Daud v MCI 2008 FC 701 Organization engaging in terrorism

The Court upheld a decision that the MQM A had engaged in terrorism: 14] With respect to the related issue of whether the MQM-A, as an organization, engaged in acts of terrorism, the applicant submits that violence was not part of MQM-A’s objectives. While there is no legal requirement for evidence that the organization “sanctioned or approved” of the acts forming part of the s. 34(1)(f) analysis, the officer must assess whether there is enough evidence to establish that they were indeed sanctioned (Jalil v. Canada (Minister of Citizenship and Immigration), 2007 FC 568, [2007] F.C.J. No. 763 (QL), at para. 38). [15] The applicant submits that the officer could not conclude that MQM-A engaged in violence because it did not form part of the organization’s objectives. I disagree. This determination is a factual one, based on the documentary evidence which involves not only the statements of the leadership or an organization’s members but also their actions. The analysis does not lend itself well to a simple tally of members who openly support violent acts; however, at some point, the magnitude and frequency of violent tactics employed by the organization in question will make it difficult to classify the perpetrators as merely rogue members acting outside the will of the group.