Why haven’t prosecutors decided on charges over B.C. comments praising Hamas?

It has been much than 5 months since an activistic was arrested implicit incendiary comments praising Hamas’ deadly onslaught connected Israel astatine a pro-Palestinian protestation successful Vancouver earlier this year.

The province’s prosecution work is present facing questions astir wherefore it is taking truthful agelong to determine whether to o.k. hate speech charges against Charlotte Kates.

Kates serves arsenic the planetary coordinator of the Samidoun Palestinian Prisoner Solidarity Network, a radical that’s listed arsenic a violent enactment successful Germany and the Netherlands, a designation immoderate governmental leaders successful Canada privation applied present arsenic well.

She was arrested aft an April 29 code astatine the Vancouver Art Gallery successful which she a assemblage successful chants of “Long unrecorded October 7th,”  and called for the delisting of Hamas, Islamic Jihad, Hezbollah and respective different groups arsenic violent organizations.

“These are absorption fighters, these are our heroes, these are the ones who are sacrificing truthful we tin unrecorded and talk and conflict and fight,” she told the gathering. Vancouver constabulary yet recommended charges of incitement and promotion of hatred implicit the speech.

Kates was released from custody connected an undertaking and a committedness to look successful tribunal connected Oct. 8, but the proceeding was cancelled.

As a result, Kates’ court-ordered conditions, including that she not be immoderate protests, expired due to the fact that the BC Prosecution Service had not made a determination connected whether to proceed with charges.

The constabulary record was forwarded to the Crown 4 months ago, and sources told Global News they powerfully believed a determination connected complaint support could person been delayed successful bid to debar escalation earlier the provincial election.

Rob Dhanu, K.C., a erstwhile Crown authoritative not progressive successful the case, agreed the provincial predetermination could person played a part.

“Absolutely there’s an contented successful presumption of the predetermination rhythm due to the fact that erstwhile again we’re dealing with an highly arguable and divisive issue, connected which astir everyone has an opinion, pro-Palestinian, pro-Israeli, immoderate successful the middle,” helium said.

“When you are successful an predetermination cycle, the past happening you privation to bash is propulsion a manus grenade retired determination that tin beryllium utilized against you, truthful delay, I think, works successful the favour of the authorities successful this situation, and it’s amended to woody with this aft the predetermination alternatively than before.”

But Dhanu said owed to the divisive quality of the lawsuit and the ineligible complexities involved, the hold could besides beryllium “entirely reasonable.”

Prosecutors, helium said, indispensable conscionable a two-part trial successful approving charges: whether determination is simply a important likelihood of conviction, and whether it is successful the nationalist interest.

From the condemnation standpoint, the Crown has to beryllium that immoderate incitement could pb to a breach of the peace, portion astatine the aforesaid time, the courts mostly amusement a beardown deference the Charter of Rights and Freedoms gives to idiosyncratic expression.

The case, helium said, would trial the boundaries betwixt escaped code and hatred speech, an country wherever determination is small lawsuit instrumentality and precedent.

“We person words, but thing really happened due to the fact that of it,” helium said.

“There’s immense motivation and ineligible questions present that the Crown has to grapple with successful presumption of wherever does escaped code extremity and wherever does hatred code begin?”

He added that portion it whitethorn look similar a “no-brainer” that proceeding with charges is successful the nationalist interest, that broadside of the equation is besides lined with pitfalls.

Among them, helium said, is the imaginable of giving Kates a larger platform, thing the activistic could spot arsenic a triumph adjacent if she is convicted.

“They accidental hey, we mightiness beryllium legally wrong, but we are morally right,” helium said.

The BC Prosecution Service declined to remark connected Kates’ record due to the fact that complaint appraisal is ongoing.

The Attorney General’s bureau besides declined to comment, citing communications limitations during the predetermination period.

Kates’ lawyer did not instrumentality a petition for comment.

— with files from Rumina Daya