A judge has ordered the contents of at least one of two computers that were used by the spouse of an Ottawa man accused in a deadly terrorist bombing be sent to investigators in France.
While the search and seizure of the computers was “admittedly borderline”, Ontario Superior Court Justice Robert Maranger ruled that the RCMP did not violate Rania Tfaily’s Charter rights when they seized them from her home and office last November.
The computers are being sought by French investigators who are seeking to have her common law spouse, Hassan Diab, extradited to France to face murder and other charges in connection with the 1980 bombing of a Paris synagogue that killed four and injured dozens more.
Maranger initially ordered that “mirror images” of both hard drives be sent to France, but temporarily restricted his decision to the office computer after Tfaily’s lawyer, Rod Sellar, argued that Diab had standing in relation to a laptop computer found in the Dynes Road condominium he shared with Tfaily.
If Diab has standing in relation to the laptop computer, he is entitled to argue why it shouldn’t be sent to France and potentially be used in the prosecution against him. Both computers are owned by Carleton University, where Tfaily is a professor and Diab used to teach.
Sellar had previously argued the RCMP were on a “fishing expedition” when they seized the two computers and had violated Tfaily’s rights protecting her from unreasonable search and seizure.
Maranger is expected to review his previous ruling and then decide on whether the second computer can be sent to France on Oct. 15.