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PAROLE BOARD OF CANADA

APPEAL DIVISION

DECISION(S)
OFFEN DER INFORMATION:
FPS:

AHMAD, FAHIM
Institution:
INSTITUTION

Name:

FILE NO:

DCISION(S) APPEALED
DETENTION ORDERED

FINAL DECISION(S):
2015-09-09

AFFIRMED

DETENTION ORDERED

1J
1

LAPPEAL DECISION REVIEW:

The Role of the Appeal Division
The role of the Appeal Division is to ensure that the law and the Board policies are respected, that the rules of
fundamental justice are adhered to and that the Board s decisions are based upon relevant, reliable and persuasive
information.

safeguards
The Appeal Division reviews the decision-making process to confirm that it was fair and that the procedural
were respected.
for that of the
The Appeal Division has jurisdiction to re-assess the issue of risk to reoffend and to substitute its discretion
information
the
by
unsupported
and
original decision makers, but only where it finds that the decision was unfounded
available at the time the decision was made.

Summary of Appeal Decision:

You appealed the Parole Board of Canada (PBC) decision of April 16, 2015 to order your
detention.
in
The Appeal Division reviewed your file, the audio-recording of the hearing, and your submission
Your grounds of
the appeal letter dated June 15, 2015, prepared by your lawyer, Mr.
appeal were considered and summarized as follows:
Erroneous and/or Incomplete Information
Reasonableness of the Decision

Analysis of Grounds:
Erroneous andlor Incomplete Information
Reasonableness of the Decision
You submit that the Board erred in finding as a fact that you had shown a pattern of
criminal and threatening behaviour. You argue that you engaged in only one single activity
that persisted over the period of 2005-2006.
You submit that there is no evidence to justify the Boards finding that your activities
FPS:

Name: AHMAD, FAHIM

File No:

PBC 82 (96-02) OMS

VERS (6)
Date and Time Locked: 2015-09-16 10:28

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caused physical or psychological harm to another person. You acknowledge that your
activities mostly like would have caused physical or psychological harm to others if they
had actually been carried out.
You submit that the Board erred in finding that your counselling sessions had been
informal, unstructured and lacked well articulated objectives. You claim that the sessions
addressed the reasons you became involved in criminal activity, and were designed to
ensure that your thinking changed so that you would not rooffend.
You submit there is no evidence that one could reasonably conclude that you placed blame
on others. You argue that your guilty plea is evidence of remorse and your acceptance of
responsibility. You also claim that you were merely describing your thought processes
when you told the Board that your behaviour was influenced by events in the Middle East,
inaccurate information on the internet, and contact with radical Imams and other likeminded individuals.
You further submit that the Board erred in finding that you did not have a viable release
plan. You claim that the Board failed to take into account that you had a place to reside,
employment, and counseling.
Finally, you submit that the Board erred in stating that file information indicated that you
had not demonstrated any change since the Boards decision in September 2014. You
argue that the statement suggests that the Board found itself bound by an earlier finding at
a parole hearing.

Mr. Ahmad, the Appeal Division finds that you have not raised any grounds that would cause it to
intervene.
The Board had to determine whether it was satisfied that you are likely, if released, to commit an
offence causing serious harm or death to another person before the expiration of your sentence.
To be satisfied, the Board takes into consideration any factor that is relevant to the risk
assessment including the factors listed under subsection 132(1) of the Corrections and
Conditional Release Act (CCRA). The protection of society is the paramount consideration for the
Board in the determination of all cases.
A review of the written reasons indicates that the Board found that you had shown a persistent
pattern of criminal and threatening behaviour that would cause physical harm, death or
psychological harm to others. The Board found that your plans to use explosives and other
weapons were serious in nature as they would have had a devastating impact on individual
Canadians and society in general. The Board considered that you had recently been classified as
a medium security inmate who was assessed as requiring a High Need for Improvement in the
areas of Attitude, Personal/Emotional Orientation and Associates, and requiring a Moderate Need
for Improvement in the area of Education/Employment. Although the Board acknowledged that
it
you had made some efforts to address your dynamic risk factors through counselling sessions,
concluded that the interventions were informal, unstructured and lacked well articulated
objectives. In this regard, the Board determined that your responses at the hearing indicated a
lack of insight into the reasons for your offending and that you placed blame on others. The
of
Board further found that your release plans were not viable, noting your lack of understanding
your risk factors and coping strategies. In its final analysis, the Board was satisfied that your case
met the criteria for detention as it found that you are likely, if releasd, to commit an offence
causing serious harm or death to another person before the expiration of your sentence.
Therefore, the Board ordered your detention.
FPS:

