Federal Court says RCMP must hand over solicitor-client information in terror plot case

The Federal Court has made a significant ruling, stating that the RCMP must provide soldier-client information to the country’s national security review agency. This decision allows for a long-awaited review into whether the Mounties mishandled the case of a Canadian convicted of plotting ISIS-inspired terror attacks in the U.S. to move forward.

The case revolves around a complaint from Abdulrahman El Bahnasawy’s father, Osama El Bahnasawy, who alleges that the RCMP played a role in entrapping his son. Abdulrahman is currently serving a lengthy sentence in a U.S. maximum security prison after being arrested by the FBI, with assistance from the RCMP, in New York in May 2016. The teenager from Mississauga, Ontario, who has a history of bipolar disorder and addiction, was communicating online with an undercover FBI officer he believed to be an ISIS supporter about bombing Times Square and the New York City subway system.

During the trial, the defense argued that the agent encouraged El Bahnasawy to plan the attacks, while prosecutors maintained that the plot was already in motion before their communication began. El Bahnasawy ultimately pleaded guilty to conspiracy-related terror charges and was sentenced to 40 years in prison in 2018.

The El Bahnasawy family has raised concerns about the RCMP’s handling of the case, alleging that the Mounties failed to intervene while El Bahnasawy was still in Canada, despite his young age and mental health issues. They claim that the RCMP allowed him to be arrested and prosecuted in the U.S. under a system that provides fewer protections for mentally ill defendants.

A review conducted by Vice-Chair Craig Forcese on behalf of the National Security and Intelligence Review Agency (NSIRA) found that the RCMP acted in good faith based on credible evidence. However, Forcese noted that his findings were incomplete as the RCMP refused to disclose what legal advice they sought.

In a recent ruling, Justice John Norris emphasized the importance of understanding the decisions made by the RCMP in such national security investigations. He stated that it is necessary to know what legal advice was sought and whether it was followed. The Federal Court dismissed the RCMP’s argument that the NSIRA Act does not entitle Forcese’s team to solicitor-client information.

The El Bahnasawy family’s lawyer, John Phillips, criticized the RCMP’s lack of cooperation as “shameful” and an “injustice.” He highlighted the family’s struggle to obtain information that NSIRA should have had access to from the beginning. The RCMP did not respond to requests for comment.

NSIRA refrained from providing further details on the review, citing the need for all investigations to be conducted privately. The ruling by the Federal Court is a significant step towards addressing the concerns raised by the El Bahnasawy family and ensuring accountability within the RCMP’s handling of national security cases.