De-Conflicting Canada’s Anti-Terrorism Legislation: Khawaja and the Ongoing Challenges of the ‘Armed Conflict’ Exclusion by Christopher K. Penny

“…Following the recent trial of Momin Khawaja before the Ontario Superior Court of Justice, it is clear that the ‘armed conflict’ exclusion – exempting wartime activities undertaken in accordance with international law – poses serious challenges to the coherence of this legislative regime, threatening the effectiveness of future domestic terrorism prosecutions. This article examines the ‘armed conflict’ exclusion and its judicial treatment in Khawaja, identifying key challenges and making specific recommendations to address them. …”
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