Today the Court of Appeal upheld the order of Justice Bruce staying proceedings in respect of terrorism related charges against Mr. Nuttall and Ms. Korody.
Mr. Nuttall and Ms. Korody were charged with four terrorism offences arising from a plot to place pressure cooker bombs outside the Parliament Buildings in Victoria on Canada Day in 2013. The trial judge found they had been entrapped.
The Court of Appeal agreed and held that “the police went far beyond investigating a crime. They pushed and pushed and pushed the two defendants to come up with a workable plan. The police did everything necessary to facilitate the plan. I can find no fault with the trial judge’s conclusion that the police manufactured the crime that was committed and were the primary actors in its commission.” As a result, the Court found the “overall conduct of this investigation was a travesty of justice.”
The full decision of the Court of Appeal is available here.
Alison Latimer acted as counsel for Mr. Nuttall with Marilyn Sandford, Q.C. and Alix Tolliday. Scott Wright acted as counsel for Ms. Korody.