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Photo by Michael Peake/Toronto Sun/Postmedia Network

In other words, the defence is arguing that Ali did commit attempted murder, assault and weapons offences — for which he should be found not criminally responsible — but the crimes were not committed with any relation to a terror group.

“Terrorism is such a loaded term and connotes a level of dangerousness that … we worry that if he is in the system as not criminally responsible for terrorism, it might unfairly affect how he is treated,” defence Nader Hasan said in an interview.

“More fundamentally though, he’s not a terrorist, he’s someone who is ill, and so this process and the ultimate disposition ought to reflect that reality and ultimately what we want is that he is treated as someone who is mentally ill who needs to get better.”

The Crown, however, wants Ali to be found not criminally responsible for the terror offences, defence documents show. Prosecutors are expected to make their case and call witnesses in court later this week.

Terrorism is such a loaded term and connotes a level of dangerousness that ... we worry that if he is in the system as not criminally responsible for terrorism, it might unfairly affect how he is treated

Hasan said Ali would be in custody at a secure treatment facility whether he is found not criminally responsible on the terror charges or the lesser included offences.

Finding someone not criminally responsible acknowledges that the person committed the crime they are accused of but, as a result of a mental disorder, they were incapable at the time of appreciating that their actions could cause harm, or were unacceptable by societal standards, Ali’s lawyers explained in their arguments.