Federal Court says RCMP must hand over solicitor-client information in terror plot case

Catharine Tunney · CBC News

· Posted: Jul 08, 2025 4:00 AM EDT | Last Updated: 8 hours ago

The Federal Court says the RCMP indispensable manus implicit solicitor-client information to the country's nationalist information reappraisal bureau — allowing a long-stalled reappraisal into whether the Mounties mishandled the lawsuit of a Canadian convicted of plotting ISIS-inspired panic attacks successful the U.S. to determination ahead.

The lawsuit centres connected a ailment from Abdulrahman El Bahnasawy's begetter Osama El Bahnasawy, who alleged the RCMP played a relation entrapping his son, present serving a decades-long condemnation successful a U.S. maximum information prison.

The FBI, with assistance from the RCMP, arrested the then 18-year-old El Bahnasawy astatine a edifice successful New York successful May 2016. The Mississauga, Ont., teen, who has a past of bipolar upset and addiction, had been chatting online with an undercover FBI serviceman helium thought was an ISIS protagonist astir bombing Times Square and the New York City subway system.

The defence argued the cause encouraged El Bahnasawy to program the attacks, while prosecutors maintained the crippled was good underway earlier the 2 connected.

El Bahnasawy pleaded blameworthy to conspiracy-related panic charges and successful 2018 was sentenced successful a U.S. national tribunal successful Manhattan to 40 years successful prison.

But the household has raised concerns astir the RCMP's role. They allege the Mounties failed to intervene portion El Bahnasawy was inactive successful Canada, contempt his property and intelligence wellness challenges, and allowed him to beryllium arrested and prosecuted successful the U.S. nether a strategy with less protections for mentally sick defendants.

RCMP acted successful bully faith, findings incomplete: review 

The family's ailment landed with the National Security and Intelligence Review Agency (NSIRA) successful 2020. After years of pandemic-related delays, a reappraisal led by vice-chair Craig Forcese found the RCMP acted successful "good faith" based connected credible evidence.

But Forcese also underscored that his findings were incomplete and the reappraisal remains unfastened due to the fact that the RCMP refused to disclose what, if any, ineligible proposal it sought.

"This is regrettable arsenic it volition inevitably lend to doubts the complainant has astir the behaviour of the RCMP," helium wrote.

NSIRA sought a summons to compel the RCMP to disclose the solicitor-client information, triggering a proceeding earlier the Federal Court.

The RCMP and lawyer wide argued the NSIRA Act does not entitle Forcese's squad to solicitor-client accusation — an statement Justice John Norris dismissed.

"To afloat recognize and measure the decisions the RCMP made successful narration to a nationalist information probe similar the 1 concerning Abdulrahman, it is indispensable to cognize what ineligible proposal they sought and, if proposal was provided, whether they followed that advice," helium wrote successful his June 27 ruling.

The justness went connected to say it is "completely counterintuitive" to deliberation Parliament created NSIRA and intended to springiness it less access to applicable accusation than its predecessor, the Security Intelligence Review Committee.

"The [attorney general] was incapable to suggest immoderate crushed wherefore this would beryllium the case," wrote Norris.

"In my view, it is highly improbable that this was Parliament's intent."

WATCH | More astir El Bahnasawy's case:

Speaking for the family, lawyer John Phillips called the RCMP's refusal to co-operate "shameful" and an "injustice."

"If they had thing to fell from their regulator, there's a existent problem. If they didn't, their [lack of] co-operation is itself a problem," helium said.

He added it's "deeply troublesome" for the household to conflict done tribunal proceedings for years to get accusation NSIRA should person had from the start.

The RCMP did not respond to a CBC News request for remark by deadline.

NSIRA would not remark further connected its review, saying each investigations "must beryllium held successful private."