[3][4] Suspects Chiheb Esseghaier, a Tunisian national, and Raed Jaser, a Palestinian, were arrested on 22 April 2013 by the RCMP and subsequently charged by the Crown in connection with the plot.
In an op-ed published in the Toronto Star, Kutty cited this as evidence that the Muslim community, while critical of rights abuses, is concerned about Canada's security as well.
The Crown filed special terrorism-related charges against both, with the consent on behalf of the Attorney General of Canada, as required by section 83.24 of the Criminal Code.
[21] Canadian and American intelligence experts have linked the plot to involvement by Al-Qaeda elements (possibly Jundallah) based around the Iran–Pakistan barrier.
[28][29] Esseghaier is believed to have been "radicalized" through contact with Ahmed Abassi, a 26-year-old Tunisian also arrested in connection with the plot by the U.S. Federal Bureau of Investigation in New York on 22 April.
The family travelled on forged French passports and applied for asylum after arrival, with Jaser included as a dependent minor.
Their application was denied in 1997, although his remaining family members successfully applied for deferral of their removal orders and have become Canadian citizens by 2004.
Other claims pertinent to his hearing included that he had been harassed by anti-immigrant groups while living in Germany, where the family also applied for asylum before arriving in Canada.
[36][37] The IRB refused the government's request to keep him in immigration detention on the ground that his risk of not showing up for trials was low and his uncle had posted his bail.
[42] Chiheb Esseghaier and Raed Jaser were charged on 23 April 2013 by the Crown under special consent of the Attorney General of Canada, pursuant to section 83.24 of the Criminal Code.
Chiheb ESSEGHAIER and Raed JASER, between April 1st 2012 and September 25th, 2012, in the City of Toronto, in the Province of Ontario, and in the City of Montreal, in the Province of Quebec, and elsewhere, did conspire, the one with the other, to interfere with transportation facilities contrary to section 248 of the Criminal Code of Canada,[44] for the benefit of, at the direction of, or in association with a terrorist group, thereby committing an offence contrary to section 83.2 of the Criminal Code of Canada.
Chiheb ESSEGHAIER and Raed JASER, between April 1st, 2012 and September 25th, 2012, in the City of Toronto, in the Province of Ontario and in the City of Montreal, in the Province of Quebec and elsewhere, did conspire, the one with the other, to murder persons unknown contrary to section 235(1) of the Criminal Code of Canada,[46] for the benefit of, at the direction of, or in association with a terrorist group, thereby committing an offence contrary to section 83.2 of the Criminal Code of Canada.
"[52] However, Canadian official James Malizia stated the perpetrators had received "direction and guidance" from "Al Qaeda elements" within Iran.
[53] Representatives of Via Rail have assured the public that at no time were passengers in danger, as the plot was foiled before the men could put it into action.
The judge noted that neither had accepted responsibility for their offences or renounced their violent, racist, extremist beliefs, and expressed doubt on their rehabilitation prospects.
[55] In August 2019, the Ontario Court of Appeal ordered a new trial for Jaser on grounds the jury that convicted him was improperly chosen because the preferred method of juror selection was not available to him, and extended the decision to Esseghaier, although the verdict was overturned by the Supreme Court of Canada in October 2020, which agreed with the Crown that the matter was technical and did not affect their rights to a fair trial.