Crown no longer seeking adult sentence for teen who pleaded guilty to terror charges

Police activity in Kingston, Ont., Friday, Jan. 25, 2019.

Prosecutors say they are no longer seeking an adult sentence for a teenager who pleaded guilty to terrorism-related charges including possession of explosive material and counselling someone to detonate a bomb.

In a virtual hearing today, the Crown said it is instead making a joint submission with the defence for the maximum youth sentence of three years, with "stringent conditions."

Prosecutor Tom Lemon says the sentence would involve two years of custody and one of community supervision, and would be on top of the three years the teen has already spent in custody, with no credit given for time served.

Lemon says the Crown changed its position after reviewing evidence presented during previous portions of the sentencing hearing, including reports indicating the teen has made "significant rehabilitative efforts."

He notes the youth has completed Grade 12 while in custody and remains committed to his studies, takes part in twice weekly spiritual counselling and is described as a "model resident" at the facility where he's held.

The Kingston, Ont., teen, who cannot be identified under the Youth Criminal Justice Act, was 16 when he was arrested by RCMP in January 2019 following a tip from the U.S. Federal Bureau of Investigation.

An agreed statement of facts said the teen unwittingly communicated with an FBI undercover agent he believed to be a "lone wolf" terrorist in Virginia, and sent him instructions on how to build a pressure-cooker bomb.

The statement said the teen also encouraged the agent to plant the bomb in a public place, such as a bar, to kill "enemies of Allah."

No bomb was planted but the statement said a search of the youth's home found all the materials needed to create one.

The youth pleaded guilty in 2020 to facilitating a terrorist activity, possession of an explosive substance with intent to injure or kill, taking action to cause an explosion and counselling another person to detonate an explosive device to cause injury or death.

He also admitted to breaching his bail conditions for failing to wear a monitoring bracelet.

Last year, Crown prosecutors asked the court to sentence the teen as an adult. The defence, meanwhile, said a youth sentence of three years would be appropriate.

The case continues Friday afternoon and is expected to return on Feb. 9.

This report by The Canadian Press was first published Jan. 28, 2022