PBC 82 (96-02) OMS

VERS (6)
Date and Time Locked: 2015-09-16 10:28

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for that of
Mr. Ahmad, the Appeal Division does not have the jurisdiction to substitute its discretion
the Board which assessed your risk to reoffend, unless its decision is unreasonable and
unfounded. After a review of your case, the Appeal Division finds that the Boards decision is
reasonable and based on relevant, reliable and persuasive information.
,
You are serving a 7 year, 3 month sentence for Instruct to Carry Out Activity for a Terrorist Group
Commission of Offence for a Terrorist Group, and Participate in Activity for a Terrorist Group. In
ies in
2005, you were the head of a group of men whose objective was to engage in terrorist activit
of
furtherance of the cause of violent Jihad (Rv. F. Ahmad et a!, Plea, Ontario Superior Court
Justice, May 3, 2010).) You possessed firearms, made continuous efforts to acquire more
were
firearms illegally, and acted as the leader of two terrorist training camps. The training camps
to be the first step in bringing a group of young men to a state of readiness to conduct armed
V.
terrorist attacks against targets in Canada described by (you) as critical infrastructure. (R
28,
Fahim Ahmad, Reasons for Sentence, Ontario Superior Court of Justice, September 27 and
the
2010). You also distributed propaganda texts and videos that were intended to radicalize
a
viewer and incite violence (Information Retrieval Unit Toronto Correctional Service Canad
es you
received by PBC on May 23, 2014). A review of the audio-recording of the hearing indicat
and that
acknowledged that your index offences were serious, that you made threats of violence,
gs and
you had demonstrated indifference to the tragedy that would result from bombing buildin
beheading individuals.
. . .

dated
As for the Boards findings about your lack of insight, the Psychological Risk Assessment
es and the
December 12, 2014 described your tendency to minimize your role in the index offenc
appreciate
implications of your actions. The psychologist stated that you did not appear to fully
attacks, and
the significance of your leadership role in terms of recruiting and planning terrorist
community.
that it was not clear that you fully understood how to avoid negative influences in the
that your
A review of the audio-recording indicates that you acknowledged to the Board
long time.
radicalization was a 9 year process and that coming backwould also take a
several outstanding
According to the Assessment for Decision dated January 22, 2015, you have
a considering you
risk factors that require intervention prior to the Correctional Service of Canad
logical Risk
for a conditional release. As for your release plans, the above-referenced Psycho
easily become re
Assessment indicated that you had no concrete plans and that you could
ns. A review of
involved in violent extremism if you had no specific plans to avoid high risk situatio
on to avoid the
the audio-recording of the hearing indicates that you indicated a general intenti
viewer but you
internet and media where the purpose of the content may be to radicalize the
ns. As for your
offered no specific strategies as to how you would avoid these high risk situatio
l Division finds that
submission about the Boards reference to a previous PBC decision, the Appea
was otherwise
the reference was restricted to information about your release plans which
hearing.
supported by other relevant file information and the presentations at the
leadership role in the
Mr. Ahmad, given the nature and gravity of your index offences, your
possession and
recruitment and indoctrination of others to incite them to violence, your
which are assessed as
acquisition of firearms, your lack of insight into your dynamic risk factors
plan, the Appeal
requiring a High Need for lmprovement, and your lack of a viable release
and based on relevant,
Division finds the Boards decision to order your detention is reasonable
that the Boards
reliable and persuasive information. The Appeal Division is further satisfied
decision is consistent with relevant law and Board policy.

Conclusion:
on.
The Appeal Division affirms the Boards decision of April 16, 2015 to order your detenti
FPS:

Name: AHMAD, FAHIM

VERS (6)
Date and Time Locked: 2015-09-16 10:28

File No.

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DECISION(S) AN VOTES:.
AFFIRMED

2015-09-09

PITSULA, P

AFFIRMED

2015-09-09

DUBREUIL, S

AFFIRMED

2015-09-09

DETENTION ORDERED
Board Member Votes

SIGNATLIES:

z_L_Irr

PITSULA, P

Board Member Signature Date

DUBREUIL, S

Board Member Signature Date

VERS (6)
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