'Ideology' remains significant factor in Villalba-Aleman terrorism charge

Just as day five of the weeklong sentencing hearing for the University of Waterloo the attacker was wrapping up, Justice Frances Brennan and federal prosecutor Howard Piafsky had an intense exchange over the concept of ideology in relation to the terrorism charge.

In the Canadian criminal code definition, a terrorism act must satisfy three components.

• For a political, religious or ideological cause

• Committed with the intention of intimidating the public

• Intended to cause serious violence to people

Most of the arguments court heard have been over ideology and if the court can consider Villalba-Aleman’s broad collection of right-wing grievances as an ideology.

Several times Justice Brennan asked Piafsky to define Villalba-Aleman’s ideology.

“I’m concerned the definition you are asking me to adopt is so broad we will dilute what we mean by terrorist motivation,” said Justice Brennan.

The crown argues that the law does not require a tidy ideological view to be considered terrorism.

"This is exactly the type of activity we want this terrorist legislation to cover,” said federal prosecutor Howard Piafsky.

Telling the court its not the attackers’ beliefs that are an issue, it’s his actions, ““You can have all types of ideas, but you cannot act in a violent way to promote your ideas,” added Piafsky.

According to experts, this type of murky ideology in violent attacks is becoming more common.

“The director of the FBI told the US Senate in 2022, there's a kind of “salad bar” of ideology out there, especially on the far right, where individuals kind of pick and choose like a salad bar, which beliefs they're going to hold on to and that they're going to see as motivating.” Said Lorne Dawson, distinguished professor emeritus at the University of Waterloo.

Dawson, whose research is focused on terrorism and radicalization, says this type of attacker is different.

“They're not your classic terrorist, they don't belong to a group they haven't sworn allegiance to particular leaders, they haven't received instructions to do something,” said Dawson.

He says people radicalized online often have a unique collection of motivations.

“So it things become quite fuzzy and difficult, and you usually have to do it case by case.”

Dawson, however, appears to agree with the crown, being able to easily identify the ideology of the attacker is not critical.

“As soon as you fall into those components that you think your action has significance beyond your personal circumstance, and that it has a kind of political or intimidating component to it, it starts to look like terrorism,” says Dawson.

Justice Brennan set aside January 25, 2025 to deliver her decision.

If found guilty of terrorism Villalba-Aleman could serve as much as 16 years, if his crimes are not terrorism or found not to be hate motivated, the defense is recommending a sentence of six years.