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Immigration and Commission de l'immigration

Refugee Board of Canada et du statut de réfugié du Canada


Immigration Division Section de l’immigration

ID File No. / No de dossier de la SI: B7-00771


Client ID No. / No ID client: 5189-8239

Reasons and Decision − Motifs et decision

The Minister of Public Safety and Emergency Preparedness


Between Le ministre de la Sécurité publique e de la Protection civile Entre

and et

Person(s) Concerned Othman Ayed HAMDAN Intéressé(e)(s)

Date(s) of Hearing April 16 & 17 Date(s) de l’audience


May 22, 23 & 24
June 18, 2018

Place of Hearing Vancouver, B.C. Lieu de l’audience

Date of Decision 18 October 2018 Date de la décision

Panel M. Tessler Tribunal

Conseil(s) pour
Counsel for the Person(s) Peter Edelmann,
l’intéressé(e) / les
Concerned Barrister & Solicitor
intéressé(e)(s)

Counsel for the Minister Randal Hyland Conseil du ministre


Denise Reid
ID File No. / N° de dossier de la SI : B7-00771

INDEX

PAGE

Introduction 2

Decision 2

Background 2

Law 3

1. Criminal Trial vs. Admissibility Hearing 3


2. Reasonable Grounds to Believe 5
3. Danger to the Security of Canada 6
4. Freedom of Expression under s.2(b) of the Charter 7

Oral Testimony 8

Facts and Analysis 8

1. The Islamic State 8


2. Key Posts 10
Screen-Capture Issues 10
Format of Analysis 12
Page and Profile Names 12
Background Imagery 15
Language 16
Emoticons 16
Key Post that demonstrate Mr. Hamdan’s allegiance to and support of the 17
Islamic State
Key Posts that praise or glorify acts of terrorism/Lone Wolf attacks 25
Key Post that threaten Facebook staff 33
Key Posts that promotes acts of terrorism/Lone Wolf Attacks 36
3. Vancouver Law Courts Graffiti 50
4. USB Thumb Drive 51

Credibility of Evidence 52

Law Application 54
Freedom of Expression under s.2(b) of the Charter 54
Danger to the Security of Canada 55

Conclusion and Order 57

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REASONS FOR DECISION

INTRODUCTION

[1] The Minister has alleged that Mr. Othman Ayed Hamdan is a foreign national who is
inadmissible to Canada under section 34(1)(d) of the Immigration and Refugee Protection Act
(the IRPA) on grounds of security for being a danger to the security of Canada.

[2] The Minister has alleged that Mr. Hamdan used various Facebook accounts to advocate
and promote violence in support of the Islamic State, a terrorist entity designated as such by the
Government of Canada. Furthermore the Minister has alleged that Mr. Hamdan has counselled
and supported others to commit terrorist acts in Canada and abroad. The Minister also alleges
that Mr. Hamdan is a risk of personally committing an act of terrorism.

[3] Mr. Hamdan’s position is that his activity on Facebook is merely expressive,
constitutionally protected free speech; that he was acquitted of counselling offences; and Mr.
Hamdan has no personal history of violence and he has never been charged with uttering threats.

DECISION

[4] Having considered all of the evidence and submissions I am satisfied that the Minister
has established that Mr. Hamdan is a foreign national who is inadmissible to Canada on the
grounds of security for being a danger to the security of Canada under section 34(1)(d) of the
IRPA.

BACKGROUND

[5] Mr. Hamdan, although born in the United Arab Emirates, is a Jordanian citizen of
Palestinian origin. He was granted refugee protection in Canada in August 2004. He applied for

2
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permanent resident status but his application was declared abandoned in August 2008. He
therefore remains a foreign national in Canada.

[6] The Minister’s primary evidence is 85 Facebook posts by Mr. Hamdan that the Minister
identifies as supporting and promoting violent, Islamic extremist activities in Canada and
abroad. 1 These posts were made on Facebook under various profiles and pages between
September 2014 and July 2015. These are identified as the “Key Posts”. The Minister also
relies on some ancillary evidence.

[7] Mr. Hamdan was arrested by the RCMP on 10 July 2015 and charged with three Criminal
Code of Canada offences of counselling to commit murder, assault and mischief at the direction
of or in association with a terrorist group, and one charge of knowingly instructing a person to
carry out a terrorist act. These charges were in relation to the same online Facebook activity that
is the subject of this hearing. On 22 September 2017 Mr. Hamdan was acquitted by Mr. Justice
Butler of the Supreme Court of British Columbia (BCSC) of all of the criminal charges. 2 On
release from criminal custody he was arrested by CBSA for this admissibility hearing.

LAW

Criminal Trial vs. Admissibility Hearing

[8] Mr. Hamdan has asserted that the ID should not find that non-criminal speech can
constitute a threat to the security of Canada. Although Mr. Hamdan was acquitted of criminal
charges concerning the same Facebook activity that is being considered at this hearing, there are
considerable differences between the criminal process and this admissibility hearing. For one,
there are no charges against Mr. Hamdan in this proceeding such that the Minister is
unconstrained by the need to prove every element of a criminal charge; there is merely an
allegation that Mr. Hamdan is inadmissible to Canada with the potential outcome of a
Deportation Order.

[9] There are also significant differences between the Criminal Code and the IRPA. The
IRPA and its Regulations “treat citizens differently than permanent residents, who in turn are

1
Exhibit C2, Tab 6, pp. 217-313
2
R. v. Hamdan, 2017 BCSC 1770

3
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treated differently than Convention Refugees, who are in turn treated differently than other
foreign nationals.” 3 Non-citizens do not have an unqualified right to remain in the country, and
Parliament has the right to enact legislation prescribing the conditions under which non-citizens
will be permitted to remain in Canada. 4 Furthermore, the Supreme Court of Canada has noted
that the objectives of the IRPA indicate an intent to prioritize security. 5

[10] Most significantly, the burden on the Minister is considerably lower than the burden on
the Crown at a criminal trial: the Minister need only establish that there are reasonable grounds
to believe that the allegation is true, while at the trial the Crown was required to establish Mr.
Hamdan’s guilt beyond a reasonable doubt. The Supreme Court of Canada (SCC) has noted that
the standard of proof at admissibility hearings is not just lower than a criminal standard, but also
lower than the civil standard of balance of probabilities. 6 The Federal Court has described
reasonable grounds to believe as “far lower” than the criminal standard of proof, and
acknowledged that this means a person could be found inadmissible based on reasonable grounds
to believe even if they are charged but not convicted of a related criminal offence due to the
inability of the Crown to prove each element of a crime beyond a reasonable doubt. 7

[11] As noted by Mr. Justice Butler in R v. Hamdan, for a conviction in the criminal trial, the
Crown had to prove both the actus reus and mens rea beyond a reasonable doubt. With respect
to actus reus, the Crown had to prove beyond a reasonable doubt that Mr. Hamdan’s Facebook
posts “deliberately encouraged or actively induced the commission of the offences of murder,
assault causing bodily harm and mischief in relation to property.” 8 The Court noted that the Key
Posts had to be considered objectively when considering if they actively induce the commission
of the offences. 9

[12] With respect to mens rea, the Crown had to prove beyond a reasonable doubt that Mr.
Hamdan intended to induce others to commit the criminal offences or knowingly counselled the
commission of the offences while aware of the unjustified risk that the offences were in fact

3
Cha v. Canada, 2006 FCA 126, para. 23.
4
Cha v. Canada, 2006 FCA 126, para. 23.
5
Medovarski v. Canada, 2005 SCC 51, para. 10
6
Mugesera v. Canada (Minister of Citizenship and Immigration), 2005 SCC 40, paras. 114-115.
7
B006 v. Canada (Citizenship and Immigration), 2013 FC 1033, paras. 77-78.
8
R. v. Hamdan, 2017 BCSC 1770, para. 37
9
R. v. Hamdan, 2017 BCSC 1770, para. 37

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likely to be committed as a result of his communications. In doing so, the Crown had to show
that the communications were likely to incite, and were made with a view to inciting the
commission of the underlying offences. 10

[13] In this proceeding the Minister need not prove those criminal elements, let alone beyond
a reasonable doubt. Rather, the Minister has to establish reasonable grounds to believe that Mr.
Hamdan is a danger to the security of Canada.

[14] While neither party has pointed to any case law confirming that the Minister must
establish a mental element to find someone inadmissible under s. 34(1)(d), I accept that the
Minister must establish reasonable grounds to believe that Mr. Hamdan intended to make the
Facebook posts in question, and knew or accepted the risk that his statements were a danger to
the security of Canada.

Reasonable Grounds to Believe

[15] According to section 33 of the IRPA the standard of proof with respect to the facts that
constitute inadmissibility is “reasonable grounds to believe”. This is a significantly lower
standard than the criminal standard of “beyond a reasonable doubt” and even a lower standard
than that in civil matters, the “balance of probabilities.”

[16] As noted above the “reasonable grounds to believe” standard has been confirmed by the
SCC as requiring something more than mere suspicion, but less than the standard applicable in
civil matters of proof on the balance of probabilities. 11 Reasonable grounds will exist where
there is an objective basis for the belief which is based on compelling and credible information.

[17] This standard applies to the proof of questions of fact and not the determination of
questions of law. As the SCC in Mugesera observed 12:

This means that in this appeal the standard applies to whether Mr. Mugesera gave
the speech, to the message it conveyed in a factual sense and to the context in
which it was delivered. On the other hand, whether these facts meet the
requirements of a crime against humanity is a question of law. Determination of

10
R v. Hamdan 2017 BCSC 1770 at paras. 38-39.
11
Mugesera v. Canada (Minister of Citizenship and Immigration), [2005] 2 S.C.R. 100, 2005 SCC 40
12
Mugesera, para.116

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questions of law are not subject to the “reasonable grounds to believe” standard,
since the legal criteria for a crime against humanity will not be made out where
there are merely reasonable grounds to believe that the speech could be classified as
a crime against humanity. The facts as found on the “reasonable grounds to
believe” standard must show that the speech did constitute a crime against
humanity.

[18] In application to Mr. Hamdan, the factual determinations are whether Mr. Hamdan made
the Key Posts, the message that those posts conveyed in a factual sense and the context in which
the posts were made. The facts, once determined, must then be assessed as to whether they make
Mr. Hamdan a danger to the security of Canada.

Danger to the security of Canada

[19] “Danger to the security of Canada” is not defined in the IRPA. In Suresh v. Canada
(M.C.I.), [2002] 1 S.C.R. 3, the Supreme Court of Canada rejected the argument that the phrase
was unconstitutionally vague. The court found that the phrase should be given a “…fair, large
and liberal interpretation…” and that “…what constitutes a “danger to the security of Canada” is
highly fact-based and political in a general sense.” It provided the following definition at
paragraph 90:

…a person constitutes a “danger to the security of Canada” if he or she poses a


serious threat to the security of Canada, whether direct or indirect, and bearing in
mind the fact that the security of one country is often dependent on the security of
other nations. The threat must be “serious”, in the sense that it must be grounded
on objectively reasonable suspicion based on evidence and in the sense that the
threatened harm must be substantial rather than negligible.

[20] In Re Zundel, 2005 FC 295 the Federal Court relied on Suresh to find that criminal
wrongdoing is not required for a finding that a person is a danger to the security of Canada:

[19] Counsel for Mr. Zündel has insisted that Mr. Zündel was never involved in
acts of violence. I would point out that there is no requirement that an individual
who is inadmissible to Canada on security grounds be personally involved in acts of
violence. Such an interpretation is short-sighted and not in keeping with the ruling
of the Supreme Court of Canada in Suresh v. Canada (Minister of Citizenship and
Immigration), 2002 SCC 1 (CanLII), [2002] 1 S.C.R. 3, that danger to the security
be given a "fair, large and liberal interpretation". There is therefore no requirement
that criminality be determined in order for a permanent resident or a foreign
national to be found to be a danger to the security of Canada…

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[21] Re Zundel also confirms an aspect of Suresh, that danger to the security of Canada may
have an international dimension:

[112] Mr. Zündel has associated, supported and directed members of the
Movement who in one fashion or another have sought to propagate violent
messages of hate and have advocated the destruction of governments and
multicultural societies. Mr. Zündel's activities are not only a threat to Canada's
national security but also a threat to the international community of nations.

Freedom of Expression under the Charter

[22] Subsection 2(b) of the Charter of Rights and Freedoms reads:

2. Everyone has the following fundamental freedoms:

(b) freedom of thought, belief, opinion and expression, including freedom of


the press and other media of communication;

[23] Superior courts in Canada have identified limitations on this Charter protected freedom.
In Suresh the Supreme Court noted:

107 It is established that s. 2 of the Charter does not protect expressive or


associational activities that constitute violence: Keegstra, supra. This Court has, it
is true, given a broad interpretation to freedom of expression, extending it, for
example, to hate speech and perhaps even threats of violence: Keegstra; R. v.
Zundel, 1992 CanLII 75 (SCC), [1992] 2 S.C.R. 731. At the same time, the Court
has made plain that the restriction of such expression may be justified under s. 1 of
the Charter: see Keegstra, at pp. 732-33. The effect of s. 2(b) and the justification
analysis under s. 1 of the Charter suggest that expression taking the form of
violence or terror, or directed towards violence or terror, is unlikely to find shelter
in the guarantees of the Charter.

[24] A comprehensive summary of judicial direction on the limitations of s.2(b) of the Charter
is found in the Supreme Court of Canada decision in R. v. Khawaja, [2012] 3 SCR 555:

[70] This Court’s jurisprudence supports the proposition that the exclusion of
violence from the s. 2(b) guarantee of free expression extends to threats of
violence: Greater Vancouver Transportation Authority v. Canadian Federation of
Students — British Columbia Component, 2009 SCC 31(CanLII), [2009] 2 S.C.R.
295, at para. 28; Suresh v. Canada (Minister of Citizenship and Immigration), 2002
SCC 1 (CanLII), [2002] 1 S.C.R. 3, at para. 107; RWDSU v. Dolphin Delivery
Ltd., 1986 CanLII 5 (SCC), [1986] 2 S.C.R. 573, at p. 588. As this Court held
in Greater Vancouver Transportation Authority, “violent expression or threats of
violence fall outside the scope of the s. 2(b) guarantee” (para. 28 (emphasis
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added)). It makes little sense to exclude acts of violence from the ambit of s. 2(b),
but to confer protection on threats of violence. Neither are worthy of protection.
Threats of violence, like violence, undermine the rule of law. As I wrote in dissent
in R. v. Keegstra, 1990 CanLII 24 (SCC), [1990] 3 S.C.R. 697, threats of violence
take away free choice and undermine freedom of action. They undermine the very
values and social conditions that are necessary for the continued existence of
freedom of expression (pp. 830-31). I therefore reject that the violence exception to
s. 2(b) is confined to actual physical violence, without however deciding the precise
ambit of the exception. Threats of violence fall outside the s. 2(b) guarantee of free
expression.

