Law sets high bar for hate crime charge, Kelowna police say

The use of offensive and disturbing speech does not necessarily equate to a hate crime, Kelowna police said Wednesday as they announced charges in connection with two Covid-related events that drew wide condemnation.

A woman has been charged under a rarely used section of the Criminal Code that prohibits the disruption of a solemn event. The charge stems from an incident at last year's Remembrance Day service in City Park. Linda Denise Jackson, born in 1965, has a court appearance set for May 19.

And a man has been charged with causing a disturbance outside a COVID -19 vaccination clinic last July at the Trinity church on Springfield Road. A widely shared video showed a man berating a security guard and telling him to leave Canada. Bruce Boyd Orydzuk has a court appearance set for May 26.

During a press briefing Wednesday at the Kelowna RCMP detachment, Supt. Adam Macintosh said the law sets a high standard for the laying of a charge under hate crimes legislation.

“Although a person can say something that would be offensive or reprehensible, that doesn't necessarily constitute the rise to where it would be a charge,” under hate crimes legislation, Macintosh said.

In a video filmed of the confrontation outside the vaccination clinic, a man is shown yelling at the security guard: “You're disgusting. Go back to India. We don't want you here. You're not a Canadian.”

Macintosh said the video clip was “difficult to watch.”

“But we do live in a free country where people can offer their opinions and thoughts, and we do have legislation around that. But it doesn't mean that something offensive is automatically hate speech,” Macintosh said.

At the Remembrance Day ceremony in City Park, there was a disturbance when a woman began denouncing the public health orders related to the pandemic.

“As many of us realize, we are in the midst of World War III,” the woman said. Boos and catcalls quickly erupted among onlookers, and a man with medals and ribbons on his chest strode up to her to try to take away the microphone.

Police said a few days after the event they were trying to determine if the incident violated Section 176 of the Criminal Code, which makes it an offence to wilfully disturb or interrupt a worship service or an event with a “moral, social, or benevolent purpose”.

That is the section under the Criminal Code with which the woman was charged.

On Wednesday, Macintosh repeated his November observation that such a charge was “pretty rare.” “I've never seen it, personally,” he said.

Police support an individual's right to protest, Macintosh said, but they have to carefully consider whether any relevant laws are broken during a demonstration.

“In this particular case, related to Remembrance Day, coming up and taking control of a mic as part of a ceremony is an element of an offence in the Criminal Code. And I believe that that met those elements,” he said. “The case to me was clear that it warranted investigation.”

Although a person can say something offensive ... that doesn't necessarily constitute the rise to ... a charge.