After a three-week hiatus from court, Hassan Diab walked into the Ontario Superior Court of Justice early Feb. 9 with a throng of supporters.
Thirty to 40 people gathered in front of the Elgin Street courthouse half an hour before his hearing, some holding up a sign that read, "Justice for Hassan Diab." Many then accompanied him in, in a show of solidarity.
"I came today because I feel that the process of extradition that is taking place today is very politicized and it doesn't do justice to [Diab] or to the people of Canada," said Hassan Husseini, who said he came to encourage Diab.
A former lecturer at both Carleton and the University of Ottawa, Diab is accused of the 1980 bombing of a synagogue in Paris, France, that left four dead and dozens injured. The French government has been seeking his extradition since November 2008.
However, Diab insists this is a case of mistaken identity.
His supporters say that if he wins his case, a landmark precedent will be set for Canadian extradition law. Under Canada's current extradition treaty with France, evidence advanced by the French government is considered reliable. However, a victory would mean challenging that assumption.
"This is an extradition case that turns entirely on expert evidence," said Donald Bayne, Diab's lawyer, during the Feb. 9th hearing. "The question is, would it be dangerous to convict [Diab] on...confusing evidence and black, biased observations? That is the ultimate test here."
Both the prosecution and the French embassy declined to comment.
Peter Gose, the head of Carleton's sociology and anthropology department and Diab's former supervisor, said this extradition hearing was already unusual because it has continued for more than a year. He said most extradition hearings take one to three days.
The defence was also allowed to introduce its own experts, he said, a practice that is unheard of in Canadian extradition law.
"[The French] know he's innocent. But I think they're doing this because they've invested too much into it," Gose said. "It's hard to change courses when you've committed to prosecuting someone for terrorist acts in this political climate."
But not all of Diab's supporters are as confident. Donald Pratt, a member of the Hassan Diab Support Committee and a long-time friend from college, said he was not sure about the outcome of the case, nor what would happen if Diab was forced to stand trial in France.
"[The French] have some pretty strange rules, like allowing intelligence to be used as evidence without any sourcing," he said. "If [Diab] is extradited, his chances in France are very poor."
Still, Diab's extradition hearing may finally be in the home stretch. Gose said Judge Robert Maranger may hand down his decision March 11. However, the judge could delay his findings until November.
"We are optimistic about a victory at this stage, [and] it'll be a miracle if we win," Gose said.