[25] In application to this case, if Mr. Hamdan’s Facebook activity is found to contain threats
of violence he could not rely on the Charter’s protection of free expression.

ORAL TESTIMONY

[26] Mr. Hamdan testified at the hearing. The Minister’s evidence contains some extracts
from the trial including some examination and cross-examination of Mr. Hamdan.

[27] Oral testimony was also received from Constable Tarek Mokdad who is a constable with
the RCMP’s National Security Division. He provided testimony in support of two reports he
prepared for the RCMP that analyzed Mr. Hamdan’s Facebook postings in the context of Islamic
extremism. The reports were also received into evidence. Constable Mokdad had also been a
witness for the Crown at Mr. Hamdan’s criminal trial.

[28] Mr. Hamdan produced transcripts of the testimony of Mohammad Navaid Aziz from the
trial. At the trial Mr. Aziz had been called by Mr. Hamdan as an expert witness on the
“…contemporary view of contemporary Islamic extremism.”13 Mr. Aziz did not testify at this
hearing.

FACTS and ANALYSIS

1. The Islamic State

13
Exhibit P3, Tab 1, unpaginated

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[29] For clarity, the Islamic State exists under many names including ISIS, ISIL, and Daesh.
For the purpose of this decision, unless otherwise noted, the Islamic State references the
organization listed as a terrorist entity by the Government of Canada in Exhibit C3, pp.117-121.

[30] The following is a description of the entity from the designation 14:

The Islamic State is a Sunni jihadist group that seeks to sow civil unrest in Iraq and
the Levant with the aim of establishing a single, transnational Islamic state based on
sharia law, replacing the Iraqi and Syrian governments….

The Islamic State's tactics include suicide attacks using vehicles and improvised
explosive devices, armed attacks, hostage takings, and video-taped beheadings. In
November 2015, IS claimed responsibility for coordinated attacks in six Paris
locations that killed 120 and injured 200. Four months later, in March 2016, IS
claimed responsibility for two bomb explosions at the Brussels Airport and another
bomb explosion at the Maelbeek metro station near the offices of the European
Union; these attacks killed 31 people and injured 340.

[31] A particular aspect of the Islamic State is highly relevant in this case: its use of modern
communication technologies including social media to recruit individuals to perform low-tech
acts of terror, using say, knives or vehicles, in their own, primarily Western nations. Lone
Wolves is the term that has been coined to describe these individuals, and is referenced
extensively in Key Post 50 which will be examined in detail below. An article on the
website foreignpolicy.com provides some insight into the Islamic State strategy 15:

This is a core security problem for open Western societies: So-called lone actors
may be inspired by the recruitment videos and hashtag campaigns delivered via
social media by the Islamic State and other terrorist groups, but they move from
inspiration to action on their own, without direct communication with terrorist
groups’ leadership. They may respond to, for example, the generalized call of now-
deceased Islamic State spokesman Abu Muhammad al-Adnani to “make [Ramadan]
a month of calamity everywhere for the nonbelievers,” but ultimately they select
their own targets, choose their own weapons, determine their own timing, and,
increasingly, record their own press releases….

Understanding that claim requires understanding how the Islamic State has
revolutionized terrorist recruitment, radicalization, and mobilization in our digital
age. It also requires understanding why certain individuals are susceptible to this
messaging — perhaps precisely because the Islamic State holds out the promise of
no longer being alone. By taking up arms for its cause, getting behind the wheel of
14
Exhibit C3, p. 121
15
In Exhibit C3, Tab 11

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a truck, or building a pressure cooker bomb, these men become part of a


community, part of something bigger than themselves, and indeed part of history —
anything but alone.

Anyone exposed to mainstream media has seen elements of the Islamic State’s
messaging campaign. Indeed, for many Americans, it was the stream of grisly
beheading videos that emerged in August 2014, showing the murders of U.S.
hostages, that brought the group to public notoriety. These demonstrations of
purported strength — really cruelty — are part of the Islamic State’s recruitment
plan, but that plan has another key dimension: conjuring a sense of community.
Even as the group produces — with near Hollywood-quality slickness and narration
— videos of barbaric violence, the Islamic State churns out equally savvy
portrayals of the purported community it claims to be fostering….

Of course, the Islamic State needs more from its recruits than just a feeling of
oneness; it needs those recruits to act in certain specific ways that advance its
strategic agenda. And that is where the Islamic State may give the lie to another
traditional characterization of terrorist attacks. Experts have long distinguished
between attacks “directed” by a group (or, more recently, attacks “enabled” by a
group via encrypted communications) and those merely “inspired” by it — that is,
attacks for which a terrorist group’s central leadership provided particular tactical
direction and those broadly consistent with a group’s strategic direction but not
specifically conceived or planned by the group’s leadership.

But the Islamic State has defied just how much direction is needed for operatives to
advance a terrorist group’s objectives. It offers, in publications such as Rumiyah
and the now discontinued Dabiq magazine, ideas for targets (for example, one issue
of Dabiq called for attacking the Macy’s Thanksgiving Day parade), weapons
(firearms and homemade explosives are among the easiest to obtain or assemble),
and timing. But the Islamic State has, at the same time, explicitly encouraged its
recruits to be opportunistic: to attack where they are, when they can, with what they
have.

[32] The Minister asserts that Mr. Hamdan assumed for himself the role of a spokesman and
cheerleader for the Islamic State but more specifically he glorified and encouraged Lone Wolf
terrorism.

2. Key Posts

Screen-Capture Issues

[33] At the criminal trial a voir dire was required to address significant issues related to the
evidence of Mr. Hamdan’s Facebook activity. Lacking protocols for the capture of social media
postings, the RCMP apparently used consumer quality screen-capture software to make copies of

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Mr. Hamdan’s Facebook posts as opposed to forensic grade software. This raised a number of
concerns for Mr. Hamdan’s defence at the trial in particular about the completeness of screen-
captures of posts and comments. For example the court gave the benefit of reasonable doubt to
Mr. Hamdan when he asserted that his comments on re-posts that were not captured – re-posts
being material that he did not author but that he re-posted – would have demonstrated that he did
not agree with the contents of the material he was re-posting. As Mr. Justice Butler observed in
his decision at paragraph 8: “The effect of all of the shortcomings in the collection of the
evidence is that some of the Key Posts are not complete and some of the context for the Key
Posts is missing.”

[34] My concern is limited to screen-captures that include the words “see more”, indicating
that they were part of longer posts. It was open to the RCMP to click on “see more” to view and
capture the entire post. Unfortunately they did not capture the entire post in every case by failing
to click on “see more”. These posts are no longer available on Facebook such that Mr. Hamdan
is unable to retrieve and provide the entire post to defend its meaning and context. This is
illustrated by an invented example: a post that reads “I am going to kill you… see more” and the
“see more” reads “I am going to kill you with kindness.” The example illustrates that without
the entire post the meaning is obscured. As the Minister is primarily relying on the Key Posts in
its assertion that Mr. Hamdan is a danger to the security of Canada I believe that Mr. Hamdan is
unfairly disadvantaged by reliance on these partial postings. I am not prepared to give
consideration to any post that says “see more”, specifically Key Posts 5, 16, 19, 21, 22, 30, 31,
33, 35, 48, 51, 52, 66, and 83.

[35] With respect to comments or discussions that may have followed posts, they are absent
from the screen captures and it is unclear to me the extent to which they were before the court at
Mr. Hamdan’s trial. Some excerpts from the trial that are found in the exhibits suggest that the
court had more material from Facebook before it than has been presented here, including a
record of some messages that Mr. Hamdan exchanged with individuals. In any case, with respect
to the absence of comments, this concerns me considerably less as the Minister is relying
primarily on the contents of the Key Posts. Where Mr. Hamdan asserts that there was
something exonerating in the comments that was not captured the credibility of that claim will be
assessed.

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Format of Analysis

[36] In respect of the Key Posts I will reproduce the post in italics. The significance of the
post according to Constable Mokdad will follow and thereafter Mr. Hamdan’s position with
respect to the post. When available Mr. Aziz’s view of the post will be included. This will be
followed by my analysis and conclusions. Not every Key Post will be analyzed and some posts
will be grouped together where the subject matter is related. As well there will be reference to
some posts that were not identified as Key Posts but appear in the evidence. I will also attempt
to describe the images that accompanied posts where relevant and if available. Dates of posts
have been omitted primarily because they are often not apparent on the face of the post and do
not generally assist with understanding its meaning. All of the posts in question were made
between September 2014 and July 2015. In some cases Constable Mokdad will refer to a post
relative to an event.

[37] Mr. Hamdan admitted at the criminal trial that he was the administrator of all the
Facebook accounts on which the 85 Key Posts appear. The posts are found on approximately 14
different Facebook accounts. Nine of those are pages, that is business or organizational
accounts, and five of which are profile or personal accounts. The reason for the many pages and
profiles is that Facebook administrators regularly shut down accounts that it identified as
supporting the Islamic State, only to have Mr. Hamdan create new ones. Mr. Hamdan also
testified that he did not enhance the security settings of his Facebook pages and profiles beyond
the default settings for any new Facebook account. Therefore any member of the public could
view his postings.

Page and Profile Names

[38] None of the profile pages are in Mr. Hamdan’s name, at least as he is identified at this
hearing. Mr. Hamdan goes by the name Adam and indicated that one of his family names is
Khalifa. There are profiles under the name Adam Khalifa, Adam Al-Hanzallah, Adam
Hanzallah and Alberto Vaca Derbunovich. This is not to suggest that Mr. Hamdan was trying to
hide his Facebook activities; as noted above his pages and profiles were publically accessible.

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Furthermore there is no evidence that he attempted to disguise his internet address or that the
RCMP had difficulty locating him through his internet address.

[39] The names of Mr. Hamdan’s organization accounts exhibit an unqualified identification
with the Islamic State. The Defeat of the Alliance or The Alliance Defeat was a repeatedly used
account name. The “Alliance” references a group of countries, mostly Western nations, allied
against the Islamic State. An account entitled Gold Dinars 100 references the bounty announced
by the Islamic State for the death of Jordanian Air Force pilots. Some accounts were named The
NewsReel or the Network, perhaps to not attract the attention of Facebook’s filters or
administration.

[40] With respect to the account named The IED, Mr. Hamdan during direct examination and
without prompting, offered the meaning of the acronym of the account name: Internationally
Epic Defeat. Mr. Hamdan, pointedly, did not want it assumed that IED meant Improvised
Explosive Device. The two posts under discussion at the time concerned pressure cooker bombs.
The following exchange took place during cross-examination: 16

Q - Minister’s Representative

A - Mr. Hamdan

Q The first question I have is: Key post 75 --

A That's 302?

Q 75 to 81 all come under the Facebook page called the IED. Do you agree, sir?

A They come under the page that is -- the full name is the Internationally Epic
Defeat?

Q Yeah.

A And what's shown here is just an acronym.

Q Okay.

A By choosing the first three letters of the Internationally Epic Defeat.

16
Transcript 24 May 2018, pp.92-94

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Q Yes, I understand that as your testimony during direct.

A I just don't want any confusion because I think --

Q What confusion are you concerned about?

A Well, I'm just -- I've faced this before where the Crown Counsel and the
Supreme Court tried to omit the fact that the full wall mentions the name of the
page as the Internationally Epic Defeat and they tried to say that it means something
else, so I just want it to be clear.

Q Well, do you agree that IED also stands for Improvised Explosive Device?

A IED stands for any three words that begin with these three letters, so you
could make up a whole lot of things that begin with these letters.

Q I'll take that as a qualified "yes."

A Sure, whatever.

Q Do you agree that IEDs, that is, Improvised Explosive Devices, are a common
weapon used by insurgents in the Middle East?

A Sure, yeah.

Q And I'll --

A You see, that's exactly the confusion. That is, you're trying to drive the fact
that I'm using three letters to say Internationally Epic Defeat and you're trying to
drive this assumption, this falsehood, that I'm referring to an Improvised Explosive
Device. This is something that exists only in your mind, not in mine when I'm
writing.

Q Well, I put it to you, sir, that actually the confusion is caused by yourself and
I'll just --

A By your questions.

Q Actually, the confusion is caused by yourself and I'll just --

A By your questions.

Q I'll refer you to key post 77 at page 304.

A Okay.

Q Because under key post 77, under the heading IED, you reference "Dzhokhar

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Tsarnaev" and "#Boston bombing".

A So how is that confusing?

Q Well, my question to you is: Do you agree that the Tsarnaev brothers used
IEDs to bomb the Boston marathon?

A They used pressure cooker bombs. That's what they used. They used pressure
cooker bombs. I don't know if that qualifies as an Improvised Explosive Device. I
don't know.

Q So what you're saying is that someone using a pressure cooking and turning
it into a bomb --

A I know it's a bomb.

Q -- is not an Improvised Explosive Device?

A I'm not a bomb expert. I'm not a bomb expert. I know it's -- I always heard
the reporting about it as pressure cooker bomb, so from what I understand,
Improvised Explosive Devices to be were stuff that insurgents in Afghanistan were
using where they would capture weapons from the U.S. and they improvised it.
Instead of missile it becomes just a weapon they leave on the ground. That's what I
understood it to be. So the confusion is coming from you.

[41] I believe the Minister’s Representative efficiently exposed the nonsense that Mr. Hamdan
was trying to promote with his disingenuous explanation of the acronym. All that he managed to
do in offering up and insisting on the “Internationally Epic Defeat” was to fundamentally impugn
his own credibility. In the context of his online activity generally, as seen below, and
specifically, posts concerning pressure cooker bombs, the significance of IED is crystal clear:
Improvised Explosive Device.

