Appeal filed in terror convictions

Two men found guilty of terrorism charges after being accused of plotting to derail a passenger train are asking Ontario’s highest court to grant them a new trial, arguing the jury that convicted them was improperly selected.

Lawyers for Raed Jaser argue the judge who oversaw the case made several errors, including in rejecting their client’s request as to the method of jury selection.

Jaser’s co-accused, Chiheb Esseghaier, continues to be self-represented but a lawyer appointed to assist him through the legal process agrees the jury was not properly constituted and says a new trial must be ordered for both men.

Though Jaser has raised several other grounds of appeal, the court has said it will first weigh the issue of jury selection before considering the others. The challenge is expected to be heard in a Toronto court today.

Jaser and Esseghaier were found guilty in 2015 on a total of eight terror-related charges between them. They were sentenced to life in prison with no chance of parole until 2023.

The Toronto judge who presided over their trial found both men had not renounced their extremists beliefs, nor had they accepted responsibility for their offences.

Esseghaier, a devoutly religious Muslim, often interrupted court proceedings with rambling speeches and at times prayed in the prisoner’s dock. His mental state was raised during the sentencing phase of the trial.

In documents filed ahead of today’s hearing, Jaser’s lawyers said the law regarding jury selection was in flux during the trial, but over time the interpretation used by the trial judge has been found to be wrong.

During the selection process, prospective jurors may face questions regarding their ability to remain impartial. Two people from the jury pool take on the role of “triers,” meaning they consider the answer and determine whether there is sign of bias. Lawyers for both the Crown and the defence then decide whether to allow the person on the jury.

Each newly appointed juror replaces one of the two triers so that the responsibility is shared — a process called “rotating triers.”