A B.C. man who says wearing a pirate tricorn hat or a colander is part of his religion has been denied a request to wear the attire in a photograph for his security guard licence.
The decision, handed down by the province’s Ombudsman in a June review, comes as the latest in a long line of failed legal and regulatory challenges brought by Gary Smith, also known as Dread Pyrate Higgs and head of the B.C. Church of the Flying Spaghetti Monster.
“Nothing interferes with the taking of the photo,” Smith said. “Nothing interferes with the facial recognition technology. Stop this. Cease and desist.”
“It seems so absolutely absurd that so much time and resources and staff power is being spent to stop some little guy like me (from) wearing a tricorn to express his religious views.”
Smith has previously taken his fight to wear a pirate hat in official photos to ICBC, the province’s Human Rights Tribunal and the Supreme Court of B.C.
ICBC continues to resist his efforts for headwear on his drivers licence, despite Smith’s claims government agencies continue to discriminate against him.
The latest challenge centred on the man’s attempt to bring his argument of religious freedom to the Security Programs Division (SPD) of the Ministry of Public Safety and Solicitor General. When his bid to wear a pirate hat for his security guard ID failed, Smith took his case to B.C.’s Ombudsperson.
The office of the Ombudsperson of British Columbia investigates complaints from members of the public about the administration of government programs and services. Another part of its job is to investigate allegations of wrongdoing and reprisal brought forward by current and former provincial government employees.
In April, Ombudsperson officer Irene McGee cited the 2019 decision from the B.C. Human Rights Tribunal in response to Smith's complaint that ICBC was refusing him a religious exemption.
“You are a Pastafarian and member of the Church of the Flying Spaghetti Monster which mocks religious beliefs and certain religious practices," the tribunal told Smith.
B.C. Supreme Court Justice Gary Weatherill upheld the tribunal's decision in 2021. The judge did note some of Smith’s comments offered “a degree of intellectual and thought-provoking insight.”
In its initial decision, the Ombudsperson officer pointed to the tribunal’s decision that Smith’s case did not meet the definition of religion set out in a 2004 decision from the Supreme Court of Canada. That ruling stated freedom of religion involves sincerely believing or “sincerely undertaking in order to connect with the divine or as a function of his or her spiritual faith.”
But Smith said focusing on that part of the ruling fails to place emphasis on another section that says the state should not become “the arbiter of religious dogma.”
In her latest review of Smith’s case, McGee once again looked at Smith’s arguments but said she found no administrative unfairness by her office.
The officer said the previous decisions on ICBC’s refusal to offer Smith an exemption is “defensible on the facts and law.” In closing Smith's complaint, McGee said the material facts are the same in the complaint surrounding the security guard ID photo.
“To clarify, our office takes no position regarding the sincerity of your personal Pastafarian practices,” McGee said.