Background Imagery

[42] In addition to assigning a name to a page on Facebook, the creator and administrator of a
page may upload images or graphics that are perhaps representative of the subject of a page, by
way of a background or banner. The Minister has reproduced some of Mr. Hamdan’s Facebook
page backgrounds in Exhibit C1, pp.17-31. As a general observation the backgrounds further
demonstrate Mr. Hamdan’s identification with the Islamic State. The first example is at page 17,
the graphics for one version of Al-Uqab, The Banner page. The background reads in English “..
a window into the Islamic State”. Behind that is Arabic script, the Shahada, a declaration of
15
ID File No. / N° de dossier de la SI : B7-00771

belief in one God. Within that background is an inset box containing the seal of Mohammed, a
near circle in black with white letters in Arabic script. While I appreciate that mainstream
Muslims also use the seal of Mohammed and the Shahada as representative Muslim symbols,
these images used together in this manner by Mr. Hamdan reproduce the flag of the Islamic State
with the colours reversed. 17 I have little doubt that this was Mr. Hamdan’s intention by the use
of the English text on the background “.. a window into the Islamic State”.

[43] A second example is a series of pages called Banner Ascension, The NewsReel, Alliance
Defeat, The Alliance Defeat and The IED, that all contained a black background with a lighter
circle in which there is a flag dotted with multiples of the seal of Mohammed and the words “The
Alliance Defeat”. Again it is more likely than not that the black flag is symbolic of the Islamic
State.

[44] A third example is a background to one iteration of The Alliance Defeat page whose
background is a map of northern Africa and the Middle East. Spread out on various countries on
the maps are Islamic State fighters, identified by their black garb and ammunition belts
presumably to illustrate the reach of the Islamic State.

Language

[45] Some posts were originally in Arabic; this will be noted. Often Facebook would provide
its own auto-translation, generally poor. Translators were employed by the RCMP to provide
official translations for the trial, but there are also translations provided by Constable Mokdad.
Alternative or disputed translations will also be identified.

Emoticons

[46] Mr. Hamdan often used emoticons in his postings. As the screen captures and subsequent
photocopying degraded the visual details of the posts, the emotion being expressed by the
emoticon is not always obvious. Mr. Hamdan indicated in his testimony when an emoticon was
used to make light of something or express humour. In fact he relied heavily on his use of
emoticons in an attempt to soften the sting of his posts. As a general observation I find that the

17
Exhibit C4, p. 29

16
ID File No. / N° de dossier de la SI : B7-00771

addition of a smiling face emoticon or a laughing pac-man emoticon was more representative of
a pitiless attitude vis-a-vis the cruelty and violence glorified in his posts.

[47] While acknowledging that there is considerable overlap, below I have sorted the Key
Posts into the following categories:

• Key Posts that demonstrate Mr. Hamdan’s allegiance to and support of the Islamic State

• Key Posts that praise or glorify acts of terrorism/Lone Wolf attacks

• Key Posts that threaten Facebook staff

• Key Posts that promote acts of terrorism/Lone Wolf attacks

Key Posts that demonstrate Mr. Hamdan’s allegiance to and support of the Islamic State

[48] Key Post 53, The Defeat of the Alliance page

(Translation from Arabic)

#The Islamic_State [smiling emoticon] They are of me and I am of them

[49] Constable Mokdad’s conclusion is that this is a bald statement of alliance to or affiliation
with the Islamic State. Mr. Aziz noted in testimony at the trial that this is a phrasing used by the
Prophet Muhammad several times and it refers indirectly to a form of allegiance. Mr. Aziz
opined that in the absence of the hashtags #ISIL and #ISIS the use of the #Islamic_State in this
instance is referring to the theological understanding of the Islamic State and not the terrorist
entity.

[50] With respect to this post Mr. Hamdan asserts vindication in Mr. Aziz’s view of the post.
Mr. Hamdan asserts that the use #Islamic_State is a reference to the ideal of an Islamic State
being the utopian dream where Muslims live in peace and establish their faith under Islamic law,
not the terrorist entity. “It doesn’t say that I am a member of the Islamic State organization in
any way, shape or form.” 18

18
Transcript 23 May 2018, p.56

17
ID File No. / N° de dossier de la SI : B7-00771

[51] While there is no allegation that Mr. Hamdan is a member of the Islamic State the post is
made on the Defeat of the Alliance page, the Alliance being a group of countries allied against
the terrorist entity. Further Mr. Hamdan has repeatedly used throughout his postings the hashtag
#Islamic_State to refer to the terrorist entity. It is only convenient now to attach a theological
and idealized meaning to a statement that links him to the terrorist entity. Mr. Hamdan’s
assertion that this posting is unrelated to the Islamic State, the terrorist entity is not credible.
There are reasonable grounds to believe that Mr. Hamdan is expressing in this post a bald
allegiance to the terrorist entity.

[52] Key Post 6, Adam Khalifa profile

(Translation from Arabic)

Just to make things clear

I am not selective (elitist) and I am not seeking fame

And I took a decision a few years ago to spend all my time on the net supporting the
Mujahedeen rather than playing or wasting time on trivial matters

[53] Key Post 7, Adam Khalifa profile

(Translation from Arabic)

We, the supporters of the Islamic State have to fight the wrong/deviant thoughts of
some ‘who claim to support the State’. If we fail in that, then we are no good.

[54] Constable Mokdad in his own translation of Key Post 6 translates Mujahedeen as
“jihadists”. In these posts Mr. Hamdan is expressing his support for the Islamic State. While he
claims he was that he was expressing support for the utopian Islamic State, again the overall
tenor of his posts is an expression of support for the terrorist entity.

[55] Key Post 20, Al-Uqab. The Banner page

#Islamic_State spokesman renews calls for attack on all of the invading alliance
countries .. praises all the lone wolves attacks from the last months in #Canada
#France #US #Australia and Belgium

[56] Constable Mokdad connects this post to a statement on the same day by the Islamic State
spokesman Abu Mohammad Al Adani that reads in part:

18
ID File No. / N° de dossier de la SI : B7-00771

Likewise, we renew our call to the muwahhidin in Europe and the disbelieving
West and everywhere else, to target the crusaders in their own lands and wherever
they are found. We will argue, before Allah, against any Muslim who has the
ability to shed a single drop of crusader blood but does not do so, whether with an
explosive device, a bullet, a knife, a car, a rock, or even a boot or a fist. Indeed,
you saw what a single Muslim did with Canada and its parliament of shirk 19, and
what our brothers in France, Australia and Belgium did – may Allah have mercy
upon them all and reward them with good on behalf of Islam. And there were
many others who killed, ran others over, threatened, frightened, and terrorized
people, to the extent that we saw the crusader armies deployed on the streets in
Australia, Canada, France, Belgium, and other strongholds of the cross to whom we
promise – by Allah’s permission – a continuation of their state of alert, terror, fear
and loss of security. And what lies ahead will be worse – with Allah’s permission –
and more bitter, for you haven’t seen anything from us just yet. 20

[57] Mr. Hamdan testified that Key Post 20 is a summary of an Islamic State pronouncement.
He claims that the post was made by another administrator and “…the author is in no way, shape
or form connected to the Islamic State.” 21 Mr. Hamdan is still the administrator with the ability
to post, approve, edit or delete posts. He acknowledges that the essence of the message is
coming from the Islamic State but takes the position that he was just reporting news. However
even in a mere summary of the above Islamic State statement Mr. Hamdan is serving the social
media agenda of the Islamic State to disseminate messages praising Lone Wolves and calling for
more Lone Wolf attacks.

[58] Key Post 23, The Defeat of the Alliance page

we do not negotiate..we tell you what you must do for us and you have to “obey”
and “bow down” end of story

#Islamic_State

#ISIS #ISIL

[59] This post was made about the time the Islamic State released a video of the barbaric
decapitation of a Japanese hostage. Constable Mokdad notes Mr. Hamdan’s underlining of his
identification with the Islamic State by the use of “we”. However according to Mr. Hamdan this
was not his post and not the post of The Defeat of the Alliance. He asserts that the statement

19
“shirk” according to Constable Mokdad means “idol worship”.
20
Exhibit C4, Tab 27, p. 38
21
Transcript 24 May 2018, p. 15

19
ID File No. / N° de dossier de la SI : B7-00771

summarizes the message that the Islamic State had given to Japan and the rest of the Alliance,
and the language of it comes from the comments underneath in the posts prior to it. “So to
understand the - this post you would have to see that comment, you would have to see that whole
message, and see the whole context.” 22 Mr. Hamdan is attempting to distance himself from the
message but again I find that Constable Mokdad’s interpretation is more cogent. In this post Mr.
Hamdan who is the administrator and content editor of the page is revelling in the savagery and
potency, as he imagines it, of the Islamic State with whom he identifies.

[60] Key Posts 26, 27, 28, and 29, The Defeat of the Alliance page, Gold Dinars 100 page and
Adam Khalifa profile

[61] These four posts are in relation to the same subject: the Islamic State offering a reward or
bounty of 100 gold dinars (approximately US$16,000) to whoever kills an Alliance pilot. The
context to these posts was the downing of a Jordanian air force jet and capture of the pilot who
was flying in support of the Alliance against the Islamic State. The Islamic State disseminated a
video of the barbaric execution by burning of the pilot. Mr. Hamdan posted a link to this video
on The Defeat of the Alliance page. 23 At his trial Mr. Hamdan testified that he posted the video
because it was relevant to news that he was reporting and that it was easier to post the video than
to try to discuss it on the page without it. 24 The post following the video link post is a graphic
with text “Think is it OK to kill kids under any circumstances !! No Then why is it OK when the
Murderer is a Jet Pilot that’s Miles away !!! Think”. Mr. Hamdan is expressing the opinion that
the immolation of the pilot is justified by the actions of the Alliance who bomb civilians from the
air.

[62] Constable Mokdad noted in his report that the Islamic State obtained a list of the names
and addresses of all Jordanian Air Force pilots which it published online. In Key Post 29 Mr.
Hamdan posts the top portion of the list of Jordanian pilots. He did not post the entire
documents that contains the names, titles, and addresses of the pilots. At the same time that the
Islamic State published the names of the pilots it offered the 100 gold dinars bounty for the death
of any Alliance pilot. In Key Post 26 Mr. Hamdan reports that the Islamic State announces the

22
Transcript 23 May 2018, p. 11
23
Exhibit P1, Tab 5, 3rd page of non-paginated tab
24
Exhibit C2, Tab 9, pp. 361-362

20
ID File No. / N° de dossier de la SI : B7-00771

bounty. In Key Post 27 Mr. Hamdan writes that “we have the names and addresses of every
Jordanian pilot and we will pay the reward [smiling emoticon]”. In Key Post 28 Mr. Hamdan
notes that the United Arab Emirates is withdrawing from the Alliance after the video of the
Jordanian pilot being executed, with the words “our way is clearly working”.

[63] Mr. Hamdan’s explanation for these postings is that he was anticipating that the death of
the pilot would create civil unrest and an uprising in Jordan. He wrote a post in that regard on
the same day he posted the video of the killing of the pilot: “Cue Civil unrest in #Jordan soon to
be the part of the #Islamic_State.”. 25 This is a position he asserted at this hearing and during
examination at his trial. His explanation skirts what is relevant to this hearing; that his use of
“we” and “our way” speaks to his personal identification with the Islamic State, and that his
dissemination of the gruesome video served the propaganda, social media agenda of the Islamic
State.

[64] Key Post 38, Adam Khalifa profile

I wish to be a soldier for either Abu Baker, “Al-Baghdadi” or “Shekau”

[65] Abu Baker “Al Baghdadi” and Shekau were leaders of the Islamic State and Boko
Haram, respectively. Boko Haram is a listed entity based in Nigeria which had pledged
allegiance to the Islamic State. Constable Mokdad remarked that this posting is a further
demonstration of Mr. Hamdan’s allegiance to the Islamic State. Mr. Hamdan believes that there
was a video posted on the Facebook wall before this post that he viewed, a video that can no
longer be accessed. He recalls that something in the video impressed him, some humble act
demonstrated by Nigerian Boko Haram soldiers/Muslims that impressed him so much as to want
to be part of their army or that of the Islamic State. According to Mr. Hamdan the Islamic State
and Boko Haram are fighting some of the most oppressive regimes on the planet and he is
“infatuated with some of the good they do.” 26

[66] Key Post 84, Alberto Vaca Derbunovich profile

25
Exhibit P1, Tab 5, 2nd page of non-paginated tab
26
Exhibit C2, Tab 9, p. 437

21
ID File No. / N° de dossier de la SI : B7-00771

This why we hate you #AMERICA .. this why we attack you #USA .. this is why we
do not think you should live .. and we are absolutely right in killing you

go ahead stupid facebook .. remove our page under the command of the inept
criminal #CIA

[link to video]

(Translation from Arabic)

Watch how dirty America is

An American soldier confesses his crimes against Muslim women

[67] In this post Mr. Hamdan is sharing a video. According to Constable Mokdad the video is
entitled “U.S. Soldier Admits His Crimes Against Muslims” and depicts several U.S. soldiers
describing the torture of Muslims in Iraqi prisons and the sexual assault of Muslim women.
Constable Mokdad observes that the callousness with which the soldiers describe their brutal acts
in very disturbing. “It is this type of information that provides Jihadists with ample ammunition
to win over many individuals and in turn helps in recruitment for the cause.” 27 Mr. Hamdan
essentially agrees with Constable Mokdad about the inflammatory content of the video. Mr.
Hamdan’s reposting of the video serves the recruitment interests of the Islamic State identified
by Constable Mokdad.

