A sentencing hearing took place on Monday for a Windsorite convicted of participation in terrorist organization.
Seth Bertrand, now 23, was convicted in August 2025 of participating in terrorism by applying to join the Atomwaffen Division (AWD)/National Socialist Order (NSO).
Justice Maria Carroccia found Bertrand’s emails – sent in Feb. 2021 offering his expertise and interest in the group – met the requirement for participation in a terrorist organization.
“The accused espoused the ideology that was antisemitic, anti-Black, and anti-LGBTQ,” the judge said in her judgment. “He indicates in the application that he filed to join AWD/NSO that he wants to be a part of a group that is doing things.”
Defence trying to avoid jail
At a sentencing hearing Monday, defence lawyer Gabrielle Gibbs asked the judge for a suspended sentence of three years under “strict probation”.
The defence says Bertrand’s’ offences – sending three emails – amounts to two hours “at most” of criminality.
Gibbs reminded the judge Bertrand did not receive any direction, take any action or accept any resources from the terrorist groups.
“The conduct of Mr. Bertrand reflects a period of extreme immaturity and vulnerability rather than someone who’s entrenched in ideological commitment,” Gibbs told the judge.
Gibbs said the offences were committed during the COVID-19 pandemic and in the wake of the breakdown of a relationship.
“Mr. Bertrand described himself as being in a vulnerable, emotional state and searching for belonging,” Gibbs said. “Circumstances that made him susceptible to radicalization.”
Gibbs said Bertrand grew up in “disjointed home” after his parents divorced and he suffered from bullying in high school.
She said he felt like “an outsider” who “struggled to belong”.
Since his arrest on the terrorism charge, Bertrand pleaded guilty to mischief for vandalising a transgender support office and harassing a same-sex couple in Windsor.
He completed a house arrest sentence in 2022.
In the last five years, Gibbs says Bertrand has “since distanced himself from those beliefs and has disengaged from the individuals who influenced him at that time.”
The defence says Bertrand has a strong network of support from his family.
In his presentence report, a parole officer said Bertrand is “low to moderate” risk to reoffend.
If the judge agrees with a suspended sentence, Bertrand would live under house arrest with court-ordered requirements including counselling or therapy.
However, Gibbs told CTV News, if Bertrand breaches any part of the sentence, he would be brought back to court and he would be re-sentenced by the judge.
Justice Carroccia pressed the defence for a preferable term in custody, if she doesn’t believe a suspended sentence is appropriate.
The defence believes six months in jail would be sufficient to meet the principles of denunciation and deterrence.
Prosecutor asks for prison sentence
Federal prosecutor Xenia Proestos asked for a prison term of three years for Bertrand.
While admitting participation in a terrorist group isn’t “the most serious”, it does still warrant a serious sentence, Proestos argued.
“His moral blameworthiness is high,” Proestos told the court. ”He was a committed white supremacist for a prolonged period of time. This was not a fleeting thought.”
Proestos reminded the court at the time of the emails, Bertrand had already “caused significant harm to the community”, by vandalising the transgender support office and he was actively harassing a same-sex couple.
Bertrand admitted to vandalising their vehicle and throwing a brick at their home with a threatening message taped to it.
Bertrand, court learned, used those offences and the subsequent media coverage, as examples of what he was willing to do for the “cause”.
“Mr. Bertrand said he wanted to help start a race war. The fact he never received a response to his email was nothing other than fortuitous for public safety,” Proestos argued.
Proestos says a parole officer “expressed concern” in his presentence report because of Bertrands’ “lack of insight and continued misogynistic views”.
She was also critical of Bertrand for not taking any meaningful steps to rehabilitate his thinking.
Court learned Bertrand also admitted in a psychological assessment “he’s pansexual and now supportive of the LGBTQ community,” according to Proestos.
She doesn’t believe Bertrands’ case is “exceptional” enough to warrant a suspended sentence, arguing it wouldn’t take into account “the community’s sense of moral outrage” for terrorism offences.
Bertrand apology
Bertrand spoke to the judge Monday, to conclude the sentencing hearing.
Here is his statement:
“Your Honour, I understand what I have done. I regret everything. If I could go back, I would. I deeply apologize for the fear that I may have spread and for the people that I have hurt,” Bertrand told the judge.
Justice Carroccia has reserved her judgment until May 20.