A Tale of Two Brothers: The Impact of the Khadr Cases on Canadian Anti-Terrorism Law

Document Type

Book Chapter

Publication Date



Terrorism, 9/11, Toronto 18, Khadr, Extradition, Supreme Court of Canada, Constitutionality, Criminal Code


After something of a slow start, Canada’s post-9/11 terrorism laws have seen a fair amount of traffic over the last several years, and many of these prosecutions were high-profile in both the public and the legal senses. The case of the “Toronto 18” was well-chewed over by the press, coverage oscillating between grim amusement at the apparent incompetence of some of the accused and the sobering danger presented by others. The Supreme Court of Canada recently granted leave to appeal in the cases of Momin Khawaja, who was convicted for various terrorist activities carried out within and outside Canada, and of Suresh Sriskandarajah and Piratheepan Nadarajah, both of whom are facing extradition to the U.S. for allegedly providing support to the Liberation Tigers of the Tamil Eelam (“LTTE”). In all three of these cases, which will be heard together, the constitutionality of the definitional aspects of the Criminal Code’s terrorism offenses will be dealt with by the top court. There is no doubt that anti-terrorism prosecutions are well on the national radar.