Montreal couple agree to submit to peace bond conditions over terror fears

MONTREAL — A Montreal couple acquitted on the majority of terrorism-related charges they were facing agreed Friday to a peace bond with strict conditions that include remaining in Canada and staying off social media.

The conditions were sought by the Crown amid RCMP fears the couple may commit a terror act.

Sabrine Djermane and El Mahdi Jamali, who are both in their early 20s, agreed to sign an undertaking to keep the peace over the next 12 months and respect a host of conditions.

They were arrested in April 2015 and faced three charges: attempting to leave Canada to commit a terror act abroad; possession of an explosive substance; and committing an act under the direction or for the profit of a terrorist organization.

A fourth charge of facilitating a terrorist act was withdrawn against the two.

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A jury acquitted Djermane last December of all charges, while Jamali was found guilty of a lesser charge of possession of an explosive without lawful excuse.

The Crown has since asked the Quebec Court of Appeal to overturn the acquittal on the explosives charge for Djermane and order a new trial on that single count.

Friday’s hearing was to settle an altogether different matter.

“What’s before the court here is not their guilt in relation to an offence, what’s before the court is that the police … have fears of the possibility that these people might commit a terrorist offence,” said prosecutor Richard Roy.

“All the Crown has to demonstrate is that this fear is grounded on reasonable grounds and the burden is much less (than for a criminal conviction).”

The two appeared briefly before a judge and admitted the Crown had the necessary evidence to obtain the bond.

Djermane’s lawyer, Charles Benmouyal, told reporters that contesting the bond would have led to a hearing in which hearsay evidence would have been admissible.

He added the Crown would have easily met its burden of proof.

Some of the conditions are strict — the pair must sign a police registry weekly and are prohibited from leaving Canada or applying for a passport of any nationality.

They are also forbidden from attempting to access or consult material promoting terrorism, violence or extreme or radical ideas based on political, religious or ideological reasons — unless it is for educational purposes.

The pair can’t go to one specific Islamic centre in east-end Montreal that is also home to a mosque.

They are not permitted to use social media — Facebook, Instagram, Twitter, Telegram and Kik messenger. The couple are also prohibited from possessing weapons or explosives.

Benmouyal said the conditions are somewhat limiting but described them as “basic.”

“What was admitted today is that if a hearing was held, with the evidence in possession of the prosecution, and because of the way that evidence can be presented to the court, their (the Crown’s) onus would have been met,” Benmouyal said.

“This is not an admission that these two young people are terrorists, not at all. It is the fear of an existence of a possibility of an offence being committed — this is a very low standard.”

Sidhartha Banerjee, The Canadian Press