Muslim Community Organizations Send A Letter To The Crown For The Protection of The Rights And Freedoms of All People After Charges Dropped in Hijab-Pulling Hate Crime

Thousands of people have seen the disturbing footage, which shows the person ripping off the woman’s hijab.

Absurdly, the Crown cited, among other things, the victim’s chanting for Palestinian freedom as a factor for their decision to withdraw.

Islamophobic violence and anti-Palestinian racism cannot be tolerated anywhere.

Victim blaming and vigilantism have no place in our criminal justice system.

Our justice system has a responsibility to investigate and prosecute cases motivated by hate.

Not to let them slide by without consequence.

See our asks. We need your support by sharing this letter far and wide with your circles, and tag your local MPP if you live in Ontario.

Open Letter Re: The Crowns Decision to Withdraw Lorna Bernbaum's Charges

We, representing hundreds of groups across Ontario and Canada, write to express our profound disappointment and outrage at the decision to withdraw the assault and harassment charges against Lorna Bernbaum, who violently attacked a Muslim woman, pulling off her hijab, during a demonstration in Ottawa on May 14, 2024. The shocking footage of the attack was publicly seen by thousands of Canadians.

The decision to withdraw Ms. Bernbaum's charges undermines the principles of justice and equality that our legal system is meant to uphold and raises significant concerns regarding public safety and the impartiality of Canada's legal system. The incident in question involved Ms, Bernbaum approaching Ms. Hayfa Abdelkhaleq and forcibly removing her hijab—a deeply personal and religious garment, while Ms, Abdelkhaleq as peacefully protesting, This act was not only a physical assault but also a targeted attack on Ms. Abdelkhaleq's religious freedom and dignity. Such behaviour is intolerable in a society that prides itself on multiculturalism and respect for individual rights.

We are particularly disturbed by the victim-blaming rationale provided by the Crown, who cited Ms. Abdelkhaleq's chant calling for freedom for the Palestinian people as a factor in the decision to withdraw the charge. Basing the decision to withdraw these charges because someone called for freedom is an egregious misapplication of the public interest test. More concerning is that this decision sends a chilling message suggesting that individuals protesting peacefully can be met with violence if others feel uncomfortable or offended by their message. This also unjustly shifts focus from the perpetrators violent actions to the victim's lawful expression.

The public interest is best served by holding individuals accountable for acts of violence, especially those motivated by religious or racial bias and particularly, violence against women, Failing to prosecute in this case - and just as important, the rationale presented -sets a dangerous precedent. Allowing such violence to go unaddressed risks emboldening further actions against individuals expressing dissent and peaceful criticism. The justice system must remain an impartial arbiter, protecting everyone’s right to protest without fear of retaliation.

We ask he Crown to immediately remedy the situation by:

1. Releasing a public statement which sends a clear message that hate motivated violence will not be tolerated and that the rights and freedoms of all individuals will be protected and,

2. Setting new guidelines around this issue for prosecutors to ensure an injustice like this does not occur again

3. Apply for reconsideration of this case as per the 'clearest of cases" as cited in R v Arabia, 2008 ONCA 565

We look forward to you prompt response on this mater.

Sincerely,

The National Council of Canadian Muslims (NCCM)

Canaan Muslim Lawyers Association (CMLA)