Is it enough to “explore, research or initiate” a plot to derail a Via rail train heading from New York to Toronto or “is it necessary to find beyond a reasonable doubt an intention to carry the train plot to fruition?”

This is the question on the minds of 12 jurors after seven days considering whether Chiheb Esseghaier and Raed Jaser are terrorists, guilty of conspiring to derail a train and murder dozens of people.

Intent is one of the key elements that must be established to find an individual guilty of conspiring to commit an offence, according to Justice Michael Code’s charge to the jury.

In their question submitted Tuesday evening, the jury requested some clarification and examples around this area of law.

On Wednesday morning, Code explained to the jury that simply exploring, researching or introducing the idea of a “train plot” for discussion would not be sufficient to establish intent in law.

There must be intent to put into effect the specified offence – such as derailing a train, he said.

However, he noted that the intent to pursue the “train plot” need only be formed when the conspirators agreed to commit the offence. Any subsequent change in intention does not negate the intent already formed, he said.

Jaser faces four terrorism-related charges, Esseghaier five, including conspiring to damage transportation property with the intent to endanger safety, conspiring to commit murder and participating in or contributing to the activity of a terrorist group.

Both men entered pleas of not guilty to all charges.

More than 25 hours of conversations secretly recorded by an undercover FBI agent going by the alias Tamer El Noury and played to jury during the six-week trial capture Jaser and Esseghaier discussing violent and extremist views and plans to kill Canadians, in particular causing a train derailment.

In September 2012, the jury heard, the three men went on a trip to visit the Highland Creek railway bridge in Scarborough, a possible target.

Jaser’s lawyer has argued Jaser was trying to scam El Noury and Esseghaier for money and never truly agreed to the plot.

Esseghaier is representing himself and has refused to participate in the trial since he will only be tried by the laws of the Quran not the Criminal Code.