John Norris, Ouzghar's lawyer, argues that even if Ouzghar was involved in forging a passport, that crime would have occurred in Canada, and should be prosecuted in Canada.[1] His extradition hearing was told how Zoheir Choulah's conviction in France showed a number of phone calls between Choulah and Ouzghar while the latter was living in Montreal.[6]
While facing extradition, Ouzghar became a computer technician.[6] During the raid on his house, a videotape was seized which was later said to "sing the praises of jihad".[7]
Justice Susan Himel, who took up responsibility for Ouzghar's case when an earlier judge bowed out due to ill-health, made a ruling on January 12, 2007, stating that "...there was insufficient evidence to show Ouzghar was a member of a terrorist group."[1]
However, the extradition battle with France continued, and in June 2009, Ouzghar was handed over to French authorities to begin his prison term for passport forgery.[8]