Breaching Criminal Law with Impunity

 

"[All charges would be stayed after all five made a donation to charity and wrote letters to the court] admitting to the limits of lawful protest and promising to obey the law in any future protests."

"The right to protest is protected by the Charter of Rights and Freedoms. However, the right to protest is not absolute. There are limitations."

"The community has a right to law and order. Change cannot be pursued by breaching criminal law."

"[The demonstrators had] an incomplete and inaccurate understanding about the right to protest being absolute and without limitations."

"These accused have taken responsibility, sought out legal advice from lawyers with knowledge of criminal law, and learned of the limits of lawful protest."

Deputy Crown attorney Moiz Kaimjee 

A file photo of the Ottawa courthouse on Elgin Street. Photo by Ashley Fraser /Postmedia

"Victory: all charges dropped!"

"Today, our community members walk free with their heads held high."

"The Palestine movement worldwide is increasingly under attack by those in power. Arrests, heavy fines and the creation of new bylaws to restrict our Charter-protected rights are all tactics used to intimidate and silence us."

Palestinian Youth Movement, Ottawa chapter 

On November 18, 2024, police informed organizers of a demonstration 'multiple times' at the Human Rights Monument in Ottawa to "limit their demonstration to the sidewalk and not obstruct traffic". The group failed to acknowledge police authority and the demonstration spilled over onto downtown streets, leading police to arrest five of the protesters when the demonstrators failed to comply with the police request. 

Four of those demonstrators named as Josh Lalonde, Ayman Fadil, Ali Nasser El Dinne, and Hassan Hamed were arrested at the demonstration to face multiple charges that included mischief, obstructing police, and participating in an unlawful protest. Several days later, one of the organizers of the protest, Sarah Wazzi-Moukahal, was also arrested. Those who were charged were kept in jail for a day, termed a "significant consequence" by the Deputy Crown attorney.

 

A day later, all five were released on bail with conditions banning them from communication with one another. They were also forbidden from attending, organizing or participating in protests in relation to the conflict between Israel and the terrorist Palestinian group Hamas -- conditions that have since been withdrawn.

 

People gather outside the Ottawa Police Service's headquarters on Sunday to support a protester who was arrested at a pro-Palestinian rally the day before. (Anne-Charlotte Carignan/Radio-Canada)

 

But the threat to public safety and security along with the group's disturbing social effects had further consequences in view of the ongoing and frequent similar such demonstrations mounted by the same group, Palestinian Youth Movement and others, deserving a hard look by municipal authorities. This took the form of an update being proposed to the city's noise bylaws. A recent city staff report pointed out that the bylaw regulates noise levels and not the contents of speeches.

 

However the use of megaphones, horns and speakers does not constitute a right guaranteed under the Charter, staff reported. Restricting the use of the devices has the effect of protecting the safety of protesters, bystanders and first responders. A noise bylaw limiting the use of the devices can be justified under the Charter if a court challenge eventuates, according to the report. Wazzi-Moukahal was identified by Crown attorneys as a leader of the pro-Palestinian movement, "shouting" into a megaphone during the demonstration. 

During the hearing the Crown alleged that Wazzi-Moukahal "exceeded the bounds of lawful protest when, as a leader on the Palestinian protest, she encouraged protesters to disobey police instructions not to be on the streets, and obstructed the police herself physically". Charges that were officially stayed in a court filing last week, stating "the duration of the protest was short and its impact minimal". Each of the five made a donation of $500 to local food banks.

 

Assault and harassment charges had earlier been withdrawn by Crown prosecutors against a 74-year-old woman captured on camera ripping a woman's hijab off on May 14, 2024 at city hall, where pro-Israel and pro-Palestinian groups had gathered. Authorities must take further steps to completely put a stop to the countless Pro-Palestinian protests and marches that have clogged downtown Ottawa streets since the atrocities inflicted by Hamas terrorists on Israelis in southern Israel on October 7, 2023.

Pro-Palestinian demonstrators gathered outside Ottawa Police Service headquarters on Elgin Street on Monday, Nov. 18, 2024. Earlier that evening, four protesters were arrested for allegedly blocking a downtown street. Photo by Sam Hersh /SUBMITTED

 

"My actions on November 18th, 2024, were guided by my sincere, but incomplete beliefs about the rights to peaceful assembly and freedom of expression."

"However, upon considered reflection and advice from legal counsel, I understand that I was not fully informed about the lawful limits to these rights as they pertain to political demonstrations."

"I acknowledge the importance of adhering to the law and ensuring that such rights are exercised lawfully."

"The exercise of my right to protest in causes I believe [in] will be done lawfully moving forward."

Sarah Wazzi-Moukahal, protest organizer, Palestinian Youth Movement