Lawyer for Windsor man charged with terrorism asks court to throw out case

The lawyer for a Windsor man charged with terrorism has asked the judge in the case to dismiss the charges saying there's no evidence that the accused actually intended to perform any terrorist activity – or that he did so.

Bobby Russon argued in court Friday that there's nothing to suggest that Seth Bertrand applied to do anything to help Atomwaffen Division, an organization that the federal government has listed as a terrorist entity since 2021.

Bertrand, he said, had used words like "activism" and "advocate" when referring to joining the group, but those don't indicate violence or terrorism. 

The crown disagreed, saying the law against terrorism is about prevention.

And even if Bertrand didn't do anything, it was enough that he tried to participate. 

Bertrand was arrested and charged with terrorism in 2022 after the RCMP say he tried to join the far-right group, which is inspired by the writings of avowed U.S. neo-Nazi James Mason and promotes armed violence for white nationalist aims.

Ottawa says it calls for acts of violence against racial, religious and ethnic groups.

Bertrand had submitted an email application offering his loyalty to Atomwaffen Division and saying he wanted, "nothing more than to be a part of a group that's actually doing things to save/protect the white race."

He also admitted to an undercover officer that he had joined the group.

And he admitted the same to an RCMP officer after his arrest. 

However, he did say that he lost contact with the group and never actually worked under them. 

Bertrand's case has been before the court since October. 

The judge is expected to decide at the end of the month if she will dismiss the charge.

Prior to Bertrand's arrest on the terrorism charge, he committed hate-motivated acts of vandalism in Windsor from February to May of 2021 — such as smashing a window at a trans support centre and scrawling swastikas and slurs on the property.

Bertrand pleaded guilty to three counts of mischief and one count of inciting hatred in connection with the vandalism.