What is so difficult about prosecuting for terrorism?
It's more complicated than a "garden-variety" Criminal Code offence, a source close to the Public Prosecution Service said. "Terrorism offences have only been in effect since 2001. We've had murder for 500 years. You have to prove someone's motivation and, generally, motive is irrelevant in criminal court." One question that could arise is whether Canada's civilian spy agency, CSIS, would have to disclose its information to the accused. And at a time when delay is a big concern, the extra time could take away from other important cases, the source said.
What about the Edmonton van incident last weekend, which looked straight out of the Islamic State playbook? And wasn't an IS flag found in the van?
The RCMP says it is still investigating, and if it finds that more charges are warranted, it will file them. So far, it has filed 11 charges against Abdulahi Hasan Sharif, a 30-year-old Somali refugee: five counts of attempted murder, five of dangerous driving causing bodily harm and one weapons offence.
What is lost by not filing terrorism charges?
Symbolic value. "Given the high penalties for attempted murder or murder, the debate is largely symbolic but symbols matter," Prof. Roach said. "We need to be even-handed with the terrorism label and not associate it with any particular religious or political grouping."
