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Three men accused of facilitating terrorism in Quebec will be sent to trial after the federal Crown prosecutor’s office filed a direct indictment on Nov. 7, along with new charges.
The move effectively bypasses a preliminary inquiry requested by the men’s lawyers in September.
Filed with authorization of the attorney general of Canada or deputy attorney general, the indictment means the case will now be sent to Superior Court, where a trial could take place in 2026.
In July, the RCMP charged four men, including two active members of the Canadian Armed Forces (CAF), with being part of an alleged anti-government plot to forcibly take over land in the Quebec City region
Police called the plot an act of “ideologically motivated violent extremism.”
Alongside weapons charges, three of the men — Marc-Aurèle Chabot, 24, Simon Angers-Audet, 24, and Raphaël Lagacé, 25 — have been charged with the serious offence of facilitating a terrorist activity.
They were denied bail in August.
Chabot, who has been described in court documents as the de facto leader of the group, has now been additionally charged with instructing individuals to engage in activities for a terrorist group, an offense punishable by life imprisonment.
Between June 2021 and January 2024, the federal prosecutor’s office says Chabot directly or indirectly “knowingly instructed” Angers-Audet, Lagacé or others tied to an alleged anti-government group of current and former military members called Hide & Stalk to engage in an activity for the benefit or at the direction of a terrorist group.
Chabot, Angers-Audet and Lagacé are also facing a new charge of using or possessing property for terrorist purposes.
What’s a direct indictment?
In September, three of the four men opted for a jury trial.
Their lawyers also requested a preliminary inquiry that was scheduled to take place for two weeks in January, during which a judge would determine whether there is enough evidence to send the case to trial.
But a direct indictment changes things, explained Noah Weisbord, a professor of criminal law at McGill University. He says it’s a strategy sometimes used by the Crown in cases involving terrorism or major organized crime.
“It’s relatively rarely used,” he said.
It allows the Crown to add additional charges, move to a trial quickly and also better manage “disclosure problems” — including protecting sensitive evidence and witnesses, he says.
“They’ll replace the preliminary inquiry which can take place in provincial court and go straight to the Superior Court where they can start the case,” he said.
As a response, the defense can question the constitutionality of the indictment, says Weisbord, but it “almost never works.”
A fourth individual, Matthew Forbes, 33, of Pont-Rouge, Que., faces charges including possession of firearms, prohibited devices and explosives, and possession of controlled items.
He also faces charges related to the Explosives Act and Defence Production Act, which regulates access to military supplies.
Forbes was granted bail on strict conditions.
Both Chabot and Forbes were active members of the military from Canadian Forces Base Valcartier, near Quebec City, at the time the four men were arrested on July 8.
