Update: Oct. 9, 10 a.m.
The BC Prosecution Service confirmed Kates' undertaking not to participate in protests or demonstrations has expired while Crown counsel continues its charge assessment.
"The undertaking is no longer in effect," stated BC Prosecution Service communications counsel Damienne Darby.
Update: Oct. 8, 5 p.m.
After the publication of this article, Kates’ hearing did not proceed at the scheduled time.
Nico Slobinsky, vice-president, Pacific region for the Centre for Israel and Jewish Affairs (CIJA), issued a statement on Crown counsel’s delay.
“We are disappointed with the Crown’s delay in laying the recommended charges. Justice delayed is justice denied, and it rewards the behaviour of those who wish to divide our communities.
“Kates has been instrumental in fomenting hateful demonstrations in Canada for years, and she will now be able to leverage these gatherings for the foreseeable future, posing a great risk to our community. We call on the Crown to approve the recommended charges without delay,” said Slobinsky
CIJA has long called for Samidoun to also be banned and added to the list of terror entities under Canadian law.
Meanwhile, as Kates was nowhere to be seen near a courthouse Tuesday, a video of her attending a pro-Palestine/anti-Israel conference in Madrid this week was published, wherein she stated: “We see the fascist newspapers saying we are here to celebrate the 7th of October. Well, yes, we are here to celebrate the 7th of October.”
An online article published by MasarBadil.org quoted Kates as saying the “Al-Aqsa Flood (armed operation by Hamas against Israeli citizens and military outposts) to be a qualitative revolutionary step that turned the world upside down and brought the Palestinian people’s cause back to the political and media forefront…”
Glacier Media has offered Kates, 44, understood to be a Vancouver resident, an opportunity to comment on her legal case but has not received a response, via Samidoun’s website.
Original: Oct. 8, 1:37 p.m.
Vancouver’s Jewish community gathered at Schara Tzedeck Synagogue on Oak Street Monday night under the watchful eye of at least two police dog units as it marked the unprecedented terrorist attack by Hamas on Oct. 7, 2023.
The event, attended by hundreds of people, was closed to media but various political delegates attended, including BC NDP leader David Eby and BC Conservative Party leader John Rustad, who both denounced Hamas.
“One year after the October 7th Hamas terrorist attack in Israel, the pain and sorrow is still deeply felt in BC. Today, we remember the victims, pray for the safe return of hostages, and stand firmly against violence and its glorification, striving for lasting peace,” Eby stated on social media site X.
“Today, we mourn the horrific atrocities of October 7th. I am asking BC’s political leaders to stand with our Jewish community and condemn any “celebrations” of the attack,” added Rustad, likewise.
The synagogue was subject to an arson on May 31 and as the event concluded both leaders were eventually compelled to respond to what happened downtown, with social media accounts of pro-Hamas group Samidoun Palestinian Prisoner Solidarity Network marching through the streets. An individual on a microphone at the Vancouver Art Gallery declaring “We are Hamas.”
“I’m going to demand that our federal government revoke the visas of people who promote terrorist organizations,” stated Rustad, adding on Tuesday that he will also lobby to have Samidoun designated a terrorist organization.
"This call comes in response to recent demonstrations where members of the organization and their supporters chanted 'we are Hamas and we are Hezbollah' while burning Canadian flags and calling for 'death to Canada, death to the United States, and death to Israel,'" Rustad stated.
“This kind of hateful rhetoric is wrong and has no place in our province. We stand together against violence - and the glorification of it. And we strive for peace,” added Eby.
Green Party leader Sonia Furstenau also issued a statement: “On the first anniversary of the October 7 Hamas attacks on Israel, we mourn the devastating loss of life in Israel, including Canadian citizens, and we continue to mourn the ongoing losses, and the hostages who have not returned.
“In the year since, the pain and grief have continued to grow. The conflict has escalated, and continues to devastate lives, causing immense suffering for Israelis and significant loss of life for Palestinians. We are now witnessing this growing into the regional conflict we have all feared.”
Samidoun director awaits Crown counsel decision on police allegations of incitement and promotion of hatred
Meanwhile, Samidoun’s director Charlotte Kates, an international organizer of the group, was set to appear in court Tuesday.
Kates was arrested last April after an April 26 demonstration, at the gallery, wherein she called Hamas’ attack “heroic and brave.”
Kates is alleged by police to have committed public incitement of hatred and wilful promotion of hatred. Kates signed an undertaking not to attend any protests, demonstrations and assemblies. Kates agreed to appear in court for a hearing on Tuesday.
Vancouver Police Department recommended charges to Crown counsel.
On Tuesday, the BC Prosecution Service told Glacier Media Crown counsel was still deliberating the police recommendation. Kates’ name did not appear on any court appearance lists Tuesday.
Kates’ case has sparked further debate on what constitutes a hate crime.
The BC Civil Liberties Association has expressed concern the police had breached Kates’ right to free speech and right to assemble.
Criminal defence lawyer Sarah Leamon explained that Crown prosecutors are responsible for approving charges as recommended by police.
Leamon said the process is complex and difficult to speculate on as Crown proceeds internally.
Leamon noted the Criminal Code of Canada makes it an offence to wilfully promote or publicly incite hatred against any identifiable group, including religion and ethnic origin.
And, inciting or promoting hatred makes it illegal to communicate such statements in a public place, where doing so is likely to lead to a breach of the peace.
As to whether celebrating and promoting the acts of Hamas meets this threshold is what appears to be at stake although Leamon said “it is difficult to speculate about what specific factors Crown may be considering here in conducting their charge approval function.”
Leamon noted Crown counsel also considers if a prosecution is in the public interest.
Samidoun has non-profit group status in Canada, a country that has listed Iran-backed Hamas as a terrorist organization for using the Gaza Strip as a base for terror attacks against Israel.
The group rejects such a label, as it alleges Israel is committing a genocide of Palestinians in the Gaza Strip and calls for the end of the state of Israel.
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.
