ottawa pro-palestinian protesters claim legal victory after all charges dropped
all charges were dropped against five pro-palestinian protesters arrested in connection with a nov. 2024 demonstration.
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a file photo of the ottawa courthouse on elgin street.
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postmedia
local pro-palestinian groups are claiming a legal victory after all charges were stayed against five protesters who were arrested in connection with a demonstration that spilled onto downtown streets in november 2024.
the nov. 18, 2024, demonstration began around 5 p.m. at the human rights monument on elgin street and, according to police, organizers were advised “multiple times” to “limit their demonstration to the sidewalk and not obstruct traffic.”
demonstrators did not comply with that request, police said.
four demonstrators — josh lalonde, ayman fadil, ali nasser el dinne, and hassan hamed — were arrested during the demonstration and faced multiple charges, including mischief, obstructing police and participating in an unlawful protest.
one of the protest organizers, sarah wazzi-moukahal with the palestinian youth movement, was arrested several days later on nov. 24.
deputy crown attorney moiz karimjee informed the court on may 9 that 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,” karimjee said in court. “there are limitations. the community has a right to law and order. change cannot be pursued by breaching criminal law.”
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the demonstrators had “an incomplete and inaccurate understanding about the right to protest being absolute and without limitations,” karimjee said. “these accused have taken responsibility, sought out legal advice from lawyers with knowledge of criminal law, and learned of the limits of lawful protest.”
all of those charged spent a day in jail, which karimjee called a “significant consequence.”
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.
sam hersh
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submitted
all five were released on bail, banned from communicating with each other and were forbidden from attending, organizing or participating in protests related to the conflict in the middle east. those conditions have since been withdrawn.
“the consequence of being charged and spending time in pretrial custody sends a clear message for everyone to protest within the boundaries of criminal law,” karimjee said in court last week.
“victory: all charges dropped! today, our community members walk free with their heads held high.” the ottawa chapter of the palestinian youth movement wrote in a may 9 social media post following the hearing.
“the palestine movement worldwide is increasingly under attack by those in power,” the group said in a statement monday. “arrests, heavy fines and the creation of new bylaws to restrict our charter-protected rights are all tactics used to intimidate and silence us.”
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a proposed update to ottawa’s noise bylaws would grant noise exceptions for some special events, but does not apply to demonstrations.
a recent city staff report stated the current bylaw does not restrict charter rights to freedom of expression, as the bylaw only regulates noise levels and not the contents of speech.
the use of megaphones, horns and speakers is not a right guaranteed under the charter, staff wrote, and restricting the use of those devices protects the safety of protesters, bystanders and first responders. limiting the use of those devices through a noise bylaw can be justified under the charter if challenged in court, according to the report.
in her initial court appearance on nov. 24, 2024, wazzi-moukahal was identified by crown attorneys as a leader of the pro-palestinian movement who was “shouting” into a megaphone during the demonstration.
the crown alleged during that hearing 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.”
those charges were officially stayed in a court filing last week that stated “the duration of the protest was short and its impact minimal.”
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the five people charged had no prior criminal record, karimjee noted, and each of the five made a $500 donation to local food banks.
wazzi-moukahal expressed her “sincere reflections” in a letter to the court and pledged to protest lawfully in future demonstrations.
“my actions on november 18th, 2024, were guided by my sincere, but incomplete beliefs about the rights to peaceful assembly and freedom of expression,” she wrote. “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.”
crown prosecutors had earlier withdrawn assault and harassment charges against a 74-year-old woman who was captured on camera ripping off a woman’s hijab on may 14, 2024, at city hall, where pro-israel and pro-palestinian groups had gathered.
pro-palestinian protests and marches have become a mainstay on the streets of downtown ottawa since oct. 7, 2023.
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ahelmer@postmedia.com
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