Crown prosecutors in Calgary are seeking a significant 16-year prison sentence for a local man convicted of traveling to Syria to join the Islamic State terrorist group and committing acts of terror.
Crown Seeks Maximum Sentence for Terrorist Activities
During a sentencing hearing on Friday, Crown prosecutor Kent Brown argued that Jamal Borhot, 35, should be imprisoned for 16 years for his actions in 2013 and 2014. Brown stated that the three terrorism offences Borhot was convicted of could collectively justify a sentence exceeding 20 years.
The most serious charge, participating in the activities of a terrorist group, alone carries a maximum penalty of 10 years. Brown told Justice Corina Dario that this maximum should apply. While the other two offences could add five to six years each, the prosecutor applied the totality principle, which considers the combined sentence's overall fairness, to arrive at the recommended 16-year term.
Defence Argues for Lesser 12-Year Term
Borhot's defence lawyer, Pawel Milczarek, countered that his client should receive a 12-year sentence. He pointed to the case of Borhot's cousin, Hussein Borhot, who received a 12-year sentence after pleading guilty to two similar terrorism offences.
Prosecutor Brown acknowledged the cousin's case but emphasized key differences. He argued that Jamal Borhot's conduct warranted a longer sentence because he did not plead guilty and was convicted after a trial. "There was a real risk of serious harm caused by this offender’s conduct," Brown told the court.
Conviction Follows Lengthy, Partially Secret Trial
Justice Dario found Borhot guilty on December 1, following an extensive trial that began in April 2024 and spanned 40 court days. Significant portions of the trial were held behind closed doors due to national security concerns.
In her written decision, Dario concluded that the Crown proved beyond a reasonable doubt that Borhot participated in ISIS activities. She stated that the evidence showed he "knew he was part of a terrorist organization, understood their goals of achieving a Caliphate State through Jihad, and participated in their activities in achieving that goal by committing acts of violence."
The court heard that Borhot traveled from Calgary to Turkey in May 2013, then crossed into Syria, where he remained until returning to Canada in April 2014.
In seeking a deterrent sentence, Brown argued that a lengthy prison term is necessary to denounce Borhot's actions and discourage others from following a similar path. The defence, in seeking a lower sentence, noted Borhot joined a side fighting against Hezbollah and the Syrian army of Bashar al-Assad. Justice Dario will render her sentencing decision at a later date.
