Why the Quebec Mosque mass shooter may not be charged with terrorism, but should be

One person's criminal may be another's terrorist

Alexandre Bissonnette was not charged with terrorism although his attack in Quebec has all the elements of a terror act.

By Faisal Kutty, Aljazeera

Within 24 hours of the Quebec City mosque attack killing six and wounding nineteen, the 27-year-old suspect, Alexandre Bissonnette, stood in court charged with murder and attempted murder. 

PM Justin Trudeau and others called it terrorism. But why is there no mention of terrorism or hate in the criminal charges?

The Criminal Code defines terrorism as an act committed, entirely or in part, for political, religious or ideological purpose, objective or cause that has "the intention of intimidating the public, or a segment of the public with regard to its security."

In this case, there are plenty of reports documenting the 27-year-old Laval University student's journey from a moderate conservative to someone with far-right sympathies and connections. And there is no doubt that Bissonnette's victims, Muslims, were terrorised.

There is still a possibility that charges of terrorism may follow because prosecutors are still reviewing evidence. Ultimately, it's their call.

'Onerous to prove'

WATCH: Quebec mosque shooting puts Islamophobia in focus (2:43)

Prosecutors have told the media that they have charged Bissonnette with the offences for which they have evidence to convict. Terrorism is more onerous to prove than regular crimes, in part because critical parts of the charges rely on motive and other factors.

If the crown believes that the evidence against a suspect is solid, then adding terrorism charges may unnecessarily complicate the case from a strictly legal perspective. Understandably, establishing intent to kill is much easier than proving the motivation behind the action.

But, assuming the evidence exists, prosecutors will undoubtedly introduce the hate angle during the sentencing stage to seek an enhancement of the ultimate sentence, if he is found guilty.

Yet, many are cautioning against charging him with terrorism. In fact, some even contend that there is "no real purpose" to pursuing such charges beyond the symbolism because it would have little, if any, impact on the sentence.

I agree. Moreover, being a critic of the anti-terror regime, I also believe the law should be scrapped. That said, until and unless that happens, Bissonnette should be charged with terrorism.

As long as we have the law in place, to paraphrase PM Trudeau with a twist, a terrorist is a terrorist is a terrorist. The degree of caution argued above is rarely exercised when suspects are Muslims. In such instances, the terrorism label is used with relative ease, without regard to the devastating impact on both the community and individual members.

'Terror' vs 'murder'

As Osgoode Hall Law School Professor Faisal Bhabha told CBC, it's impossible to ignore the social and political context in which such decisions are made. He further contends that "men of colour, and Muslim men, in particular, are more likely to face terror charges than white male mass shooters …"

Bissonnette must be charged with terrorism for the sake of public perception and to challenge the falsehood that only Muslims commit terrorism.

Indeed, the selective use is evident from even a cursory review of a handful of recent cases. A simple Google search will also reveal that numerous Muslim men were charged with terrorism offences, sometimes with tenuous or imagined connections to terror. Meanwhile, non-Muslims get a pass.

Let's go back to 2013....To continue reading visit Aljazeera

Faisal Kutty, is an associate professor of law and director of the International LL.M. Program at Valparaiso University Law School and an adjunct professor, Osgoode Hall Law School, York University. He is also a co-founder of KSM Law for which he serves as counsel. He is a regular columnist for The Express Tribune and his work frequently appears in The Toronto Star. His academic articles are archived at SSRN.

Follow Faisal on Twitter | @faisalkutty

Website: www.TheMuslimLawyer.com