorism charges against him thrown out because of the time it has taken for the case to make its way to trial.
At a hearing on Monday, Justice Corina Dario heard Jordan’s request to have all charges against Jamal Borhot, 34, sat quietly in court wearing a jacket and collared shirt.
Borhot was charged in 2020 with three counts of participating in terrorist group activity, accused of traveling to Syria in 2013 and 2014 to carry out terrorist acts with the Islamic State.
Defense lawyer Pawel Milczarek argued at the hearing that the trial schedule had exceeded the limits set by the Supreme Court of Canada and that the case against his client should be dismissed.
According to the decision of R. v. Jordan in 2016 the Supreme Court – referred to as the ‘Jordan decision’ – trials must be heard within 30 months after charges are laid before a provincial superior court, such as Alberta’s Court of King’s Bench.
The Charter challenge alleges that Borhot’s right to a trial in a timely manner was violated, noting the delay of 44 months and eight days after Borhot was charged in September 2020 to the final day of the trial on May 31, 2024.
Crown prosecutors argue that the delay is a result of the defense and say the case is closer to 17 months.
Domenic Puglia told the court that even if Dario disagreed with their calculations, he would ask her to reject Jordan’s request due to the exceptional circumstances of a complex case involving national security.
Kelly Sundberg, a criminologist and associate professor in the department of economics, justice and policy studies at Mount Royal University, says it is difficult to prosecute these cases because the alleged crimes took place overseas.
“This is an individual who has been accused of taking part in activities and supporting membership and fighting with ISIS, which is a terrorist organization that operated in an incredibly remote and inaccessible area, for the most part,” he said.
“So the evidence, the witnesses, all these components to this matter are incredibly difficult to nail down, let alone present within a court of law.”
Sundberg says on a broader scale, this type of case highlights a shortcoming in Canada’s ability to hold accountable Canadians who went abroad to fight with terrorist organizations.
“The Government of Canada has done little, if anything, to meaningfully address foreign fighters. This is a major national security concern for our country. We have seen an abysmal response to issues related to boosting Canada’s ability to combat terrorist activities, as well as foreign fighters being returned to Canada,” he said.
“So this is a very important case. It’s going to bring to light what happened and what the future risks are, and it’s also going to highlight how many individuals in Canada went over to fight terrorists and who have now returned to Canada and live within our communities. This is a really worrying reality that we live in today.”
Borhot’s mother remained in court for much of the hearing but did not want to comment on the case or her son.
Borhot’s co-accused and cousin, Hussein Borhot, was sentenced to 12 years in prison in May 2022 in a separate trial.
