Crystal ball theory of liability – How banks and financiers became liable for terrorist acts of their non-terrorist listed customers

Arab Bank case pushes anti-money laundering law off the liability deep end In a weird twist of law, our global anti-money laundering laws that were designed to bankrupt terrorist organizations, and prevent the flow of illicit funds, may bankrupt many of our banks instead. Early this week, in Linde v. Arab Bank, the Arab Bank was [...]

Supreme Court of Canada upholds terrorism conviction and sentence of life imprisonment

Yesterday, the Supreme Court of Canada dismissed an appeal by convicted terrorist Mohammed Khawaja from a decision of the Ontario Court of Appeal that upheld his conviction for terrorism under the Anti-Terrorism Act and had imposed a sentence of life imprisonment plus 24 years on Khawaja for his crimes.

Omnibus crime bill receives Royal Assent and impacts anti-terrorism laws

The Safe Streets and Communities Act, (Bill C-10), also known as the omnibus crime bill received Royal Assent today in Parliament and is significant from an anti-terrorism perspective. Justice for Victims of Terrorism Bill C-10 enacts the Justice for Victims of Terrorism Act (the “Act”) which creates a cause of action that allows victims of terrorism to [...]

Two Somali foreign nationals in the US convicted of terrorist financing

Two Somali women, who became US naturalized citizens, were convicted today in federal court in Minnesota of terrorist financing for providing material support to al-Shabaab, a listed terrorist entity in both the US and Canada. The two women collected funds from Somali foreign nationals in Canada and the US during a three year period and [...]

Supreme Court of Canada agrees to hear appeal of terrorism law

The Supreme Court of Canada has granted leave to Mohammed Khawaja to appeal the decision of Ontario Court of Appeal that upheld his conviction for terrorist activity financing and other terrorism-related charges under the Anti-Terrorism Act.  The Ontario Court of Appeal called Khawaja’s initial 101/2 year sentence “manifestly unfit” and substituted it for a sentence of life [...]

BC Court of Appeal upholds terrorist financing sentence

The Court of Appeal for British Columbia has upheld a six month prison sentence imposed on a former Sri Lankan refugee in Canada for terrorist activity financing. In 2008, Prapaharan Thambaithurai solicited funds from members of the Tamil community in Vancouver to support the Liberation Tigers of Tamil Eelam (LTTE), a designated terrorist group in Canada [...]

Khadr pleads guilty to supporting terrorism

Omar Khadr has pleaded guilty to multiple charges for his role in a battle with coalition troops in Afghanistan, including murder, attempted murder, supporting terrorism and spying. Khadr admitted to throwing a grenade on July 27, 2002, that killed Sgt. Christopher Speer after a four-hour firefight between al Qaeda affiliated forces and U.S. military forces, [...]

Sri Lankan sentenced for terrorist financing in Canada

A former refugee from Sri Lanka, Prapaharan Thambithurai, pleaded guilty to terrorist financing in British Columbia Supreme Court and received a lenient six-month sentence today. He is the first person in Canada charged with terrorist financing under Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Thambithurai admitted raising funds for the Liberation Tigers of [...]