Terrorism Charge Laid Against Prominent Protest Leader in Toronto
- ALCCA Staff
- 3 hours ago
- 4 min read
This week, Ahmad Hassan Layosa Hajahmad (also known as Ahmad Jarrar) was charged with participating in or contributing to the activities of a terrorist group, Hamas (Harakat Al-Muqawama Al-Islamiya) for the purpose of enhancing the ability of Hamas to facilitate or carry out a terrorist activity, contrary to s. 83.18(1) of the Criminal Code.
Mark Sandler, ALCCA’s Chair, was the original criminal complainant in this matter. The matter was jointly investigated by the Toronto Police Service Hate Crime Unit and the RCMP’s Integrated National Security Enforcement Team (INSET).
Due to a conventional publication ban imposed at Hajahmad’s bail hearing, we are unable to detail the factual allegations against him. However, we can say that Hajahmad has been a prominent protest leader at many demonstrations in Toronto and elsewhere, and that his activities have been reported on in multiple publications.
The charging document (known as an Information) states that the terrorism charge relates to conduct spanning the period January 1, 2024 to October 31, 2025. Sandler’s complaint was initiated shortly after events that took place in May 2024.
Terrorism offences may only be prosecuted with the consent of the Attorney General. This charge was consented to by both the Attorney General of Ontario and the Attorney General of Canada.
Under the Criminal Code, participating in or contributing to the activities of a terrorist group may include any of the following:
Providing, receiving or recruiting a person to receive training
Providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group
Recruiting a person in order to facilitate or commit a terrorism offence or an act or omission outside Canada that, if committed in Canada, would be a terrorism offence
Entering or remaining in any country for the benefit of, at the direction of, or in association with a terrorist group, and
Making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit a terrorism offence or an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.
This offence may be proven whether the accused’s alleged participation in or contribution to Hamas’s terrorist activities actually enhanced Hamas’s ability to facilitate or carry out a terrorist attack and whether the accused knew the specifics of any such terrorist activity. Simply put, an accused need not be successful in facilitating a terrorist attack or privy to the specifics of such an attack in order to participate in or contribute to terrorist activities.
The allegations here represent an important development in combatting extremism targeting Jews and Israelis, through the use of terrorism legislation respecting an alleged public-facing leader of the pro-Hamas movement in Canada.
In January 2025, Hajahmad faced a charge of mischief in connection with a protest at Union Station on New Year’s Day resulting in the discharge of a smoke canister at the station. The prosecution withdrew this charge in 2025 upon Hajahmad entering into a peace bond for a period of one year, requiring him to “keep the peace and be of good behaviour.” We have raised issues in previous editorials about the exercise of prosecutorial discretion to withdraw these types of charges in similar situations.
On the current charge, Hajahmad was released on a $50,000 surety bail, with terms that require him to remain in Ontario, surrender all travel documents, not to possess any weapons, firearms or ammunition, and:
Not engage in demonstration-related activity within 500 metres of a synagogue, Jewish community or cultural centre or any event held in support of the Jewish or Israeli communities
Not engage in any demonstration-related activity that obstructs public roadways or pedestrian access/thoroughfares or sidewalks
Not block or obstruct, or counsel others to block or obstruct, entry onto, or exit from private property
Not engage in demonstration-related activity on private property except with the express written permission of the property owner or leaseholder.
While we welcome the terrorism charge laid against Hajahmad, we note the very substantial delay between the complaint and the charge, which was deeply troubling notwithstanding any complexity associated with the case. Such delay can adversely impact public safety and security, undermine effective deterrence, and seriously erode public confidence in the administration of justice.
In some cases, delay can also make it exceedingly difficult for the prosecution to insist on an accused’s detention pending trial. We have raised the issue of timely investigations and the timely exercise of the Attorney General’s consent in a variety of ways, including in submissions to Parliamentary committees and in meetings with law enforcement. In fairness, we have recently seen several speedy consents in Ontario to hate propaganda prosecutions and significant additional resources devoted to extremism activities, including the creation in Toronto of the new Counter Terrorism Security Unit.
We have also seen enhanced use of wilful promotion of hatred and public incitement of hatred charges in relation to alleged conduct targeting Jewish and Israeli Canadians. The latter offence does not require the personal consent of the Attorney General as a precondition to charges being laid.
We will keep our readers advised of the status of the criminal case against Hajahmad.
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