[68] Key Post 69, Alliance Defeat page

(Translation from Arabic)

Hisham Abdullatif
Pamphlet of great importance

-First thing make the reason for your presence here to seek virtue and to support
the Jihadists and not to waste time or to seek "followers" and "likes" and "shares" ..
I swear to God that all this will perish and you will not find in your grave but your
good intention and your true support of the jihadists and the seeking of fame and
satisfying ones ego.
-Never ever allow yourself to pose harm to The Islamic State and by chatting a lot
[loose lips] about information that could be secret [to the jihadists] that you may
have heard from one of your jihadist brother, that he might have shared with you in
trust and you [end up] distributing it for the sake of fame [to boast] that you know
jihadists and have connections, be careful not to cause yourself harm and the blood

27
Exhibit C4, Tab 27, p.113

22
ID File No. / N° de dossier de la SI : B7-00771

of your brothers [jihadists] will be on your neck [to be responsible for any harm
that might happen to them].
-Be careful of those [individuals] who talk a lot about their connections to the
jihadists and the martyrs and that they are so and so, because he who is right [on
the right path] he would not have such an attitude at all, and there are jihadists
amongst us here no one knows anything about them and they don't say that they are
jihadists and they don't use this matter for fame to vouch for brother so and so.
-Be careful of those who speak openly about preparation to engage [in jihadist
activities], the matter is not [accomplished] like that at all and do so have cause
many problems to jihad and the jihadists, so fear God and do not support them
[those who discuss their jihadist plans openly] and bring detriment to the jihadists
and the new ones [new jihadists]. "I do not mean anyone in particular at all, the
matter is general"
-Sinai Province in particular, no one should speak about it or on behalf of it
specifically here in this world [possibly meaning the cyber world/online world] and
its Jihadists [belonging to the Sinai Province] do not speak here and they do not
write and publish their identities, and any person using the moniker "Sinawi" [from
Sinai] is a an active person in media matters and a good follower of the news but
that does not mean that they are jihadists or have contacts with the jihadists at all,
and the jihadists themselves, very rarely do they [the jihadists] use the internet even
to the point that its [the internet] use is barely extinct but even communication
itself[is very rarely used] except the media people.
-Never ever distribute [publish] your personal information or telephone numbers
with anyone here even it was the mightiest jihadist, and whoever asks you [for
telephone number or personal information] do not trust him and block them [block
the communication with them] immediately and disclose to compromise him [so
that others don't trust him either].
And last thing my brother, know that every supporter of the State [The Islamic
State] here [online] as targeted by the dogs of the intelligence and security and
every piece of information is worth something to them [the intelligence and security
personnel], as they are disbelievers, they do not operate against the Jews, instead
we are their field of operations [they work against us the jihadists] in order to
serve their masters the Americans and the Jews, so I ask you for God's sake not to
be an idiot and a vessel to those apostates [the intelligence and security personnel],
they laugh at our stupidity and simplicity [being simpletons] in being loose with
ourselves and the jihadists and to The Islamic State.
Fear God
Fear God
Fear God

[69] For Key Post 69 I have used Constable Mokdad’s translation as it presents as more
intelligible than the RCMP translation in the Minister’s documents. The meaning of the post
according to Mr. Hamdan is that it warns young Muslims to be wary of recruiters.

23
ID File No. / N° de dossier de la SI : B7-00771

[70] The post was apparently written by the same Hisham Abdulatif who authored Key Post
50, below. According to Constable Mokdad it appears to be security instructions for a jihadist or
a supporter of jihadists. To Constable Mokdad the post is indicative of how the Islamic State
uses social media to share and distribute information in support of their cause. My impression is
that at least a portion of the post appears to warn readers about intelligence and security services
in the West who may be trying to entrap them. Mr. Hamdan’s explanation of the post is not
supported in the plain language of the post. Once again the post acts as a bullhorn for an Islamic
State message.

[71] Key Post 47, The Defeat of the Alliance page

(Translation from Arabic)

A message to the #Islamic_State’s page

The Islamic State should release clear instruction to those who would like to join

Even if it was just to say that the doors are closed

So we can have a unified steady clear answer for the hundreds inquiring daily

[72] The original translation read “from the #Islamic_State but both Constable Mokdad and
Mr. Hamdan agree that it should read “to the #Islamic_State”.

[73] Constable Mokdad identifies the literal meaning of the post: a call out to the Islamic State
to provide the information requested in the post. His opinion is that the post is a clear indicator
that the purpose of the page is to support the Islamic State’s recruiting efforts.

[74] Mr. Hamdan say that he was very annoyed that he was receiving many private messages
from people asking him how they could join ISIS. He would tell them that he had no knowledge
in that regard and that he was not a travel agent for ISIS. The purpose of the post according to
Mr. Hamdan was to put a stop to all the inquiries.

[75] The post lays bare that the followers of the Defeat of the Alliance page – Mr. Hamdan’s
page - are supporters of the Islamic State and see the page as a direct conduit to the Islamic State.
Furthermore Mr. Hamdan invokes the Islamic State to respond to his message suggesting that he
believes its media wing is following his posts. With a response from the Islamic State Mr.

24
ID File No. / N° de dossier de la SI : B7-00771

Hamdan could then have relayed the logistical recruiting message to followers of the page. This
post is further confirmation of Mr. Hamdan’s identification with the Islamic State.

Key Posts that praise or glorify terrorist/Lone Wolf attacks

[76] Key Post 17, Al Uqab. The Banner page

The Battle For Ain Al Islam .. formerly known as Kubani


#USA #UK #GERMANY #KSA # UAE
The Terrorist groups of PKK and Peshmerga
The free McCain Army “FSA”
And the mercenaries that came from the West .. and many many more countries..
….VS….
a single small regiment of the Islamic State ..

IS [the Islamic State] is winning more ground .. and the lone wolves are hitting you
in the heart of your lands (smiling emoticon)

[77] Constable Mokdad describes this as a boastful post about the heroism of the Islamic
State. Mr. Hamdan testified that this post was to highlight that the strategy of the West in its
fight against the Islamic state was not working, because not only are they being defeated on the
battlefield but Lone Wolves are hitting them back in their home countries: “So pretty much
saying to the West how’s this conflict working for you now?” 28 With respect to the emoticon
Mr. Hamdan says he was being smug about the West’s incompetent policies. I observe that Mr.
Hamdan appears to be impressed by the Islamic State’s capabilities: its tiny army is able to push
back the large, multi-state force allied against it. I also note Mr. Hamdan’s voice in this post
where he allies himself with the Islamic State against the West - “and the lone wolves are
hitting you in the heart of your lands” (my emphasis). I find that the emoticon that follows that
sentence goes beyond smugness and emphasizes that Mr. Hamdan is pleased that that Lone
Wolves are attacking the West.

[78] Key Post 25, The Defeat of the Alliance page

3 french soldiers stabbed in #France

The “save the world..kill a frog campaign” is well on its way

28
Transcript 22 May 2018, p. 103

25
ID File No. / N° de dossier de la SI : B7-00771

[79] Constable Mokdad noted that on the same date as this post there was a knife attack on
three French soldiers outside the office of a Jewish radio station in Nice.

[80] A few days before Key Post 25 Mr. Hamdan had posted on the same page a response to a
French initiative to discourage its citizens from participating in any form of jihad:

#Stopdjihadisme

A hashtag the #French government launch to attack our image in the media
war..we will see who wins [smiling emoticon].

The post contains some untranslated Arabic, some images and text including “Save the World,
Kill a Frog”. Although this is not identified as a Key Post Mr. Hamdan presented the post in his
own evidence and provided commentary on it during his direct examination. 29 He mocked the
French initiative and claims he was mocking the militant jihadist’s reaction to it:

This is me making fun of the whole thing. This was -- the French -- from what I
understood is that the French government launched the campaign to discourage
people from any form of jihad and they were -- and -- and as they launched it it
went out of hand because it wasn’t only the government that’s posting. People with
different tastes and different -- different takes on what’s acceptable posted multiple
offensive things including some of -- some things that were very offensive to the
ordinary human. So the response by Muslims was in these terms, that, you know,
they -- they started to post graphic images of people killing French people or -- in
response to that hashtag. And that’s me making fun of that. I’m, like, this is your
response? They’re trying to make fun of you and you post images of killing people.
I’m posting an image of a drunken frog drinking wine and eating cheese and saying
that was your response to save the world, you have to kill a frog. Maybe it’s in bad
taste. Maybe at the time I thought it was funny and… But that’s what it is. It
doesn’t -- there is -- I’m making fun of the jihadist response to the hashtag and the
whole hashtag issue.

[81] Mr. Hamdan presents himself as having taken a sarcastic or satirical view of the French
initiative and militant jihadist’s reaction but his position is undermined by Key Post 25 where he
reports the attack on the French soldiers and references his own “save the world, kill a frog”
initiative, proudly noting the campaign is well on its way. Again he attempts to distance himself
from an ordinary reading of his posting which is a further glorification by Mr. Hamdan of
Islamic State inspired terrorist acts.

29
Exhibit P1, Tab 5, 7th page of non-paginated tab

26
ID File No. / N° de dossier de la SI : B7-00771

[82] Key Post 9, Al-Uqab. The Banner page

A Muslim brother is martyred by the Canadian police after he killed Canadian


Soldier in retaliation to Canada’s crimes in Iraq.

(Translated from Arabic)

A Canadian Muslim brother kills two soldiers then becomes a martyr after a long
pursuit.

#Islamic_State #ISIL #ISIS #IS #USA #US #NATO #FRANCE #GERMANY


#CANADA

[83] Key Post 10, Al-Uqab. The Banner page

The Muslim brother martyred today have attacked the parliament with a rifle
shooting politician inside.

(Translated from Arabic)

The brother who was martyred in Canada .. adopted Islam. He wanted to emigrate
to learn Islam and fight in the Levant. But when he was denied, he attacked the
parliament and fired his weapon at the politicians there and killed a
soldier…Canada is terrified

[84] I have not reproduced Key Posts 12, 13, 14, 16, and 18 but they all reference the same
Lone Wolf style attacks that occurred in Canada, one by Martin Couture-Rouleau who rammed
his vehicle into Canadian soldiers, killing one and injuring the other, and the attack in Ottawa by
Michael Zehaf-Bibeau who shot and killed a soldier. Key Posts 9 and 10, above, have been
reproduced here as examples.

[85] Mr. Hamdan testified that for this series of posts he was merely reporting events but that
he did not agree with the acts committed. 30 He claims he made Key Post 18 because another
administrator of the site wanted that administrator’s view expressed. Indeed an element of these
posts is that Mr. Hamdan is reporting news events and explaining them within a political context,
his opinion being that the attacks were precipitated by the Government of Canada’s wrong-
headedness in participating in the Alliance fight against the Islamic State and in supporting Iraqi
elements fighting the Islamic State. His opinion is fair political comment. He does however
expose his allegiance when in Key Post 9 and 10 he calls Couture-Rouleau and Zehaf-Bibeau

30
Transcript, 22 May 2018, p. 104

27
ID File No. / N° de dossier de la SI : B7-00771

“martyrs” and when in Key Post 18 he calls Couture-Rouleau “the real hero for hitting Evil
Canadian forces on their soil” and “May God accept him”. Mr. Hamdan is commenting on the
motivation for these terrorist acts and venerating the murderous actors in these events. His
language clearly contradicts his assertion that he did not agree with the acts committed.

[86] Mr. Hamdan at his trial asserted a nuanced interpretation of “martyr”, suggesting that he
merely meant “died in a way that was not pleasing to him”, an alternative interpretation of
“martyr” provided by Mr. Aziz at the trial.31 But Mr. Aziz also acknowledged that militant
jihadists interpret martyrdom as a death on the battlefield and in the circumstances of a
battlefield death, god will receive that person. On the meaning of “martyr” Constable Mokdad
provided the following in his report:

Jihadists today believe that those who die in battle fighting Coalition forces and/or
allies are considered martyrs. They reference many Hadiths of Prophet Muhammad
that speak about martyrdom, paradise and the status a martyr attains in the afterlife.
Martyrdom is often romanticized by today’s Jihadists and illustrated by anthems
(Nasheeds) used in video productions produced by The Islamic State and other
Jihadist groups. Martyrdom is portrayed in a positive image; denoting a beginning
to something honorable and special which has promised in the hereafter. 32

Seen in the broad context of Mr. Hamdan’s Facebook postings, his attempt to nuance the
meaning of “martyr” is a transparent deflection from his obvious use of “martyr” as a death on
the battlefield, with the battlefield seen broadly as any Lone Wolf attack in the West.

[87] Key Post 43, Adam Khalifa profile sharing The Defeat of the Alliance’s post

Gun shots fired at [outside] the NSA building

[smiling face emoticon] lone wolves – we salute you

#Islamic_State is the solution

#ISIL #ISIS

[88] Constable Mokdad links this posting with a shooting incident outside the U.S. National
Security Agency (NSA) building in Baltimore, Maryland on 04 March 2015. According to
Constable Mokdad the shooting had no nexus to the Islamic State. Mr. Hamdan posted it on his

31
Exhibit C2, p. 414
32
Exhibit C4, Tab 26, p.16

28
ID File No. / N° de dossier de la SI : B7-00771

profile although it was initially also posted on The Defeat of the Alliance page. Mr. Hamdan
notes that the Islamic State would not be happy about this post as the shooter was not a Muslim
and was no more than a disgruntled former employee of the NSA. But this is Mr. Hamdan
looking retrospectively at the post. At the time he likely believed he was reporting a Lone Wolf
attack that he praises: we salute you. He explained that “#Islamic_State is the solution” was a
reference to the idealized concept of the Islamic State, being the utopian dream where Muslims
live in peace and establish their faith under Islamic law. He was not referring to the terrorist
entity, Islamic State. However his use of the hashtags Islamic State, ISIS and ISIL, all synonyms
for the terrorist entity Islamic State, does not at all support his assertion. This reads as another
post praising and promoting Lone Wolf attacks.

[89] Key Post 74, The Network page

(Translation from Arabic)

You, who can immigrate…immigrate (Alternative translation by Constable


Mokdad: You, who are able to make Hijrah [migrate to The Islamic
State]..Migrate)

For what you don’t know..

I know someone who was invited to one of the State’s provinces!!

To join it’s media team ..but he couldn’t emigrate [sad face emoticon]

What a hard feeling [sad face emoticon]

[90] Constable Mokdad notes how the Islamic State encourages its supporters to physically go
to join the Islamic State, to make “Hijrah”. Mr. Aziz discussed the various meanings of Hijrah in
an Islamic context, acknowledging that it can mean migrating from the unlawful to the lawful,
fighting your desires and making a spiritual migration. But he also acknowledged that it
primarily means, in the context of the Islamic State, migration to join in jihad. Mr. Aziz also
acknowledged the overlap between Hijrah and jihad; that if you cannot make Hijrah then wage
jihad wherever you are.

