The Vancouver Police Department says it is investigating the actions and statements of pro-Hamas protesters in downtown Monday night, on the anniversary of the unprecedented terrorist attack by Hamas in Israel on Oct. 7, 2023.
Online accounts posted on X.com show video of protesters burning Canadian flags while one person shouted on a megaphone “We are Hamas” and “We are Hezbollah” in reference to two listed terrorist organizations by the Canadian government.
The protest was co-organized by pro-Hamas group Samidoun Palestinian Prisoner Solidarity Network, a non-profit group under the current federal government.
“Recent protests marking the October 7 anniversary of the Hamas attacks on Israel have included acts that many in our community find intolerable, offensive, and unsafe,” stated the department on X on Oct. 8.
“These acts include people burning a Canadian flag, making inflammatory comments about various nations, including our own, and expressing solidarity with terrorist groups. Burning materials in any crowded place could damage property or endanger others, and anyone who breaks the law is subject to arrest and charges.
“We have heard from community members, and others, who are deeply offended. We are conducting an investigation into the actions of protesters to determine if criminal offences occurred,” the department stated, adding it is aware of Charter rights to express oneself politically.
Publicly celebrating the acts of Hamas has tested public and institutional debate of what constitutes a hate crime.
Vancouver police have alleged Vancouver-based Samidoun director Charlotte Kates committed public incitement of hatred and wilful promotion of hatred for calling the Oct. 7 attack “heroic and brave,” among other language that praised it, during a protest on April 26 at the Vancouver Art Gallery.
Kates was arrested April 29 and swore an undertaking not to participate in protests until an Oct. 8 court date, according to the BC Civil Liberties Association, which expressed concern over Kates’ civil liberties, including her right to political speech.
Meantime, while Kates has been sidelined from Vancouver protests, until today, Samidoun reported Kates “was one of several international figures honoured with the 8th annual Islamic Human Rights and Human Dignity Award in Tehran, Iran,” on Aug. 4.
Crown counsel is still assessing the charge recommendation and Kates’ undertaking has expired.
The BC Prosecution Service announced Feb. 16, 2024 changes to hate crime policy.
“Changes to the policy include: defining ‘hate crimes’ for the purposes of the policy to include any of the following prohibited acts:
• hate propaganda offences: advocating or promoting genocide, public incitement of hatred, wilful promotion of hatred, and wilful promotion of antisemitism.
• conversion therapy offences.
• mischief to property of an identifiable group motivated by bias, prejudice, or hate.
• any Criminal Code offence motivated by bias, prejudice, or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor.”
The service also amended unspecified “specific advice on five new Criminal Code hate crime offences (wilful promotion of antisemitism and four conversion therapy offences).”
