Closing arguments were heard Wednesday in the trial of a Windsor man.
Seth Bertrand, 22, pleaded not guilty to a single charge of participating in a terrorist organization.
Bertrand is accused of applying online to join the Atomwaffen Division (AWD) between February and May 2021 with the intention of furthering their cause.
AWD was added to Canada’s list of known terrorist entities in in February 2021.
In statements to the RCMP – both in custody and in an undercover operation – Bertrand admitted he was interested in the group for their belief in “doing things” to support “white supremacy”.
Windsor mischief offences
Court also learned during the trial last fall, Bertrand bragged in the AWD application about the actions he had recently taken against a same-sex couple and a local transgender support office in Windsor, Ont.
Bertrand admitted in a separate court proceeding he vandalised the couple’s car, threw a brick at their home and left a note on their front porch that read “Atomwaffen knows who you are.”
He also admitted in court to throwing an automotive clutch through the front door of the WE-Trans support office.
The mischief offences occurred at the exact same time as his application to the AWD.
‘The hate is obvious’
“Just because they hold an ideology, we find deplorable, ideology the government more importantly finds deplorable does not mean they are more likely to jump from political action to violence,” defence lawyer Bobby Russon argued Wednesday.
“He’s an idiot. Not a terrorist.” Russon said.
Russon said the RCMP rightly investigated Bertrand after they learned of the Windsor mischief charges.
However, the defence says Bertrand only referenced things he had done, and materials he had read but never offered to take any specific actions on behalf of AWD.
Court learned as well Bertrand never actually did anything on the group’s behalf.
“The hate is obvious,” Russon concluded. “The will to commit a terrorist act is not.”
Bertrand also told the RCMP during their official statement he wasn’t interested “in that stuff” anymore.
Passage of time not a defence
Prosecutor Xenia Proestos argued it doesn’t matter that Bertrand’s beliefs have allegedly changed, five years after applying to join the AWD.
“That is not a defence to the actions they are charged with,” Proestos said.
She reminded the judge Bertrand was very clear in his application when he wrote “I promise all my loyalty to you.”
Bertrand, according to the prosecution, isn’t on trial for joining the AWD specifically but for offering his ‘skills’ and background in the military.
According to Proestos, the AWD has “disbanded” because of “all the arrests” by the RCMP in recent years.
Proestos says they now refer to themselves as the NSO – Nationalist Socialist Order.
“In applying to join the group, he (Bertrand) uses both names interchangeably,” she said.
Decision will take months
Justice Maria Carroccia said she would need some time to consider her decision.
When accounting for upcoming and unrelated trail obligations for the judge and all lawyers, Bertrand will learn the courts judgment on Aug. 7.
Timeline of events
Feb. 3, 2021: Public Safety Canada adds Atomwaffen Division to list of known terrorist entities
Feb. 21, 2021: During class time, Bertrand uses school-issued computer to fill out an ‘application’ to join Atomwaffen Division
Feb. 22, 2021: WE Trans Support office vandalised
May 25, 2021: Bertrand charged with various acts of mischief against a local gay couple
May 5, 2022: Arrested & charged with “participating in or contributing to, directly or indirectly, any activity of a terrorist group”
Aug. 18, 2023: Bertrand pleads guilty to inciting hate and mischief against Windsor LGBTQ+ community, sentenced to five months house arrest
Oct. 1, 2024: Superior court trial begins
Nov. 18, 2024: Trial resumes
Feb. 2025: Defence tries to have case thrown out and loses
Apr. 9, 2025: Closing arguments
Aug. 7, 2025: Scheduled date for judgment