[91] Mr. Mokdad testified the meaning of Hijrah is migration from a sinful, lustful life to a life
of piety and religious practise, and as well the meaning of physical migration when one is unable
to make the spiritual migration. I will observe here that this is one of a number of examples of

29
ID File No. / N° de dossier de la SI : B7-00771

Mr. Hamdan parroting Mr. Aziz’s erudite nuance on Islamic concepts when he believed it would
cast his posts in a more favourable light.

[92] Mr. Hamdan proceeded to criticize Constable Mokdad for suggesting in relation to this
post that his unidentified person who was unable to make Hijrah to join the Islamic State media
team and was sad about it, that that was Mr. Hamdan himself. Mr. Hamdan denies this.

[93] While I appreciate that Hijrah has a variety of meanings, in the context of this post Mr.
Hamdan means physical migration to join the Islamic State’s media team and not a spiritual
migration to join the media team. I agree with Constable Mokdad that it is more likely than not
that Mr. Hamdan, a social media cheerleader for the Islamic State, is referring to himself.

[94] Key Post 81, The IED page

so they don’t say we discriminate [pac-man emoticon]

(Translation from Arabic)

So that nobody accuses us that we left the topic to pass and we don’t differentiate
between people

(Image: Islamic State soldier holding a large knife standing at the side of 6 individuals wearing
different coloured smocks.)

[95] Constable Mokdad identifies the image in this post as an Islamic State fighter holding a
knife readying to behead six characters each wearing a different coloured shirt representing the
rainbow flag of the Lesbian, Gay, Bisexual and Transgender (LGBT) community. This was
posted within a few days of the U.S. Supreme Court’s decision that sanctioned gay marriage.
Constable Mokdad notes that the Islamic State punishes gay people by throwing them off high
buildings.

[96] Mr. Hamdan advised that the heads on the characters in the post are meant to represent
President Obama. According to Mr. Hamdan the post is a poor attempt at humour, seen in the
laughing pac-man emoticon. He observed that people have different tastes in humour. Mr.
Hamdan, who seemed quite impressed by his own ability to create the highly distasteful image,

30
ID File No. / N° de dossier de la SI : B7-00771

re-used the image as the banner on a profile page that he created under the name Alberto Vaca
Derbunovich. 33

[97] A reasonable person viewing the post - text and image together - would identify that the
author, speaking on behalf of the Islamic State, is observing that “we” behead LGBT people as
“we” would behead anyone else. It is a vile, humourless sentiment.

[98] Key Post 77, The IED page

we are glad that brother Jahar Tsarnaev showed no remorse nor empathy for the
american pigs killed and injured in the #Boston Bombing .. we are glad that the
people did not take his apologize as sincere he simply did it because he had to as
the lawyer said to him !

… and Jahar is absolutely right .. the blood is on the American government hands

[99] Key Post 79, The IED page

rewriting #History [emoticon] one pressure cooker at a time [pac-man emoticon]

(Translation from Arabic)

To the followers of the Islamic State, we are cooking History. A pressure cooker is
followed by another one

Salute to the cooks

[100] I note that it was in relation to Key Post 77 and 79 that Mr. Hamdan offered up the
implausible meaning of the acronym for IED– Internationally Epic Defeat, as opposed to
Improvised Explosive Device - noted above.

[101] Key 77 and Posts 79 reference the Boston bombing in April 2013 where the two
Tsarnaev brothers set off a number of pressure cooker bombs during the Boston Marathon
inspired by a jihadist magazine published in English entitled “How to Make a Bomb in the
Kitchen of Your Mom”. Constable Mokdad’s interest in this post concerns the radicalization of
young western audiences through the internet and social media. It appears that in this case Mr.
Hamdan was simply reporting the conviction of Jahar Tsarnaev and expressing solidarity with
Tsarnaev’s less-than-sincere apology to the people that he killed and injured who were

33
Exhibit C1, p.30

31
ID File No. / N° de dossier de la SI : B7-00771

participants and spectators at a sporting event. It is Mr. Hamdan who describes the victims of
the marathon bombing as “american pigs”.

[102] According to Mr. Hamdan Key Post 79 has nothing to do with the Boston bombing.
Under cross-examination Mr. Hamdan explained that in this post he was merely laughing at the
mentality of pressure cooker bombs which should be obvious to anyone because of his use of
emoticons. 34 He testified that “It’s a description of the conduct of the Islamic State supporters
and laughing about that conduct.” 35 Mr. Hamdan expressed annoyance that the Minister would
equate the Boston Marathon bombing with this post about pressure cooker bombs as the
Tsarnaev brothers were supporters of a different terrorist entity who is a rival and sworn enemy
of the Islamic State terrorist entity.

[103] Apropos is an exchange of messages on Facebook between Mr. Hamdan, under the
profile Adam Khalifa, and a Facebook used, Adam Ksara: 36

From: Adam Khalifa hope A supplies you with a pressure cooker from the ones
you and I know about

From: Adam Ksara hahaaa I met with a group of leaders once in Kafia and I had
a weapon in my car and how much I wished to reach for it
and empty it on them and especially since they were big
shots from Chechnya but it did not work out

From: Adam Khalifa so you can cook for us a Russian meal buddy why are you
keeping quiet haahaaa

From: Adam Khalifa :D

From: Adam Ksara I left the city but I am back now and I was planning for
something evil but coming back and before I get there by 20
km I got in a car accident and the car turned over twice by
me and thanks to A a new age was written for me so now its
time for me to cook

Mr. Hamdan in this exchange used “pressure cooker” and “cook” as euphemisms for a terrorist
weapon and terrorist attack. Adam Ksara was however less circumspect in his language by
referring to “weapon” and “planning something evil”. Here I would observe that Mr. Hamdan

34
Transcript 24 May 2018, p.95
35
Transcript 23 May 2018, p.77
36
Exhibit C1, Tab 4, p.52

32
ID File No. / N° de dossier de la SI : B7-00771

was not laughing at the use of pressure bombs but indeed inspired by them, consistent with the
plain language of Key Post 79 where Mr. Hamdan praises the use of pressure cookers bombs as a
Lone Wolf weapon in support of the Islamic State. As noted above I find his attempt to distance
himself from the ordinary language of the post by relying on smiling or laughing emoticons to be
without any merit and serves only to diminish his credibility.

Key Posts that threaten Facebook’s staff

[104] Key Post 32, Adam Khalifa profile

(Translation from Arabic)

To be honest [smiling emoticon] I know why my last account was removed [smiling
emoticon]

My blood was burning because of the ban….so I wrote them a letter and ended it
with the following “you never had a reason to ban my account in the first place, lift
the ban as you might need some mercy when we take over your office…And you
know what we do to our enemies” [pac man emoticon]

[105] Key Post 42, The Defeat of the Alliance page

Face Book has deleted over 100K account of #ISIL supporters in the last 2 days
most of whom have not violated a single rule on FB most of them came back

but over 2000 did not .. they went to the next stage [smiling emoticon]

which like we told before they either turn into lone wolves and attack you on your
soil or immigrate to the land of the majestic #Caliphate

again .. #ISIS would like to thank you #FaceBook for all it’s recruiting efforts ..

every time facebook carries this silly action or muzzling the #free_of_expression of
the youth under the command of the inept #CIA .. #Islamic_State ranks swell up
with recruits

as it turns out facebook is the main recruiter for #IS

[106] Key Post 56, The Alliance Defeat page

Whatever Photo we post .. Facebook removes .. specially the Photos that Show The
Islamic State defeating the Alliance like the last one was Photo showing the
Downed Alliance Chopper

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ID File No. / N° de dossier de la SI : B7-00771

dear FB employee .. think about this for a moment

“!!!!! Do you think IS is not going to get to FB offices soon”

[smiling emoticon] keep it up

(Translation from Arabic)

Whatever picture we put will be eliminated !! These are the rules of the infidels at
Facebook. We will get to your offices one day !!

[107] Key Post 57, The Alliance Defeat page

we’ve told you before .. you can delete as many pages as you like .. soon you’ll see
us in your nightmares

the safety of your employees !! has already been determined by your actions

(Translation from Arabic)

Facebook infidels, we told you, we don’t care about what you delete of our pages.
Soon, you will see us in your dreams.

[108] Key Post 62, The Alliance Defeat page

keep this on record and it will be our first post for every page from now on .. just so
you know the reasons behind things

if any of this page admins carry’s out an attack .. Paris or Texas style .. it is due to
the fact that the #CIA keeps oppressing our freedom of speech and orders their tool
#facebook to delete our page .. 50 times so far .. we have re launched 51 times .. we
were as patient of people as you can find .. the CIA pushed us to the limit .. so
essentially .. the blood is on your hands

[109] Constable Mokdad identifies these posts as directed at Facebook’s administration, noting
the frustration expressed at Facebook’s policy of removing posts/pages/accounts supportive of
Islamic extremism together with threats of violence against Facebook employees. The Arabic
in Key Posts 56 and 57 uses the word “Kuffar” meaning disbeliever or infidel, a term commonly
used by the Islamic State to vilify non-Muslims.

[110] With respect to Key Post 42, Constable Mokdad observes that its message is consistent
with an Islamic State video that depicts an Ottawa resident, John Maguire, who joined the
Islamic State and died fighting, addressing the Muslims of Canada where he proposes two

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ID File No. / N° de dossier de la SI : B7-00771

options: to pack their bags and come join the fight or to sharpen their knives at home, referencing
Lone Wolf attacks.

[111] Mr. Hamdan testified that we should note that in this post it is the Islamic State who is
thanking Facebook for its recruiting efforts, not Mr. Hamdan. Yet in the preceding line he wrote
“which like we told you before they either turn into lone wolves and attack you on your soil .. or
immigrate to the land of the majestic #Caliphate”. In this line “we” that plainly reads as “the
Islamic State and I”.

[112] Mr. Hamdan agreed that he was very frustrated with Facebook’s repeated deletion of his
accounts. He testified at his trial that he was merely joking, as demonstrated by his used of an
emoticon, when in Key Post 32 he threatened “and you know what we do to our enemies.” 37 On
the other hand he also testified that his posts (Key Post 56 and 57) were a “little over the top” but
that some tiny percentage of those that Facebook is frustrating by deleting their accounts may
turn to violence. Mr. Hamdan admitted at trial that the posts were to “put the fear” into
Facebook employees and that he was referencing the attack on the magazine Charlie Hebdo in
Paris that had insulted or alienated Muslims. 38 Key Post 62 specifically refers to a page
administrator potentially carrying out a future attack on Facebook; it cannot be ignored that Mr.
Hamdan is the page administrator.

[113] Whether or not Mr. Hamdan had the personal ability or temperament to attack the offices
of Facebook these posts threaten violence and encourage it. He admitted as much when he
suggested that there is some small percentage of individuals that may be willing to conduct a
Charlie Hebdo style attack on Facebook’s offices. The use of the occasional happy-face
emoticon does not moderate that threat.

[114] It is irrelevant to this decision that Mr. Hamdan was not criminally charged with uttering
threats; the question being answered here is whether these threats to Facebook, together with his
other posts, make Mr. Hamdan a danger to the security of Canada.

37
Exhibit C2, Tab 9, p.430
38
Exhibit C2, Tab 9, p.429

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ID File No. / N° de dossier de la SI : B7-00771

Key Posts that promote acts of terrorism/Lone Wolf attacks

[115] Key Post 4, Adam Khalifa profile

Thanks to everyone who got engaged (interacted) with this page. By doing so you
have just sprayed ashes in the enemy’s eyes. We are waiting for your graduation
from Hanzala (Handala) institute to the university of Al-Zarqawi. Understand it
genius (smartass).

[116] According to Constable Mokdad, Handala represents a character of passive resistance,


while Al-Zarqawi is a reference to Abu Mussab Al-Zarqawi, also known as the Prince of
Slaughterers, an individual closely associated with violent jihadism, including beheading of
foreign hostages carried out by him personally.

[117] During his trial Mr. Hamdan was examined and cross-examined about this post. 39 He
was appalled by Constable Mokdad’s interpretation, in particular testifying that Al-Zarqawi is
the name of Jordanian friend of his, from the town of Al Zarqa who has the nickname of Al-
Zarqawi because he came from the eponymous town. 40 According to Mr. Hamdan during a
revolt of university students this individual wrote a poem and brazenly read it in front of soldiers.
He claimed that this posting was an inside joke between him and his Facebook friends.

[118] I find Mr. Hamdan’s explanation of Key Post 4 to not be credible and his outrage at
Constable Mokdad’s interpretation, a transparent attempt to deflect attention from his obvious
fabrication. In the context of the general tenor of his postings it is reasonable to conclude that
Mr. Hamdan was encouraging his readers to move from passive resistance to the violent jihadism
of the Prince of Slaughterers.

[119] Key Post 1, Adam Khalifa profile

Piece of Information

There is a dam in the Canadian town of Revelstoke, BC. It is considered a tourism


area for skiing in the winter. This dam supplies most of the west coast of the North
American Continent with power. The number of police officers in this town is 20-
30. Closest military base is 200 km. Security is weak.

39
Exhibit C2, Tab 9, pp. 411-413
40
Exhibit C2, Tab 9, p. 411

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ID File No. / N° de dossier de la SI : B7-00771

[120] Key Post 2, Adam Khalifa profile

Canadian Muslims

For a low cost, less than $200 and with it you will obtain a license to purchase
explosives and bear arms.

[121] Key Post 3, Adam Khalifa profile

Today’s Tourism information

There is a bridge Nipigon River Bridge near a village Nipigon, ON it crosses a


river and connects Eastern Canada with its West and it also carries a rail road.
This bridge divides the country in the middle and its repair will take years.

Security protection….zero

There will be an expansion of the bridge; therefore there will be reason for large
trucks on it [smiling emoticon]

There is no other bridge that connects Western with Eastern Canada

As any other Capitalist country, moving goods will constitute a weak point in the
economy of these countries.

