The 2013 Via Rail Canada terrorism plot was a conspiracy to commit terrorist acts in and against Canada in the form of disruption, destruction or derailment of trains operated by Canada's national passenger railway service, Via Rail Canada. The alleged targeted train route was the Maple Leaf, the daily train service between Toronto and New York City operated jointly by Via Rail and Amtrak. The two suspects, Chiheb Esseghaier and Raed Jaser, were arrested on 22 April 2013 by the RCMP and subsequently charged by the Crown in connection with the plot. Neither one is a Canadian citizen. On Friday, 20 March 2015, guilty verdicts were entered in the Ontario Superior Court of Justice, against both defendants, on all but one of the charges. The jury were discharged from determining the extent of guilt on the remaining charge. On Wednesday, 23 September 2015, both Esseghaier and Jaser were sentenced to imprisonment for life for their crimes.
Chiheb Esseghaier, a Tunisian citizen, was arrested by RCMP in Montreal, and Raed Jaser, who is stateless of Palestinian descent, was arrested in Toronto. The Crown filed special terrorism-related charges against both, with the consent on behalf of the Attorney General of Canada, as required by section 83.24 of the Criminal Code. The charges included conspiracy to carry out an attack, and to commit murder at the direction of, or in association with, a terrorist group.
Chiheb Esseghaier
Canadian and American intelligence experts have linked the plot to involvement by Al-Qaeda elements based around the Iran–Pakistan barrier. Chiheb Esseghaier is known to have travelled to Iran. At his arraignment before Justice of the Peace Susan Hilton in Toronto, Esseghaier repudiated the Criminal Code under which he was charged. Esseghaier defiantly told the court, "it is not a holy book." If convicted, he would receive a sentence of life imprisonment. Esseghaier, who was a doctoral student at the Institut national de la recherche scientifique of the Université du Québec, was known for his disruptive and offensive behaviour, and was referred to by his neighbours as a "nightmare neighbour". Esseghaier is believed to have been "radicalized" through contact with Ahmed Abassi, a 26-year-old Tunisian also arrested in connection with the plot by the U.S. Federal Bureau of Investigation in New York on 22 April.
Raed Jaser
The contention that Jaser is truly stateless—for the purposes of the enforcement of immigration law and regulation and deportation under Canadian law—may be questionable, in that he was known to have travelled to the United Arab Emirates on a Jordanian passport several times, and as recently as September 2011. He had been known to Canadian immigration officials since at least 2004, when Canada had commenced proceedings to deport him. It would appear, however, that his stateless status had been the conclusion of the panel considering his case, given that his deportation never actually occurred. This may have been because he had arrived in Canada from Germany on falsified French travel documents. Among other claims pertinent to his bids to remain in Canada, Jaser had claimed that he had been harassed by anti-immigrant groups while living in Germany. Jaser had a criminal record in Canada. At one point in time, he had been employed driving a minivan transporting special-education students in a Toronto suburb. He had been pardoned after conviction for the criminal offence of uttering a death threat.
The case
Chiheb Esseghaier and Raed Jaser were charged on 23 April 2013 by the Crown under special consent of the Attorney General of Canada, pursuant to section 83.24 of the Criminal Code. George Dolhai, Deputy Director of Public Prosecutions, entered charges under the Criminal Code against the two suspects.
Charges
The Crown alleges, both in English and French, as follows:
Links to foreign groups
Though the group linked to the plot is believed to operate out of Iran, it is not believed that they have received any Iranian state support, as historically Iran's regime has been officially hostile towards Al-Qaeda. While U.S. officials have claimed that Iran has given permission for Al-Qaeda to operate in Iran, the Iranian government has steadfastly denied any involvement, or even that Al-Qaeda has any operations on Iranian soil. A statement released by Iran's mission to the United Nations stated "Iran's position against this group is very clear and well known Al Qaeda has no possibility to do any activity inside Iran or conduct any operation abroad from Iran's territory, and we reject strongly and categorically any connection to this story." In responding to the alleged connections to Iran, Peter T. King, a member of the United States House of Representatives and chairman of the HouseHomeland Security Subcommittee on Counterintelligence and Terrorism stated "We know very little about al Qaeda's relationship with Iran." However, Canadian official James Malizia stated "receiving support from al Qaeda elements in Iran.... When I speak about supported, I mean direction and guidance."
Nature of plot
Representatives of Via Rail have assured the public that at no time were passengers in danger, as the plot was foiled before the men could put it into action. Canadian officials would not release certain details about the plot, but did explain that it had still been in the planning stages and was thwarted before it could be enacted. The CBC reports that the two men were under surveillance for over a year, and the RCMP confirms that the men "took steps and conducted activities to conduct a terrorist attack," such as monitoring trains in the Greater Toronto Area.
Sentencing
On 23 September, 2015, both men were sentenced to life imprisonment. The judge noted that neither had accepted responsibility for their offences or renounced their violent, racist, extremist beliefs, and expressed doubt on their rehabilitation prospects. In August 2019, the Ontario Court of Appeal ordered a new trial on grounds the jury that convicted them was improperly chosen.
