A Windsor man has lost his bid to have a terrorism allegation against him thrown out of court.
Seth Bertrand, 22, has pleaded not guilty to one count of participating in a terrorist organization known as Atomwaffen Division (AWD) between February and May 2021.
When the prosecution concluded their case, Bertrand’s defence lawyer, Bobby Russon, argued there is no evidence of mens rea, Latin for ‘the guilty mind’.
In layman’s terms, Russon argued while his client may have applied to join AWD, that didn’t mean Bertrand intended to take any actions on their behalf.
The crown attorneys relied on Bertrand’s statements to an undercover officer. The statements were made after his arrest and on his actions.
He told an RCMP officer the AWD was a “domestic terrorist organization” but when he was later arrested, he told police it was just a “paramilitary organization” at the time he applied to join.
Bertrand also bragged in his AWD application about vandalism at a local transgender support office and harassment of a same-sex couple in Windsor.
“Look on the bright side,” Bertrand bragged in an online chat.
“If I do end up going to jail, I can recruit people from inside the prison.”
Justice Carroccia decision
The defence motion was what’s called a ‘directed verdict’.
The prosecution argued in a motion like it, the judge cannot make findings of fact, but rather must consider the evidence in its totality.
And if any of the evidence is circumstantial where different inferences can be drawn, the judge must “draw the inference most favourable to the Crown”, the decision reads.
Justice Maria Carroccia rejected the defence motion.
“The accused espoused the ideology of an organization that he himself identified as a domestic terrorist organization,” the judge wrote.
“He applied to join that terrorist organization, pledged his loyalty, and wanted to be a part of the group. He thereafter engaged in conduct that was designed to instill fear, that are hate-motivated crimes to show his commitment.”
Justice Carroccia ruled there was enough evidence for a properly instructed jury to convict, even though the case is not before a jury.
Next steps
After the ruling, Russon declined to call any evidence and did not put Bertrand on the stand to testify on his own behalf.
Closing arguments will now be heard April 9 in Windsor’s superior court.