[photograph of bridge]

[122] On the same date of these postings Mr. Hamdan engaged in an exchange of messages
with a Facebook contact named Red Clouds where they appear to be have a discussion of the use
of Hydrogen Sulfide gas as poison in oil and gas lines. 41

[123] In Constable Mokdad’s opinion Mr. Hamdan’s intent with Key Posts 1, 2 and 3 was to
provide information to individuals about vulnerable Canadian infrastructure that could be targets
to attack. His opinion is formed from a review of Mr. Hamdan’s postings in totality. He also
notes that is consistent with infrastructure attacks that were encouraged on an Islamic State
jihadist weblog in May 2015, identifying eight worldwide sites vulnerable to attack.

[124] According to Mr. Hamdan, both at this hearing and at his trial, he was merely providing
tourist information to a Facebook friend who had requested it and, as well, it formed part of
greater discussion, which is missing from the RCMP screen captures, about how travel is

41
Exhibit C1, p. 101

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ID File No. / N° de dossier de la SI : B7-00771

impacted by infrastructure security in the Middle East in comparison to Canada. In his warned
statement to a RCMP Constable Roy Mr. Hamdan explained Key Post 2 as providing advice to
Canadian Muslims on how to protect themselves from bears while prospecting and that
explosives could be used to blow up obstacles such as rocks while prospecting. 42

[125] I prefer the reasonable interpretation provided by Constable Mokdad. Seen in the context
of all of the Key Posts, the additional discussion of Hydrogen Sulfide gas, Mr. Hamdan’s
promotion and support of Lone Wolf attacks, and veneration of, and identification with the
Islamic State there are reasonable grounds to believe that these posts were for the purpose of
identifying infrastructure targets for his Facebook followers. In this context Mr. Hamdan’s
explanations for these posting are not credible. The smiling emoticon in respect of large trucks
on the bridge and the rubric “Today’s tourism information” are used in a cynical way, similar to
a nod and a wink, representing “you know, readers, what I am really talking about.”

[126] Key Post 11, Al-Uqab. The Banner page

you don’t understand what happened in #Ottawa?! here is a free lesson

USA is Arresting any muslim that wishes to travel to join the Islamic State!! Then
forget about the travel plans .. stay here and bring the fight to their town !!

(Image: 5 Handala figures, 4 of which have the black shoulder patch of the Islamic State) 43

[127] Key Post 15, Al-Uqab. The Banner page

The Power of suggestion !!!!!!!!!!

Wolves Wolves Wolves .. Lone Wolves Everywhere!

(Image: 36 Handala figures with the black shoulder patch signifying that they are Islamic State
supporters) 44

42
Exhibit C1, p. 92
43
Transcript 22 May 2018, p. 94.
44
Admitted by Mr. Hamdan in his warned statement, Exhibit C1, Tab 4, p. 84

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ID File No. / N° de dossier de la SI : B7-00771

[128] Constable Mokdad identifies both of these posts as encouraging readers of Mr. Hamdan’s
Facebook page to engage in Lone Wolf attacks. Both posts seem inspired by Couture-Rouleau’s
and Zehaf-Bibeau’s attacks as they were made in the days following those attacks.

[129] In respect of Key Post 11 Mr. Hamdan says that it is an explanation why the conflict has
migrated from Syria and Iraq, for example, to Ottawa and Paris; that it is the arrogant policy of
Western governments to keep people from travelling to join the Islamic State that is promoting
Lone Wolf attacks. The Handala figures with the Islamic State insignia are depicted saying
“let’s stay here and bring the fight to their towns!!” By attributing the message to the
indoctrinated Islamic State figures Mr. Hamdan is attempting to distance himself from the
content of the post that he wrote.

[130] Similarly for Key Post 15 Mr. Hamdan explained in oral testimony that he was
commenting on media coverage of Lone Wolf attacks; that what he meant by the “power of
suggestion” is that wide-spread and drawn-out media coverage of Lone Wolf attacks provokes
more Lone Wolf attacks. 45 But there is no reference to media in the body of the post. On the
face of the post and taking into consideration other posts in a similar vein, it appears that it is Mr.
Hamdan who is using his power of suggestion to promote Lone Wolf attacks through his social-
media postings.

[131] Key Post 37, Adam Khalifa profile

(Translated from Arabic)

What is the purpose of your presence on the Facebook?!

I am present here to support the Mujahedeen .. and to terrorize the enemy .. and to
encourage jihad

Until Allah writes martyrdom for me.

O God grant us a car with buttons or weaponry sufficient for an infiltration


operation in the midst of the enemy

[132] There is some disagreement over a precise translation of Key Post 37. I find that the
essential meaning does not change whether it is the RCMP interpreter’s version, Mr. Hamdan’s

45
Transcript 22 May 2018, p. 98

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ID File No. / N° de dossier de la SI : B7-00771

version or Constable Mokdad’s version. Constable Mokdad’s opinion is that the post clearly
demonstrates the intent of the author to encourage through his Facebook activity violent acts and
it further draws on the notion of martyrdom. According to Mr. Hamdan in his frustration over
the conflict in Syria he asks God to arm him so he can carry out an attack on the enemies of the
Sunnis in the Middle East. 4647 He asserted at this hearing and at his trial that he was referencing
a suicide bombing/martyrdom mission only in the Middle East. The language of the post speaks
for itself: terrorize, jihad and martyrdom. Notable in this particular post is that Mr. Hamdan
invokes the idea of carrying out a suicide mission himself.

[133] Key Post 40, The Defeat of the Alliance page

#Islamic_State

#ISIS #ISIL

our advice to supporters in the #US .. carry your actions there .. swiftly lone wolves
activate .all across #USA

[134] Mr. Justice Butler’s view of this posting is compelling:

[123] I have no hesitation in concluding that a reasonable person reading Key Post
40 objectively, would conclude that it is an active inducement to others to commit
terrorist actions “all across USA”. There is nothing in the surrounding posts that
suggest another meaning to that statement. There is no comment from Mr. Hamdan
distancing himself from the re-post or criticizing the content of it. On an objective
basis anyone reading it would understand it as a call to commit lone wolf terrorist
acts which would include murder or serious assaults. While it is not necessary to
arrive at that conclusion, I note that this was posted with a few days of Key Post 37
(although on a different account), which clearly referred to violent terrorist acts
including exploding a car with an IED. Mr. Hamdan recognized that import of Key
Post 40 when he said to Cst. Roy during his warned statement, “[t]hat’s probably
the only incriminating post you could have on me….And it’s – it’s not even my
words but that’s that’s the only one that I see that’s really bad….Because it says
lone wolves activate.” 48

[135] Mr. Hamdan asserted that this was a re-post of an Islamic State posting. He further
sought to distance himself from a literal reading of the post by saying that he posted it to contrast
the Facebook muzzling of Islamic State supporter accounts and the opposite effect that Mr.

46
Transcript 23 May 2018, p. 35
47
Exhibit C2, Tab 9, pp. 434-436
48
R. v. Hamdan, 2017 BCSC 1770

40
ID File No. / N° de dossier de la SI : B7-00771

Hamdan believed it was having; that shutting accounts encouraged Lone Wolves, a subject he
posted about in Key Post 42. The plain message of the Key Post 40 is not mitigated by Mr.
Hamdan’s attempt to cast it as some sort of dialectic. The post is an unabashed activation notice
to Lone Wolves to commit terrorist acts in the United States. If it was indeed a re-post of a
message from the Islamic State than it demonstrates Mr. Hamdan’s role in serving the Islamic
State’s social media agenda by assisting in the dissemination of its messages

[136] Key Post 50, The Defeat of the Alliance page

(Translation from Arabic)

#Important for #dissemination in hope that someone will benefit from it

**********************************************************

#Lone_wolves the pure and hidden soldiers of God

What is the current stage of Jihad in Egypt?

Many of our brothers look upon the Caliphate State and imagines his Jihad as if
walking with his weapon amongst brigades and fighting alongside the caliphate
army, then he awakes for his dreams to realize that there is an ambush awaiting
him at the street making him take a detour around the entire area to avoid being
hunted down so he drops his head in sorrow whispering to himself no equipment or
training and no money, Allah’s willing things will get better and the days pass by
and nothing happens

#2 Lone_wolves

What is the current stage of Jihad in Egypt?

Naturally many of the brothers looked at the Caliphate, their morale went down,
because it seemed as if is their only option for Jihad; or he starts looking for a way
to join not caring to what he may face from dangers even some of them face death
or capture for the sake of Joining the caliphate, some may arrive at their
destination and some may not and some of the brothers are right if they follow the
proper path for joining because the prospect of finding a job in Egypt is extinct.
And who ever attempts to join forgets that his land is a land of Jihad and that Jihad
in Egypt today is an obligation so if a brother left to engage in the Jihad who is
going to stand and fight for the sake of Allah in Egypt, is it acceptable to travel
thousands of kilometers in search of another Jihad!!

Does it make sense oh brother of Islam for the disbeliever to destroy your house
while you go to defend the neighbor’s house leaving your own house to be taken by
the infidels? Here is the question, what is the way in light of deficiency in the

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ID File No. / N° de dossier de la SI : B7-00771

number of people and tools and how can we engage in Jihad in Egypt and what is
the way?

#3 Lone_wolves

What is the current stage of Jihad in Egypt?

Jihad passes through many stages before it establishes empowerment on the ground
(become solid) and rule of the land like our brothers do in the land of the caliphate
and what do you see now is the result of many years of work that extended over ten
years, during which thousands of Jihadists died and many of them were captured
and imprisoned for bitter long years and suffered the pain of imprisonment.

I read that one of the brothers wrote that if we had killed their kids and used their
heads as toilet bowls, it would not have been sufficient revenge. So imagine the
extent of pain they went through. Without too much elaboration, the current state of
Jihad in Egypt may not be as long and hard as the one our brothers suffered
through in Iraq because things happen fast in Egypt and the presence of the Sunni
Muslims as a majority plays a factor as well but if the situation reaches a certain
level in Egypt we may reach a state of complete collapse which takes the people
o[?] Jihad in order to govern cities if all goes well.

#4 Lone_wolves

What is the method to defeat the enemies of Allah?

….Know oh brother of Islam in Egypt who is seeking Jihad that you are attaining a
matter of great virtue just like the virtue of the predecessors and even though you
know the repercussion of what you are doing, you chose to be a servant to Allah
and not a servant to the dictator so congratulations on your deal with Allah. So to
you my brother who divorced this world and arrived seeking death not afraid of
cowardly spilling of blood to you my brother in Islam I direct my words so give me
some of your attention.

#5 Lone_wolves

The Operational Methods of Wolves?

The wolves are one of the first stages of Jihadists work and operates without
connection/link towards a common goal many cells work here and there to achieve
the one goal of establishing the law of God on earth and the fight the disbelievers
and apostates so there is no link amongst them nor there is communication they
work alone or among small cells and they strike with might and fierceness
terrorizing the enemy and turning all his plans upside-down so he does not know
where the strikes are coming from and does not know how to stop it and truly, in
reality there is no security measure to stop it because they are hard to pursue and
getting to them, and even if it happens and one gets captured it would lead only to
himself or at most his cell will be captured that is if they ever get to them. One of

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ID File No. / N° de dossier de la SI : B7-00771

the characteristics of the wolves is that they are normal individuals they have no
relations to the mountains and the desert or the Islam [Islamic appearance]
because they do not appear with any dress of ideology to distinguish them than the
rest even some if you see you might think they are after worldly pleasures so
assuming ones identify is the principal of their work so during the day he is an
accountant in a company and at night a slaughterer stalking the dogs of apostasy
and disbelief.

#6 Lone_wolves

How do wolves inflict pain?

Lone wolves mainly operate alone and are men of might/strength not due to
muscular built or extensive experience in Jihad but their might/strength comes from
their belief that nothing will happen to them unless Allah had predestined it. Their
might/strength comes from them having divorced their world a clear divorce with
no going back fearing no one but their creator seeking and searching for death and
often runs from them as they chase it until Allah permits it. Those men are not
hesitant they have already decided their fate and have taken their path not turning
back until they meet their vows to Allah.

#7Lone_wolves

Advantage: Small woodchips is what makes big fires and there is no other way to
have a great change expect through small changes combined together to create a
big incident and that is also true in Jihad there will be on big change unless t the
continued Jihad of individuals over a long period of time is what makes a difference
in the end. So do not think less of a wolf that kills an apostate and then gets killed
and you say that he did not achieve what was worth dying for, as for the brother, he
has won by Allah and the apostate was sent to hell and as for the friends of the
apostate they are in continuous hell not alive nor dead he is rather awaiting death
any minute if he changes his attitude so not to anger his enemies, then that is good
for Muslims as the more apostates will be taken out of the battle and his attitude
changes to the worse by his disbelief increased. Allah will grant him another wolf
to pluck his head, so his courage will increase as he has seen his first brother and
this continues without a stop and it grows like a snowball that destroys whatever is
in front of it even with the course of time. . But you people that rush things!! #
continue

8# Lone_wolves having no equipment no money and no friends what can I do and I


want to inflict pain on the enemies of Allah? Know this oh brother in Islam that the
first tool that a Mujahid needs is his belief in Allah and his dedication to continue
on the path so many prepare but when it is time to act, they cannot and retreat and
that is because he has relied solely upon his strength and anger thinking that his
anger will lead him to achieve something but that does not work as it lacks the total
belief and submission to Allah almighty, so whoever takes this path has to retire to
his Allah in submission seeking guidance and steadfastness. The issue of preparing
[tactical preparedness Vs belief] cannot be compared to being prepared through
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ID File No. / N° de dossier de la SI : B7-00771

faith/belief as the tool to kill could be sharpened fork [cutlery] you use to stab an
apostate in the neck and flee so the being prepared [tactically] is not of a great
importance compared to what you carry in your soul [belief] and believe in victory
that Allah had promised.

9#Lone_wolves #companionship; many cannot operate unless they have brothers of


the same ideology to aid them in their path and hardships and strengthen , so
whoever is looking for friendship should leave this world and retreat back to
normal life and I swear to God that he will find partisans everywhere and on every
path but the smart person is the one who is vigorous in his search and has made it a
matter of life or death, if you were to search for one of your worldly gains you
would have vigorously pursued it without hesitation until you achieve it. As for the
one who is not able to find friendship many sources on the internet can aid him in
his path, proceed and work as working individually /lonely has a characteristic
which is no one knows what you are doing and that is what some of the lone wolves
prefer in working in the shadow away from any one, his secret is only with his
creator/God, he seeks him in supplication and takes refuge in Him and maintains
this great relationship with him until he meets Him as a stranger to the people of
earth and loved by the people of the sky so glad tidings to the strangers.

