An offender sentenced for foreign incursion preparatory offences under s 7(1)(e) of the CFIRA should not be sentenced as if the offence contained terrorism as an element where it does not; the offender's radical beliefs are part of the sentencing matrix but do not elevate the objective seriousness of the charged offences. Compliance with bail conditions and productive employment over an extended period may constitute evidence of rehabilitation sufficient to support a non-custodial sentence even for objectively serious offending. Delay between plea and sentence must be synthesised with all other sentencing considerations at the time of sentence, not treated as a separate factor that can or cannot 'change' an otherwise determined sentence.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.