The crown is falling, the crown is falling.

Well, well, the Toronto 18 have now been stayed down to 15 and the clock is still running. I was extraordinary suspicious of the Crown’s charges against the 18 Toronto residents who where charged with terror related offences and blogged my doubts from the beginning of the Crown media frenzy at their arrest.

Nothing from the little bits and pieces I have learned since has convinced me that my initial gut instinct was in error. Yesterday, a provincial court justice stayed the charges for two more suspects in what was the single largest cell terror arrest within the international community. The Toronto Star:

Terror-related charges against two more of the youths arrested last summer in a massive police sweep were stayed in court today, after each signed a peace bond agreeing to abide by various restrictions for up to one year.

“It’s finally done,” said one of the teens after signing the peace bond at the Brampton courthouse. “I can’t describe in words how (the past year) was,” said the 18-year-old who’s been under house arrest for nearly a year and says he has suffered from anxiety, depression and insomnia. “But what counts is (the Crown) realized their mistake. They arrested too many people at the same time … This shows they cared. They looked into the case properly.”

The stay in proceedings against the youths, now aged 18 and 19, marks another setback in the government's landmark case. The Crown refused to comment after the court proceedings. At stake is the reputation of Canada's spy service and federal police force, particularly since news of the alleged home-grown terrorism cell garnered international headlines when 14 adults and four youths were charged. The alleged cell was accused of plotting to bomb various targets in Ontario. The youths were charged with participating in a terrorist group for the purpose of carrying out terrorist acts.

Today marks the first time anyone has signed a peace bond for a terrorist-related offence.

A peace bond allows the court to impose strict conditions on an individual because it deems there are reasonable grounds to believe a terror-related offence will be committed. It has been lauded by some as a necessary tool in fighting terrorism and lambasted by others who argue it restrains civil liberties on mere suspicion. Peace bonds are routinely agreed to by accused as a means of convincing the Crown to withdraw or stay charges, which avoids the risks of a trial.

Here’s the real deal. A preliminary hearing was held wherein the Crown presented its case. It was extraordinary weak and agreed to stay the charges providing the youths promised to keep the peace for one year. The odds were better than ever fifty-fifty, if the matter was brought to trial, the Crown would loose lock, stock and barrel. Oh, and peace bonds are used all the time in dubious criminal matters. If they haven't been used before in terror related charges it probably has more to do with how infrequently anyone in Canada is charged with a terrorism offence.

At this point, if the Crown actually manages to bring in a conviction against anyone of the remaining Toronto 15, I think I will be surprised. I suspect the only way a conviction will be had in this matter - is if anyone of the Toronto 15 lose their nerve and agrees to plea just to end the uncertainty of living under charges.

One of the real shames of the proceedings is that the Crown has insisted both the youth and adult hearings and trials for the Toronto 18 be conducted under a publication ban. Canadians deserve to see for themselves how badly the public interest is being served.