#10 Lone_wolves # weapons; Many when they think of Jihad they picture
Kalashnikov, the magazine carrier and the backup pistol and some wolves may God
have mercy on them have killed more than twenty (20) apostates using only a
personal handgun and died afterwards without wearing a magazine carrier and
never used an a fast shooting rifle. A lone wolf’s method of killing relies upon his
target, where to kill him and the place where the killing takes place, does the target
carries a weapon that could be taken as booty and does he have money that would
aid the brother in continuing his journey. Booty is the greatest source for acquiring
weapons amongst brothers and the varies ranging from stores and monies of
Christians and their vehicles to the weapons carried by security guards of banks
and government buildings and what/whoever is far or weak is an easy hunting
target (easy to hunt). The lone wolf can start by using a knife to slit the throat of an
apostate during a dark night and taking what he has (Money) gaining more than a
weapon and a decent sum of money aiding him to continue on his path and even
including other to him

11#Lone_wolves # killing; killing has many methods such as slitting the throat or
shooting using a silencer and killing using poison and killing by choking and every
wolf chooses from it what suits him and what and what suits his target and the
location where it takes place (location where the killing takes place). Locating /
Surveillance on the target as well as choosing the pace of the operation (Killing)
requires days in order to accurately assess the target’s schedule and the escape
route and timing everything has to be well planned to minimize mistakes even to
have a “plan B” ready for the brother before the execution of the operation to
ensure the success, in most cases darkness (night time) provide an element of
success to many operations. #to be continued 12#

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Lone_wolves # the conclusion

The work of the lone wolf is a great work that leads for empowerment on the
ground and victory to Muslims so a cell of wolves will gain experience and with
time that experience will transfer to conduct bigger operations using different of
weapons and in light of that leaderships are built, heroism is created, disasters are
created, experiences are garnered, and it is a path that blood is shed for the stake
of God almighty and here in Egypt if the matter is continued it will have different
results after a few months of work, however I say it bitterly, that those who want to
work number in the thousands but those who actually work are in the tens. Who
brings victory to the faith and who kills the people of apostasy and disbelief and
protects the nation and its honor. Imagine my brother one operation only taking
place in every province every month imagines twenty – eight (28) dead for example
every month. meaning an entire province one man operating only and imagine
what will happen to the apostates if there were two (2) operations every month in
every province what will the results be then continue imagining what will happen in
the numbers increased?

#White weapon (Knife)

It is flower (best) of the weapons and is quick in inflicting harm when you use it
individually and swift movements to slit the throat of the apostate from the artery to
the artery then throw him on the ground to die. You start by delivering a strong
blow to his head using anything heavy and then you slit his throat with ease with no
resistance and you could bass by while on your motorbike and stab him deep in the
neck and flee and the important thing is the strength of the strike and that the knife
is shard to the point that it cuts by merely touch it. It is important that the handle of
the allows for maneuvering it with it slipping from your hand and to have air
pockets to ensure death

# Silencers [gun silencers or suppressors]

It is the preferred weapon for the wolves it is quick and does not make noise and
ensures quick death and its use does not scare the executer he simply squeezes the
trigger with no need to handle a weapon (Like a knife) and slip throats because
many that are new (inexperienced) may not be able to tolerate that (using a knife)
and obtaining a firearm is the way to manufacturing the silencer and you can
purchase it firearm] from your own money or by killing an apostate and taking his
gun and that is a matter that requires good planning.

There are many ways to manufacture the silencer available on the internet and with
regards manufacturing some of the parts of it. It is best to use a single machine to
manufacture one part and then use another machine to manufacture another part
the important thing is not to do this in your city and not to deal with the same
machinist instead try to choose lunch time and deal with the helper in the shop
instead and be ready to have a story as why you need this part the you assemble
your silencer and inflict pain/death upon your enemy.

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#Poison

It is a secret weapon that kills instantly if the poison is of the a strong type and
there is several methods to manufacture poisons. The important thing is where to
place the poison for the apostate to ensure that he is the only one to die and some of
those places is the steering wheel of his vehicle using poisonous cream that
penetrates through his skin and pours.

# running over

It is an encouraged method [for killing] for those who know how to drive and
knows how to maneuver a vehicle, he has to take [could be stolen or booty] the
vehicle of a Christian or an apostate and uses it to run over or shoot from it [using
a gun] the importance is to use it [the vehicle] as quick method of escape and then
get rid of the vehicle and flee just like a normal person.

Methods of transportation for the wolves

the motorbike the better and faster and equipped for escaping through narrow
places and it has the ability to be hidden in when getting ready for escape and
maneuvering right after the operation. It is necessary during the operation not to
have any visible marks [on the motorbike] so it does not get identified at a later
time and that happens it is necessary to get rid of it right away [get rid of
motorbike]

Dress [clothing] of the wolves

The wolf has a storage place that is far/hidden form the populous to hide extra
clothes and the clothes used during the operation that no one has seen him wearing
before and no one has seen him purchasing or carrying and it is preferable to be of
the type that is commonly worn by normal people [public – in order blend and not
stick out], it is not to be of a specific brand, color or shape. It is necessary for the
wolf to have a mask and not a regular shawl/scarf that is liable to open and reveal
your face

Secret of the wolf

it is one truth, do not give your secret to anyone at all even if it is a brother that of
the same ideology/belief and shows a will to work and do not divulge to him any
secrets just provide him information on a need-to-know basis and that is a good
habit that does not make look bad nor does it make your brother look bad.

[137] I have omitted repetitive portions of this post. Mr. Hamdan’s issues with the timing of
the RCMP’s capture of this post are well-described in the BCSC decision:

•Post 50 – This is the most important of the Key Posts. The post was captured twice
from “The Defeat of the Alliance” Timeline: first on March 12, 2015 and then on

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ID File No. / N° de dossier de la SI : B7-00771

March 21, 2015. The full post was not captured on March 12, 2015 as C.M.
Spearman did not expand the “Continue Reading” tab at the bottom of the post. On
March 21, 2015, she did expand it and captured the entire post (the “Lone Wolf
Post”). Mr. Hamdan says he placed this post on the Facebook page on both
occasions at the request of the author. He said the author revised it slightly between
the two posts. 49

I confirmed with the parties that this entire post was captured by the RCMP even if had not been
posted in its entirety at the same time. Mr. Hamdan’s foremost concern with Key Post 50 is that
the RCMP failed to capture the comments and discussions that he believes would exonerate him
from a conclusion that he supported the contents of the post.

[138] Constable Mokdad identifies Key Post 50 as an alarming, “how-to” guide to conducting
Lone Wolf attacks. The following is a summary of his view of the post:

a) It links the concept of the Lone Wolf to jihadist principles.

b) It rationalizes the tactical benefits of Lone Wolf attacks.

c) It encourages readers to see themselves as potential Lone Wolves.

d) It dehumanizes victims by calling them “dogs of apostasy and disbelief”.

e) It encourages the reader to understand that the killing of a non-believer will lead to
a reward by God (martyrdom) and it assures the reader that the acts of violence are
for the benefit of God and the true believers.

f) It encourages the reader not to be discouraged by the fact that they could only kill a
small number of persons.

g) It suggests to the prospective Lone Wolf that their actions will embolden other to
commit similar acts, increasing the momentum and growing stronger in numbers.

h) It directs the reader to address the sense of loneliness and isolation of being a Lone
Wolf to go to the internet for support, demonstrating how the Islamic State uses
social media to further its goals.

i) It coaches the reader on how to come into possession of weapons.

j) It coaches readers on how to kill with an easily obtained knife and loot money off
the victim to fund additional attacks.

49
R. v. Hamdan, 2017 BCSC 1770, para. 81

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ID File No. / N° de dossier de la SI : B7-00771

k) It provides step-by-step instructions on how to identify targets, how to carry out the
act of killing, which weapons are best to use, how to evade detection and capture.

[139] I would add that the post provides the reader with a menu of killing options, including
slitting the victims throat with a knife, hitting them over the head with a heavy object and then
slitting their throat, stabbing victims while riding past them on a motorbike; poisoning, choking
and shooting them with a firearm equipped with a silencer, taking a vehicle from a Christian or
an apostate and using it run people over.

[140] Constable Mokdad testified that his research located the same text online that he
50
identifies as an “ISIS document, absolutely.” He testified that it was produced by Ansar Bait
al-Maqdis, a group operating in the Sinai and Gaza Strip who had sworn alliance to the Islamic
State. He testified that this document was seized from jihadists who conducted terrorist attacks
in Egypt. He explained that this information did not appear in his report because it did not
appear online until after Mr. Hamdan’s trial.

[141] According to Mr. Hamdan the author of the post is an Egyptian follower of the Defeat of
the Alliance page called Hisham Abdalatif. Mr. Hamdan claims that after he posted a short
extract Mr. Abdalatif insisted he post the entire text. At his trial he asserted that the post was for
educational or academic purposes and for the definition of the Lone Wolf, a concept not well-
understood in the Middle East. 51 Mr. Hamdan claims that there was considerable discussion
among the followers of the page that the RCMP deliberately neglected to capture which would
have shown that he opposed large portions of the text. Mr. Hamdan described his opinion: it is
clear by the post that Mr. Abdalatif advocated Lone Wolf attacks against Egyptian armed forces,
police forces and Coptic Christians, all of whom he considered to be supporters of the coup to
remove the Islamic fundamentalist Muslim Brotherhood, a democratically elected government.
The opinion that Mr. Hamdan’s claims to have expressed in the omitted comments is that now
was not the time to carry out Lone Wolf attacks in Egypt but to educate the masses.

[142] The post is a grotesque, “how-to” guide to the slaughter of people who are not followers
of Islam, for no other reason that they are not followers of Islam. I am aware that Mr. Justice
Butler found that where Mr. Hamdan claims to have expressed disagreement with the contents of

50
Transcript 16 April 18, p.47
51
Exhibit C2, Tab 9, pp. 423-427

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the post in the comments and the failure of the RCMP to capture the comments, that this gave
rise to a reasonable doubt in respect of the whether Mr. Hamdan deliberately encouraged the
commission of offences. 52 As noted above the standard of proof in criminal prosecutions is
extremely high while the standard of proof in this matter is at the other end of the scale. I find
that Key Post 50 is completely consistent with the tenor of Mr. Hamdan’s other posts promoting
Lone Wolf attacks. When he posted the first extract from the text he was aware of the contents
of the entire diatribe. Had he not agreed with its contents he could have declined to post it.
Suggesting that the post was for definitional or academic purposes is not credible.

[143] Even if Mr. Hamdan expressed an opinion in the comments distancing himself from it, an
assertion that lacks credibility, at the very least his posting of it furthered the agenda of the
Islamic State and is consistent with the general tenor of his Facebook activity.

[144] Key Post 85, Alberto Vaca Derbunovich profile

(Translation from Arabic)

Instead of WHEN TO RUN AWAY, we are going to start a movement called WHEN
TO BLOW UP .. Or do you just like to talk and sing about explosives and you are
scared of them??

(Constable Mokdad’s translation: Instead of #when do you rush to [engage in


jihad], we will start an initiative called #when to explode [blowup] .. Or do you
only boast about explosives and are afraid of it??)

[145] The RCMP interpreter’s interpretation failed to include the hashtags.

[146] Constable Mokdad identifies there was at the time of this posting a Twitter hashtag
initiative in Arabic that was encouraging individuals “to rush to engage in jihad”. Constable
Mokdad’s opinion is that the author of the post is suggesting an alternative hashtag initiative to
encourage individuals to engage in jihad, which frankly sounds about the same to me.

[147] Mr. Hamdan’s provided the following explanation of the post: the original hashtag means
“when do you migrate to the frontline”. In this post Mr. Hamdan was expressing his frustration
with Islamic State recruiters who he believed were preying on impressionable young men with
constant videos glorifying Islamic State violence. The message of the hashtag initiative is come

52
R. v. Hamdan, 2017 BCSC 1770, paras. 136-137

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ID File No. / N° de dossier de la SI : B7-00771

and join us. So sick of these recruiters was Mr. Hamdan that he calls for a hashtag initiative
suggesting the recruiters disappear, that they blow-up. “I’m just angry and despising these
recruiters. Again, this is another post taken out of context.” 53

[148] Mr. Hamdan’s explanation is not at all persuasive as it is inconsistent with the general
tenor of his posts which call for Lone Wolf attacks. He ignores the second part of the post: Or
do you just like to talk and sing about explosives and you are scared of them/Or do only boast
about explosives and are afraid of it? Mr. Hamdan is more likely criticizing “armchair” jihadists
who are too afraid to act on their beliefs, to be Lone Wolves.

3. Vancouver Law Courts Graffiti

[149] The Minister provided copies of photographs of graffiti that appeared in the holding cells
in the Vancouver Law Courts on 30 and 31 January 2017 when Mr. Hamdan was being held
there during his trial. Mr. Hamdan does not dispute that he is the author of the graffiti.

[150] In particular there is a drawing on the painted cinderblock that appears to be the Shahada
above the seal of Mohammed. 54 The Minister’s position is that the image was an attempt by Mr.
Hamdan to reproduce the Islamic State flag. Constable Mokdad testified that the image would
be consistent with a supporter or member of the Islamic State. 55

[151] Mr. Hamdan argued that he was merely drawing the Prophet of Islam Banner or Banner
of Islam and not the banner of the Islamic State. The Islamic State flag, he noted would have the
colours reversed. He compared it to the flag of England, a red cross on a white background in
contrast to the flag of Denmark being a white cross on a red background.

