Crown won't file charges over controversial pro-Palestinian speeches in Montreal

The Quebec Crown prosecutors' office says no charges will be filed after speeches at pro-Palestinian demonstrations last October led to accusations of hate speech.

In a news release Thursday, the director of criminal and penal prosecutions (DPCP) says it came to this conclusion "after a rigorous analysis of the available evidence" regarding events on Oct. 14 and 28 in Montreal.

In a speech to protesters on Oct. 28, Imam Adil Charkaoui, speaking Arabic, denounced "Zionist aggressors" and called on Allah to "kill the enemies of the people of Gaza and to spare none of them."

The Crown says a complaint of threats and incitement to violence was filed on Nov. 6 with the Montreal police service. The investigation was then conducted by the RCMP.

A report prepared by the RCMP was examined by a committee composed of three prosecutors specializing in criminal and penal prosecutions, the Crown says.

The offence under section 319(1) of the Criminal Code concerns "every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace."

The Crown said the statements analyzed must target an identifiable group as defined in section 318(4), namely: "Any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability."

Under the circumstances, the provisions of the Criminal Code do not allow for charges to be laid in this case, the Crown says.

"The DPCP concludes that the evidence does not establish beyond a reasonable doubt that the words spoken constitute incitement to hatred against an identifiable group within the meaning of the applicable Criminal Code provision, given the interpretation thereof by the courts," the Crown's news release says.

"It is not for the DPCP to pronounce on the socially acceptable nature of public discourse, but rather to determine whether a criminal act has been committed."

The decision not to lay charges cannot be interpreted as taking a position in the current socio-political context, the news release adds.

In a video posted to social media, Charkaoui praised the Crown's decision.

"This excellent decision was completely predictable for anyone who heard my speech and the prayer at the end of it," Charkaoui said in the video.

A video of the Oct. 28 speech circulated on social media. It was the subject of media reports, drawing broad condemnation from Jewish advocacy groups and politicians, including Quebec Premier François Legault.

Eta Yudin, the vice-president of the Quebec branch of the Centre for Israel and Jewish Affairs (CIJA), questioned how Charkaoui received a platform to address protesters in Montreal.

"We know that words lead to actions," she said at the time. "A declaration like that could inspire actions and that's not what we want in the streets of Montreal and we're counting on the authorities to investigate."

In response to those condemnations, Charkaoui had said his prayer did not mention Jews, nor did it incite violence.