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UPDATE:Richard Henry Bain was found guilty of second-degree murder along with three counts of attempted murder on Tuesday, Aug. 23, after 11 days of deliberations by the jury.

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On election night 2012, Richard Bain opened fire on a group of people he believed were Parti Québécois supporters, killing one man and severely injuring another, as premier-designate Pauline Marois gave her victory speech inside the Metropolis nightclub.

At the time, Bain seemed to claim responsibility on behalf of all disgruntled anglophones.

“The English are waking up!” he cried upon his arrest.

Then in a variety of Facebook posts, jailhouse interviews and letters, he spoke alternately about his “vision” for a separate Montreal — his mission from God — and how he wanted to kill as many separatists as possible.

So why didn’t the charges against him include terrorism?

Photo by Montreal courthouse / Montreal Gazette

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Section 83.01 of the Criminal Code of Canada defines terrorism as an act committed “in whole or in part for a political, religious or ideological purpose, objective or cause and … with the intention of intimidating the public … with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act … that intentionally …causes death or serious bodily harm to a person by the use of violence …endangers a person’s life …”