B.C. man acquitted of terror charges sues provincial, federal governments

Othman Hamdan was charged in 2015 over 85 Facebook posts in which he supported some actions of Islamic State militants

Scales of justice

A British Columbia man acquitted of terrorism-related charges has filed a lawsuit against the provincial and federal governments, arguing he was maliciously prosecuted in violation of his charter rights.

Othman Hamdan was charged in 2015 over 85 Facebook posts in which he supported some actions of Islamic State militants and celebrated “lone wolf” terrorists. Last year, a B.C. judge ruled his comments might have been offensive, but they didn’t constitute inciting terrorism.

Hamdan has filed a lawsuit that argues Canadian and B.C. authorities prosecuted him despite the absence of probable grounds supporting his guilt and chose to ignore a body of evidence that supported his innocence.

“The conduct of the defendants was reckless, intentional, deliberate, in disregard of the plaintiff’s rights, indifferent to the consequences and exploited the plaintiff’s vulnerability,” says the notice of civil claim filed in B.C. Supreme Court.

Hamdan, 35, is a Jordanian national of Palestinian descent who came to B.C. after living in the United States and was granted refugee status following the 9/11 terrorist attacks. He has been detained pending the results of an immigration review.

At the time of his arrest, he was living in the northern community of Fort St. John. The Facebook posts were written between September 2014 and July 2015, with one reading, “Lone wolves, we salute you.”

Related: B.C. man cleared of terrorism charges related to Facebook posts

In acquitting Hamdan, B.C. Supreme Court Justice Bruce Butler wrote that he “was trying to highlight what he perceived to be hypocrisy and injustice, support some of the actions of (the Islamic State) in its defence of Sunni Muslims in Iraq and Syria and promote discussion about these issues.”

Hamdan says in his notice of civil claim that he only learned during trial that the sole evidence being presented against him was the online posts, which he says are constitutionally protected speech and “woefully inadequate evidence to secure a conviction.”

None of the allegations contained in the lawsuit has been proven and no statements of defence have been filed.

Hamdan alleges the Crown never presented the full body of evidence in their possession — hundreds, if not thousands of posts — but simply chose particular posts which fit their theory of the case.

“The only purpose of the plaintiff’s incarceration has been to disrupt him from having access to a computer to voice constitutionally protected speech, in violation of his charter rights,” says the lawsuit.

Hamdan says he remains “unlawfully” incarcerated and has suffered damages including loss of liberty, reputation, privacy and opportunity to earn income, as well as humiliation, pain and suffering.

He adds the defendants’ conduct “offends the moral standards of the community and warrants the condemnation of this court.

“In doing so, they acted in a manner inconsistent with their roles as ministers of justice and with an intention to subvert or abuse the office of the provincial Crown and the process of criminal justice, and so exceeded the boundaries of the office and of the provincial Crown.”

Laura Kane, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Seventh annual Campagnolo Lecture coming to Courtenay

Minister of Justice Jody Wilson-Raybould to speak

Risk of thunderstorm this afternoon for Vancouver Island and Lower Mainland

A special weather statement calls for heavy rain and wind over the next 48 hours

School for students on Hornby Island ‘normal as can be’: portables expected in new year

While it’s not an ideal situation, the return to school for students… Continue reading

Christmas comes early for residents of Cumberland Lodge

It’s Christmas in September at Cumberland Lodge. The Rotary Club of Cumberland… Continue reading

Big Beach Cleanup builds awareness of ocean debris impacts

First two cleanup days brought in 40 cubic yards of plastic and styrofoam

Fashion Fridays: Rock some animal print

Kim XO, lets you in on the latest fall fashion trends on Fashion Fridays on the Black Press Media Network

Liberals want to know what Canadians think of legalized weed

The federal government will comb social media for Canadians’ pot-related behaviour

Ex-Trump lawyer Cohen boasts of aiding Mueller investigation

Cohen could provide information on whether Trump’s campaign co-ordinated with Russians

Landslide forces evacuations of Philippine villages

More than 1,200 people in villages near the landslide-hit area were forcibly moved by authorities

Students asked about the positive effects of residential schools

Alberta’s education minister apologized after hearing about the online social studies course

Permit to give B.C. deer birth control on hold until consultation with First Nations

Complexity of consultation will depend on level of First Nations support for the project

Feds launching review of oil tanker traffic in bid to renew pipeline approval

The feds have ordered the National Energy Board to bring recommendations on whether pipeline expansion should proceed

Horvat leads Canucks to 4-3 shootout victory over Kings

Vancouver dumps L.A. in NHL pre-season contest

Update: Search called off for missing plane between Edmonton and Chilliwack

Search efforts were concentrated along the Highway 5 corridor between Valemount and Kamloops

Most Read