A man accused of plotting to derail a train from New York to Toronto has criticised Canada’s Criminal Code because it is “written by humans”.

Chiheb Esseghaier, 31, was arrested on 22 April 2013 and charged with conspiring to derail the passenger train.

While co-accused Raed Jaser sat quietly during proceedings on Wednesday, Esseghaier went off topic and took aim at Canada’s legal system.

“The Criminal Code is a book written by humans,” Esseghaier said, during what was intended as a brief court appearance. “We are putting the laws of God behind our back and we are following the laws of humans.”

In attacking the country for allowing same-sex couples the right to marry, Esseghaier, noted that marriages do not take place between animals of the same sex.

He said: “Donkey males marry only donkey females.” (NB. PinkNews notes that while around 1,500 species show signs of same-sex relationships, it is uncommon for any animals to marry their partners, opposite-sex or not.)

Superior Court Judge John McMahon interrupted the accused, to which Esseghaier objected strongly, but was then seated.

The accused has refused to seek counsel since no lawyer will represent him based on the Qu’ran.

The two men are expected to appear in court again on 21 February.