Windsor man 'an idiot, not a terrorist,' defence argues as terrorism trial ends

Article content

A young Windsor man may have expressed hateful, deplorable views and tried to join a violent and banned neo-Nazi group, but that doesn’t make him a terrorist, his defence lawyer argued Wednesday during closing arguments following a months-long trial.

Seth Bertrand, 22, was charged in 2022 with participating in the activity of a terrorist group following an undercover police operation led by the RCMP.

Recommended Videos

We apologize, but this video has failed to load.

Try refreshing your browser, or
tap here to see other videos from our team.

Windsor man 'an idiot, not a terrorist,' defence argues as terrorism trial ends Back to video

We apologize, but this video has failed to load.

Try refreshing your browser, or
tap here to see other videos from our team.

Play Video

Bertrand is alleged by the prosecution of having attempted to join and offer his skills to the Atomwaffen Division (AWD), aka National Socialist Order, a white supremacist organization designated a terrorist entity by the federal government in February 2021. 

“His interest in this nonsense is fledgling,” said his lawyer Bobby Russon during closing arguments before Superior Court Justice Maria Carroccia.

“He’s a fanboy of this gibberish … most of which is extremely harmful and hateful. His knowledge is extremely limited.”

But the Crown argued in its own concluding remarks that Bertrand is guilty of a serious crime, by pledging his loyalty and willingness to act for a listed terrorist group.

Federal prosecutor Xenia Proestos pointed to Bertrand’s own words in his application to a group known to engage in violence: “‘I promise all my loyalty to you.’

“When someone tells a terrorist group they want nothing more than to join the group, offer their military training, their mechanic skills, their undivided loyalty … there is no room to doubt that they are trying to help the group carry out the terrorist activity.”

It’s not the pledge itself that’s on trial, said Proestos, but the offer by Bertrand, a former military cadet, to provide a “skill” and military experience.

“It’s an offence … even if no terrorist activity was actually carried out and even if Bertrand didn’t know precisely how those skills would assist the group.”

While Bertrand did apply online to join the Atomwaffen Division — he was 18 at the time — Russon argued his client was not aware the group had only been listed as a terrorist entity by Canada shortly prior to his attempt to join. 

“He’s an idiot, not a terrorist,” said Russon, describing Bertrand as a young man drawn to extremist content but lacking the intent or capacity to act on it.

The prosecution brought up Bertrand’s past that included a string of unsettling incidents in Windsor targeting a gay couple’s home and the Trans Wellness Ontario office in 2021 at around the same time he filled in an application to join Atomwaffen.

Bertrand pleaded guilty in 2022 to three counts of mischief in connection to those attacks and was sentenced to five months house arrest.

“The hate is there,” Russon said, adding that the RCMP rightly investigated Bertrand after learning of the charges.

“He’s convicted of hate crimes … the hate is obvious. The willingness to commit a terrorist act is not.”

In seeking to join the far-right extremist group, Bertrand referenced things he had done and materials he had read, but never offered to take any specific actions on behalf of the group, Russon argued.

“He knew some stuff, sure,” Russon said. “He had some idea, but he didn’t get it. He didn’t understand all these things.”

Following this week’s arguments closing a trial that began last fall, Justice Carroccia said she needed time to consider Bertrand’s guilt or innocence. Her decision in the case is scheduled for Aug. 7.

Under Canada’s Anti-Terrorism Act of 2001, conviction on the rarely laid Criminal Code charge of “participation in the activity of a terrorist group” can result in imprisonment of up to 10 years.

mholmeshill@postmedia.com