[152] In consideration that he was working without drawing instruments and suggested he used
no more than a dirty finger as media to create the image it would have been a significant feat for
Mr. Hamdan to have drawn an accurate representation of the Islamic State flag with a black
background. In spite of his assertion to the contrary I am satisfied that Mr. Hamdan drew a

53
Transcript 23 May 2018, p.82
54
Exhibit C4, Tab 4, pp. 6-9
55
Transcript 16 April 2018, p. 50

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ID File No. / N° de dossier de la SI : B7-00771

representation of the Islamic State flag. It is consistent with his Facebook posts supporting the
Islamic State and the imagery he used as background to a number of his Facebook accounts.

[153] Other graffiti included “RCMP are pieces of shit.” 56

4. USB Thumb Drive

[154] On 25 April 2017 the Vancouver Police turned over a USB thumb drive to the RCMP.
The Vancouver Police received the thumb drive from Mr. Hamdan’s cell neighbour. At the time
Mr. Hamdan and this individual were housed in the same isolation unit at North Fraser Pretrial
detention facility.

[155] Mr. Hamdan admitted that the thumb drive was his but had much to say about how his
cell neighbour may have come to have had it in his possession. It is inconsequential whether the
cell neighbour found it or Mr. Hamdan gave it to him for viewing. According to Constable
Fraser of the Vancouver Police, whose handwritten notes and testimony at a detention review
were in evidence at this hearing, the cell neighbour was trying to obtain some compensation from
the police for providing information on Mr. Hamdan. When he realized that no money was
forthcoming he nevertheless provided the police with some information about Mr. Hamdan. 57
He told the police that thumb drive videos contained images of beheadings and that Mr. Hamdan
had threatened to blow up Green Timbers, the RCMP divisional headquarters, to exact revenge
on the RCMP interpreters who he believed where deliberately mistranslating his posts. In
addition Mr. Hamdan had told the cell neighbour that he knew ISIS members and had discussed
bomb-making derived from static electricity. Mr. Hamdan testified that his cell neighbour was a
mentally unstable drug user.

[156] The contents of the thumb drive were entered into evidence by way of a DVD. The
thumb drive held 13 videos that, even if not produced by the Islamic State, contained Islamic
State content. Six of the videos contained images of extreme violence, the kind of sadistic
inhumanity associated with the Islamic State including manual beheadings and the shootings of

56
Exhibit C4, Tab 4, pp. 10-11
57
Exhibit C3, Tabs 13,14&15

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ID File No. / N° de dossier de la SI : B7-00771

individuals in the head at close range. A detailed description of each video is found in Exhibit
C5, Tab 2.

[157] Mr. Hamdan was cross-examined at length about the videos. He admitted that he had
downloaded all of them. He testified that he had never made these videos available on his
Facebook pages and profiles. He vaguely recalls a roommate, before his arrest, viewing some of
the content of the videos. In cross-examination he was asked why he would download these
videos. It was, he said, to verify news stories being pushed by the Islamic State or for that
matter, CNN, or to educate himself more about the conflict, and in respect of the videos that did
not contain violence, about services being provided by the Islamic State to the civilian
population. None of these reasons were a credible explanation why he would possess videos
featuring extreme violence other than to satisfy his jihadist inclinations.

CREDIBILITY OF EVIDENCE

[158] As it is only necessary for evidence to be credible and trustworthy in the circumstances, it
is generally unnecessary at hearings before the Immigration Division to qualify a witness as an
expert. S. 173(d) of the IRPA reads:

The Immigration Division, in any proceeding before it,

(d) may receive and base a decision on evidence adduced in the proceedings that it
considers credible or trustworthy in the circumstances.

[159] Constable Mokdad was examined at the hearing and his two “Expert Witness” Reports
were included among the Minister’s exhibits. He is a constable with the RCMP National
Security Division, and has been with the RCMP for 14 years. From Constable Mokdad’s CV he
is presented as an expert on militant jihadism, or what he also refers to as Salafist Jihadism, in
the Middle East and North Africa. This knowledge is derived from 15 years of independent
research in the subject area.

[160] Constable Mokdad had been asked by the RCMP during its investigation of Mr. Hamdan
to translate and provide an expert opinion on Mr. Hamdan’s Facebook posts; to give the posts
context, linguistically and in relation to national security and terrorism. His first report was a

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ID File No. / N° de dossier de la SI : B7-00771

background document on the Islamic State and the concept of Lone Wolf attacks. The second
report is the review of the Facebook posts.

[161] Although his reports are well-footnoted Mr. Hamdan asserted that Constable Mokdad’s
opinions should be given little weight because he was evasive about the materials he relied on to
form his opinions. Mr. Hamdan also was emboldened in his criticism of Constable Mokdad
because Mr. Justice Butler had found Constable Mokdad to have a narrow perspective and
relatively closed mind when assessing the Key Posts. Mr. Justice Butler found that that
Constable Mokdad was overly focused in his research on the media arms of extremist
organizations which coloured his opinions particularly in contrast to Mr. Aziz whom he found a
more objective witness. Mr. Aziz was not a witness at this hearing but his testimony from the
trial was presented by Mr. Hamdan in Exhibit P3. As Justice Butler observed much of Mr.
Aziz’s testimony had the tenor of a university seminar. 58

[162] For the purpose of this admissibility hearing I found Constable Mokdad’s opinions on the
meaning of posts to be both practical and persuasive in providing additional context to Mr.
Hamdan’s posts. It was my observation that, for the most part, the language of Mr. Hamdan’s
posts was plain and the meaning obvious. An opinion on posts was really only necessary in
separating Mr. Hamdan’s mostly implausible assertions from the more probable meanings by
reference to the general themes of his Facebook activity. Constable Mokdad provided these
credible opinions. It is true that Mr. Aziz provided nuance with respect to the many forms of
jihad and the concept of the idealized Islamic State versus the terrorist Islamic State but this was
nuance more relevant at the criminal trial where Mr. Hamdan had only to raise a reasonable
doubt regarding the meaning and intention of his posts. Here it has been only necessary to draw
conclusions about the meaning of posts at the reasonable grounds to believe standard.

[163] I have noted above the specific posts where I found Mr. Hamdan’s evidence not credible
and trustworthy in the circumstances and where I preferred Constable Mokdad’s opinion over
Mr. Hamdan’s explanation. My general conclusion on Mr. Hamdan’s credibility is that his
explanations of posts were often an effort on his part to cast himself as a critic of the Islamic
State. This was not at all credible when for example in Key Post 40 he hash-tagged Islamic

58
R. v. Hamdan, 2017 BCSC 1770, para.102

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State, ISIS and ISIL and called for the immediate activation of Lone Wolves across the United
States. As noted earlier he also frequently made posts in which he appeared to associate himself
with the Islamic State, referring to “us” or “we”. As well, he did himself no favours with respect
to credibility by insisting that his use of the acronym IED meant Internationally Epic Defeat.

LAW APPLICATION

Freedom of Expression under s. 2(b) of the Charter

[164] As noted above, a significant issue in this case is whether Mr. Hamdan’s Facebook
activity is protected by s. 2(b) of the Charter. Freedom of expression is a fundamental freedom
in Canada and s. 2(b) has been interpreted broadly. Despite its broad protection, s. 2(b) does not
protect violence or threats of violence. The Ontario Court of Appeal has noted that because the
consequence of characterizing something as violence or a threat of violence is extreme – it
conclusively defeats a Charter claim without consideration of any other factor – courts must be
vigilant in determining whether the evidence supports the characterization. 59

[165] I accept Mr. Hamdan’s argument that the threshold for finding that the security of Canada
is threatened by statements alone is very high because of because of s. 2(b) of the Charter. It
would not be met by Mr. Hamdan’s identification with the Islamic State: Key Post 53
#Islamic_State They are of me and I am of them. It would not be met by Mr. Hamdan’s opinion
that Canada should not be part of the Alliance fighting the Islamic State. It would not be met by
being critical of Facebook’s censorship of his accounts. It would not even be met by his
reprehensible praise for Lone Wolf terrorist attacks. The posts in the above sections entitled
“Key Post that demonstrate Mr. Hamdan’s allegiance to and support of the Islamic State” and
“Key Posts that praise or glorify acts of terrorism/Lone Wolf attacks” are expression protected
by s. 2(b) of the Charter. Freedom of Expression ends and danger to the security of Canada
begins when Mr. Hamdan advocates violence in the form of terrorism in support of the Islamic
State. In particular, the following Key Posts encouraged or advocated for acts of terrorism:

• Key Posts 1, 2 and 3 identifies crucial infrastructure in Canada as targets for attack.

59
Bracken v. Fort Erie (Town), 2017 ONCA 668, paras. 49-52.

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ID File No. / N° de dossier de la SI : B7-00771

• Key Post 4 Mr. Hamdan encourages the move from passive resistance to violent
jihadism, the kind practiced by Abu Mussab Al-Zarqawi that includes beheadings.

• Key Posts 11, 15 and 40 praise, promote, encourage and Lone Wolf attacks in the West.

• Key Post 50 is a detailed how-to manual for Lone Wolves terrorist attacks.

• Key Post 37 is an unequivocal statement that Mr. Hamdan is on Facebook to support


jihadism, to terrorize the enemy and looks forward to the reward of martyrdom. He
concludes that post with “O God grant us a car with buttons or weaponry sufficient for
an infiltration operation in the midst of the enemy”, evoking the prospect of Mr. Hamdan
himself carrying out a car bomb attack or the like.

• Key Posts 32, 56, 57 and 62 threaten terrorist acts on the offices of Facebook, in the
manner that the magazine Charlie Hebdo was attacked in Paris.

[166] I find that the above Key Posts constitute threats of violence, as their plain wording
encourages the reader to commit acts of terrorism. Accordingly, the above Key Posts are not
protected by s. 2(b) of the Charter.

Danger to the Security of Canada

[167] Mr. Hamdan cast his activity on Facebook as an alternative news source, providing his
followers with another view of events in the Middle East and of the Alliance war on the Islamic
State. His saw his role as “speaking truth to power”, parroting a line from Mr. Aziz’s testimony
at the trial who had used it to described one of the many meanings of jihad. There is a news
source quality to some of Mr. Hamdan’s posts, even if the reasonable person would often find his
point of view unsavoury, particularly his glorification of the barbaric violence of the Islamic
State. Mr. Hamdan however did not merely report news; he identified with and allied himself
with a terrorist organization and he served that organization’s social media agenda by relaying its
messages. He strayed even further from a journalistic slant by praising Lone Wolf terrorist
attacks, calling for them and providing instructions on how to carry them out. This is the context
in which Mr. Hamdan ultimately made threats of violence unprotected by the Charter.

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ID File No. / N° de dossier de la SI : B7-00771

[168] Mr. Hamdan argued that he was not engaged in giving material support to the Islamic
State by fundraising or buying weapons or engaging in direct combat and that this sets him apart
from other cases where persons have been found to be a danger to the security of Canada. But
these are not fixed criteria. The Supreme Court in Suresh called for a fair, large and liberal
interpretation of what constitutes a danger to the security of Canada, including the consideration
that Canada’s security has an international dimension. Mr. Hamdan identified infrastructure in
Canada which could be targets for attack. He encouraged Lone Wolves in the West who could
not travel abroad to carry out attacks at home. He shared a detailed how-to manual for Lone
Wolves to follow in serving the terrorist agenda of the Islamic State. Additionally many posts
appear as recruitment initiatives for the Islamic State either in terms of Lone Wolf terrorism in
the West or joining the Islamic State on the battlefield in the Middle East. While this form of
support is different than supplying money and weapons it is nonetheless a substantial form of
support that endangers Canadians.

[169] With respect to the definition set out in Suresh, I find that the threat posed by Mr.
Hamdan is serious, as it is grounded on an objectively reasonable suspicion based on his own
words and online activities. Furthermore, the threatened harm is substantial rather than
negligible; the Lone Wolf terrorism he promotes is directed at bringing fear and physical
violence to unsuspecting civilian populations in Canada, the United States and further abroad.

[170] Additionally any knowledge requirement under s. 34(1)(d) is also established in the
evidence. Mr. Hamdan was aware that the Islamic State engaged in acts of extreme violence on
its own turf and encouraged the same overseas through Lone Wolf terrorism. By encouraging
and calling for Lone Wolf terrorism Mr. Hamdan would have been aware of the potential
consequence. There is no doubt that Mr. Hamdan intentionally made all of the posts and was
aware of their contents. He was aware of the context in which he was making these posts, in
which the Islamic State was using Lone Wolf attacks in Western countries in order to spread
their influence and spread fear. Despite this global context, and despite knowing that his posts
would be read by his online followers, Mr. Hamdan still chose to make the posts in question in
the hopes that his posts would further the Islamic State’s influence, and aware that his readers
might follow through on the terrorist acts that he promoted. Accordingly, I find Mr. Hamdan is a

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danger to the security of Canada on the basis of his encouragement of others to commit terrorist
acts.

[171] The Minister argued as well that Mr. Hamdan made threats against the RCMP and
Facebook employees and therefore is a risk of personally committing acts of violence. It is my
observation that Mr. Hamdan is considerably aggrieved by the criminal and immigration
processes that have resulted in his incarceration since 2015 that he considers to be without
justification. Mr. Hamdan has never been charged with uttering threats and he has no personal
history of violence. However as noted above in Re Zündel 2005 FC 295, for a person to be
found to be a danger to the security of Canada there is neither a requirement of a determination
of criminality nor personal involvement in acts of violence. While Mr. Hamdan has no history of
violence he has praised Lone Wolf attacks, actively promoted the Islamic State, disseminated
instructions on how to commit attacks, and seems fascinated with the extreme violence of the
Islamic State demonstrated by possessing Islamic State videos depicting gruesome murders. Mr.
Hamdan’s threats take on a more sinister dimension when a fascination with violence is mixed
with anger and resentment. As well Key Post 37 and 62 contains the threat of personally
carrying out a terrorist attack. I believe that the Minister has adequately established that this risk
of Mr. Hamdan personally engaging in violence in the future adds to the finding that in relation
to his Facebook activity he is a danger to the security of Canada.

CONCLUSION and ORDER

[172] For the reasons above I find that the Mr. Hamdan is a foreign national who is
inadmissible to Canada under section 34(1)(d) for being a danger to the security of Canada. A
Deportation Order is the applicable order pursuant to section 229(1)(a) of the Immigration and
Refugee Regulations. The Order is attached to these reasons.

(signed) “M. Tessler”

M. Tessler

18 October 2018

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