OTTAWA - The Supreme Court of Canada will decide Thursday whether to hear the appeal of Raed Jaser, who was convicted of plotting to commit murder for a terrorist group. This case is part of a lengthy legal battle that began 12 years ago when Jaser and Chiheb Esseghaier were charged with planning attacks, including an attempt to sabotage a Via Rail passenger train.

Prosecutors alleged that Jaser and Esseghaier conspired to kill Canadian citizens to pressure Canada into withdrawing its military from Afghanistan. The evidence presented by the Crown included intercepted communications and testimony from an undercover FBI agent who had befriended Esseghaier.

While the jury could not reach a verdict on the charge related to the train plot, it convicted Jaser on three other terrorism-related charges: one count of conspiracy to commit murder for the benefit of a terrorist group and two counts of participating in terrorist activities. Esseghaier was found guilty on all counts.

Both men appealed their convictions. Jaser's legal team and a court-appointed lawyer for Esseghaier argued that the jury was improperly constituted. In August 2019, the Ontario Court of Appeal ordered a new trial, citing issues with the jury selection process. However, the Crown later successfully argued in the Supreme Court that the convictions should stand, as the jury selection error did not infringe on the defendants' right to a fair trial.

With the jury issue resolved, the Supreme Court sent the case back to the Ontario Court of Appeal to address the remaining challenges to the convictions. Esseghaier chose to abandon his appeal, but Jaser continued to pursue his case. Last year, the Court of Appeal rejected Jaser's challenge to his conviction and life sentence, leading him to seek a new hearing at the Supreme Court.

In his submission to the Supreme Court, Jaser's lawyers highlighted a lack of consensus across Canada regarding jury instructions in conspiracy cases. They argue that this presents an opportunity for the court to clarify and simplify these instructions. "Jury instructions on the law of conspiracy are too complex," the brief states. "The facts of the proposed appeal present this Court with an ideal opportunity to guide trial judges on simplifying and distilling their instructions."

Additionally, Jaser's legal team raised concerns about the application of the Canada Evidence Act regarding sensitive information and whether "entrapment-like conduct" should be considered during sentencing.

In response, the Crown contended that Jaser's appeal should be dismissed. They stated, "These issues are not novel and were properly rejected by the Court of Appeal. Although the facts giving rise to them are unique, they are specific to the circumstances of the applicant and do not raise any issue of public importance."